The "foreign policy" magazine America website: "the 10 worst Chinese law"

(fromHttp://www.google.co.in/profiles/ljlong2006)

BeautyThe "foreign policy" magazine web site (Foreign Policy), a recent articleThe topic is"The 10 worst Chinese law"(ThE 10 Worst Chinese Laws).

Ultimately, Chinese is a what kind of country, not byEconomic development decides, it is decided by the law. No.To change these laws, the country will be forever is a medievalJi country.

1 "criminal law"

Article 105thOrganization, planning, implementation of subversion of state power, to overthrow the socialistJustice system, the ringleaders or those whose crimes are serious, noIn prison or for more than ten years in prison; the active participantsAt three years, more than ten years in prison; the other participants, is less than three years imprisonment, criminal detention, control or strippingDeprivation of political rights.

Inciting subversion of state power to the rumor, slander or any other meansAnd overthrow the socialist system, and five years in prison, criminal detention, control or deprivation of political rights; the ringleaders orPersons who commit major crimes, at more than five years in prison.

Although the people's Republic of China "constitution" stipulates that the thirty-fifth,Citizens have the freedom of speech. However, due to "criminal law" the tenthThe provisions of section 5, the government can legally press allCriticism. Many government critics, were eventually to subversionProsecution.

2 "the people's Republic of China Household Registration Ordinance"

Article SixthCitizens should be living in the regular local registered permanent population,A citizen can only be in one place for the resident population registration.

The hukou system adopts residence citizens will be classified, man-made notWith the social and economic level. Unless certain conditions are met, the countrysideThe account shall not be converted to urban residence. If there is no local account,Floating population is difficult to enjoy the residence of medical treatment, andTo solve the problem of children education.

3 "Internet information services management approach" (State Council 292Orders.

Article fourthThe State shall adopt a licensing system for the management of Internet information services;For non profitable Internet information service for the implementation of the system. NotObtain a license or not filing procedures, and shall not engage in mutualNetwork information service.

Article ninthIn the Internet information service, electronic bulletin service to be run, it shall apply for profitable Internet information service license orFor non operational Internet information service for the record, according to the countryThe relevant regulations of the special application or special for the record.

Article fourteenthIn the news media, publishing and electronic bulletin board services such as mutualNetwork information service providers, should record the informationCapacity and release time, the Internet address or domain name; interconnectionNetwork access service provider shall record the user's Internet access timeIn between, the user account, the Internet address or domain name, callingIf the number and other information. Internet information service providers and InternetLog backup network access service provider shall be kept for 60 daysIn the query, and the relevant state authorities, shall be provided.

Article fifteenthInternet information service providers shall not produce, copy, publishSpread, contain the following information:
(a) against the basic principles of the constitution;
(two) of endangering national security, leaking state secrets, subverting the countryInternational regime, undermining national unity;
(three) harm national honor and interests;
(four) to incite ethnic hatred, ethnic discrimination, undermining ethnic groupJunction;
(five) undermining national religious policy, promote the cult and superstitiousThe letter;
(six) spread rumors, disturbs social order, undermining social stabilitySet;
(seven) distributed obscene, pornographic, gambling, violence, murder,Terrorist or instigates crimes;
(eight) insult or slander others, infringe upon the legitimate rights and interestsThe;
(nine) other contents prohibited by law, administrative regulations.

Banned websites "disturbing social order, undermine social stability"Information, the fuzzy method is actually setCensorship of the Internet, the government. Reportedly, China governmentHired 30000 internet police, responsible for monitoring 250000000The people. At the same time, because the ISP (Internet information servicesPerson) must be responsible for the contents of the site, the self Censorship (sElf-censorship) popular.

4 "the people's Republic of China at all levels of people's Congress Standing CommitteeSupervision law "

Article thirdThe Standing Committee of the people's congresses exercise the powers of supervision,We should focus on the overall situation of national work, taking economic construction as the center,Adhere to the leadership of the Communist Party of Chinese, insisted Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory and "Three Represents"To be thought, to uphold the people's democratic dictatorship, adhere to the socialist roadRoad, adhere to the reform and opening up.

The law stipulates that the legislature must obey the leadership of the party. RealActually, this one is equal to cancel the independence of the legislature,It must become a "rubber stamp set". Although the constitution, laws and regulationsFixed China has 8 democratic parties, but because of the existence of the aboveThe law, that they have little impact on government.

5 "property law"

Article forty-secondTo meet the needs of public interests, in accordance with the lawThe specified limits of authority and procedure can impose the collective ownership of land andUnits, individual housing and other real estate.

This law grants the government deprived of private property rights, only"To meet the needs of the public interest". In the actual operation,The government or developers in order to commercial interests, often abuse thisThe provisions of the demolition, only very object or land expropriation objectLess compensation. Many farmers because the land has been expropriated by the government, andA complete nothing.

