Teaching Comparative

Much ado about meaning

The New York Times' interpretation of the Luo Gan statement on Chinese law and courts seems to have been generally accepted. Newspapers from Olberlin, Kansas to Bradenton, Washington picked up the AP version of the Times'story.

This interpretation matches our expectations of a non-democratic system. For that reason alone, we need to be cautious about accepting it as completely accurate. Is there a chance our attitudes are being manipulated by appearing to validate our stereotypes? On the other hand, manipulation might come from another direction which is attempting to soften the reality of an authoritarian system. There is much at stake for China and people who want to do business with and in China. So, we need to be cautious about accepting the critique of the highly charged report from Joseph Kahn of the New York Times.

This critical thinking stuff can be so hard sometimes.

Is all this important? Yes. Luo is one of the very top policy makers in China. The policies he discussed are vital for determining the future direction of China and the rest of us. Accurate communication of ideas is also vital. Especially if there are conflicts involved.

As an important bit of context, the historian at Jottings from the Granite Studio noted that Luo was a survivor of the GPCR and therefore very concerned about maintaining Party contol and preventing chaos. It might also be important to pay attention to Wu Zhong's comments at Asia Times Online, that Luo was an associate of Jiang Zemin. As such, President Hu might want to replace him at the 17th National Party Congress next fall. Besides, Wu notes, Luo is 72 years old, and it was Jiang Zemin established 70 as the top age for election to the Politburo. Luo's statement might be seen as his contribution to political theory as he prepares for retirement.

It may take some time to determine the real meaning of Luo's words. That probably means paying attention to the role of the Party in Chinese judicial decisions for a long time to come. Looking for other reports on this topic may also help.

The Sydney Morning Herald, published a story by Mary Ann Toy, their correspondent in Beijing, which echoed much of the New York Times story, but in slightly less dramatic language.

Party dictates the law, says top Chinese official

"China's security chief and member of the ruling nine-man Politburo has lashed out at 'hostile' or 'enemy forces' trying to use the nation's legal system to undermine and 'Westernise' China, warning judges, lawyers and prosecutors that loyalty to the Communist Party is paramount.

"China's court system has been slowly improving its consistency and transparency over recent years after the concept of rule of law was written into the nation's constitution in 1999. But in an essay in a state-run magazine on Friday, Luo Gan, the country's top law and order official, said an independent judiciary was NOT appropriate for China.

"The essay in Seeking Truth magazine acknowledges that China is now part of the global community, especially in the lead-up to the 2008 Beijing Olympics, and while it is appropriate for the courts to consider international concerns, the priority was to guard against 'hostile forces (who) have been trying their best to attack and fundamentally transform our judicial system.'

"'All law enforcement activities should be led by the party. All reform measures should be conducive to the socialist system and the strengthening of the party leadership,' Mr Luo said..."


In even (surprisingly) less dramatic language, the China Post in Taiwan published a report based on a Reuters article that appeared the day before the New York Times report.

China urges judiciary to handle social unrest better

"China's security chief has warned judicial departments to stand firm in face of what he described as 'hostile forces' of reform, but also urged the judiciary to improve its handling of social unrest.

"In a wide-ranging essay published in Seeking Truth, the Communist Party's leading journal, Luo Gan dampened reformists' hopes for moves toward an independent judiciary and reaffirmed the party's guiding role in law enforcement.

"'Hostile forces have been trying their best to attack and fundamentally transform our judicial system,' Luo wrote in the essay seen on Friday. 'All law enforcement activities should be led by the party. All reform measures should be conducive to the socialist system and the strengthening of the party leadership,' wrote Luo, one of the nine-member Politburo Standing Committee that rules China.

"But Luo also displayed sensitivity toward social unrest -- fuelled by corruption, illegal land grabs and a rising gap between rich and poor -- that has challenged the party's efforts to maintain stability and its own grip on power...

"His essay also displayed a sensitivity to China's growing profile internationally, which will increase as the 2008 Olympics in Beijing approach.

"'In resolving domestic problems that might have international repercussions, we should consider the international impact and reaction and respond appropriately to the concerns of the international community,' he said.

"At the same time, Luo expressed concerns about China's increasing exposure to outside influences..."

Labels: China, rule-of-law

posted by Ken Wedding @ 9:51 AM