6 "the regulations on religious affairs" (the State Council decree 426)

Article thirdShall abide by the religious groups, venues for religious activities and religious believersThe constitution, laws, regulations and rules, safeguard national unity, peopleEthnic unity and social stability.

Article SixthThe religious establishment, alteration and cancellation, shall be in accordance with the "agencyRegulations "Regulations on the registration and management of the registration.

Article thirteenthThe preparatory establishment sites for religious activities, set up by the religious groups to beThe religious activity places where the people's government at the county level religiousDepartment to apply. Department of religious affairs of the people's government at the county levelShall, within 30 days from the date of receiving the application, to be agreed, districts reported that the Department of religious affairs of the Municipal People's government for approval.

Districts of the Department of religious affairs and municipal people's Government shall receiveDepartment of religious affairs of the people's government at or above the county level shall report the date of 30Days, to be agreed to establish monasteries, temples, mosques, teachHall, put forward examination opinions, submitted to the provincial, autonomous region, or municipality directly under the central governmentThe religious affairs department approval for the establishment of people's government; the other is fixedPlaces of religious activity, to approve or not to approve the decisionSet.

The Religious Affairs Department of the province, autonomous region, municipality directly under the central government shallWhen it receives the districts and municipal people's government plans to the Department of Religious AffairsAgreed to set up the temple, temples, mosques, churches ReportWithin 30 days, make a decision of approval or disapproval.

Religious groups to apply for the establishment of the religious activity site approvalPreparation, matters shall be handled the venues for religious activities.

Article sixth and the provisions of article thirteenth of the government can decide casesThe legitimacy of the teaching group, and third in the "national unity and socialFuzzy wording stability ", the government had to interveneA legitimate excuse religion.

7 "the people's Republic of China Labor Law"

Article ninthHigher level trade union organization and leadership to lower level trade union organizations.

Article tenthThe establishment of national unity of all China Federation of trade unions.

Article eleventhPrimary trade union, local trade unions at all levels, national or local productionTo establish trade union organization, must be approved by the superior trade union.

"Labor law" provisions of the China only a legal union-- China Federation of trade unions, the government leadership. Other unionsIt is illegal to trade unions, and individual may organize trade unions.Such a provision is not conducive to the protection of the rights and interests of the workers. In the presentIn reality, the union is often weak and feeble, capital is veryStrong, workers were in a vulnerable position.

8 "national security law"

Article fourthAny organization or individual that harm the people's Republic of ChinaAnd the national security act must be prosecuted.

Said activities endangering State security "as mentioned in this law, refers to the overseas institutionsThe organization, person, or instigating, helping others outThe territory, or organization, individual and foreign institutions, organizations, aThe implementation of the harm of the collusion between the people of the people's Republic of ChinaSafety behavior:

(a) plot to overthrow the government, secession, to overthrow the socialistJustice system;

(two) in an espionage organization or accepting a mission and its generationManagement tasks;

(three) stealing, spying, buying, illegally providing state secretsThe;

(four) instigated, seduce, buy national staff;

(five) for other destructive activities endangering State security.


Many critics of the government published remarks, tend to beIn this article the first "plot to overthrow the government, secession, overthrow the socialist system "or third" stealing, spying, buying, illegally providing state secrets "and the prosecution. According to the JThe statistics of ohn Kamm, 99% of the accused were found guilty.

9 Consumer Protection Law, Chapter II, Articles 7 and 8

(this part I'm not sure the original author referred to in the provisions, soNot only provide translation, text)

What it says: Companies are expected to maintain safety standards currently established by other companies, and businesses can 't be punished for falling behind raised standards established by goods entering the market at a later time

What it does: Safety standards and laws fluctuate with shifts in the market. Thus, there are no objective mandates for consumer product safety. After last summer 's string of product recalls, the U.S. and Chinese product safety agencies met to discuss new measures, including banning the use of lead paint in toys exported to the United States. Still, there is little hope for progress unless Chinese local authorities stop haphazardly enforcing rules and regulations

10 "the people's Republic of China Law on response to emergencies"

Article fifty-thirdPerform unified leadership responsibilities or tissue treatmentThe people's Government of emergencies, should be in accordance with the relevant stipulations, accurate, timely release relevant emergency developments and shouldEmergency disposal work information.

Article fifty-fourthAny unit and individual shall not fabricate, communicationThe emergency situation or emergency work is falseFalse information.

Due to the emergence of social chaos during SARS 2003Lawmakers want to regulate, lead to the spread of information. However, thisArticle two the law in fact deprived of personal communication right of information,The information transmission right are handed to the government. In reality, itFor the local government to control the media, provides a legitimate excuse. ManyCoal mining and industrial accident news, because "the destruction of socialStable ", while being dragged open or concealed, causing heavy casualties.