SW this week: News and Law–Hotan Jade and universal socialist law?
魏一帆 更新于2009年11月13日
Lead story: The crazy Xinjiang stone that’s risen 10,000 times in value
The lead story this week starts with an allusion to the popular Chinese comedy movie “Crazy Stone” [疯狂石头]. The piece is actually about Hotan Jade and the ridiculously fast rise in price over the past ten years. Other than this, there is not much news value in this story. The real value is in the fact that SW is putting the lives of regular people from Xinjiang on the front page, which is in stark contrast to the events in July. This is the first in a series titled “The reality and future of Xinjiang.”
For those interested in how Chinese media cover Xinijang, this piece is an interesting read. For example, the reporter did not provide any statistics on the economics of the jade industry or Hotan, nor did he write very deeply about the backgrounds of the centerpiece of his article, those who are digging for the jade. It is a simple introduction to a unique aspect of Xinjiang. Nothing controversial, yet in its own way it is very important.
I have been to the same river the reporter went to. Those people I met were almost all extremely poor farmers. Living standards in the rural areas at that time were extremely low, with many people living on less than $2 a day. Hotan is one of the poorest regions in all of China and these people seek their fortune in the riverbeds when their farmland lies fallow in the winter months.
I used to work for a newspaper out there called Xinjiang Economic Daily [新疆经济报]. When I was there, the Saturday edition was widely regarded for its cultural reporting. It goes into much more depth than today’s lead in SW. Their website, however, seems to be inaccessible, which probably stems from the Internet blackout in Xinjiang since July. You can read a few back issues of the e-paper in Chinese here.
Law: Interns who practice medicine: department response vs. national law
Reporter Chai Huiqun [柴会群] covers the conflict over the recent deaths due to alleged mistakes by unsupervised interns. The conflict is over what constitutes an illegal practice. The legal ramifications of this will affect the outcomes of pending court cases.
Chai writes: “Beijing based lawyer Chen Zhihua [陈志华] believes what is commonly referred to as ‘illegal practices’ fall into two categories. The first is a meaning under criminal law. The second falls under administrative law.”
American medical internships are covered under hospital insurance policies, but health care right now is going through its own debate and reform. It is largely about best practice in a highly expensive and inefficient system. The New York Times published this piece in its magazine last Sunday: Making Health Care Better.
Investigation: Is there a new threat to supervision of public opinion?
This piece has a startling photo in the center of the page of a female television journalist being struck in the face by an angry interviewee. The report, however, centers on the rights and responsibilities of journalists in China. It also provides a partial list of reported cases of obstruction and harassment in the last year.
Reporter He Zhongzhou [何忠洲] quotes a professor who convened a meeting of “problem reporters” on Sunday, which not-so-coincidentally was Journalists Day. This professor also produced a report titled “A Survey Report of Journalists Rights and Interests in 2008-2009”.
“The report claims that in the last year reporters have frequently been caught or detained [被抓] and that supervision of public opinion is now faced with an ever larger threat.”
Supervision of public opinion here obviously has several layers of meaning. It must be noted that while interviewees are sometimes in the wrong, journalists in China have also been known to cross the line, most notably in terms of extortion and taking bribes.
For another take on this little known holiday in China, David Bandurski at the China Media Project at Hong Kong University wrote this piece on Monday: On Journalists Day in China, Two Warning Bells
Law: Socialist Law and Governance lands in textbooks, classrooms and minds
Are the concepts in Chinese law based on universal principles? Perhaps that will be answered in the new textbook being published for Chinese law programs. Socialist law and governance will be a required course beginning next school year for every law student in China. Reporter Zhao Lei [赵蕾] talks to two academics who represent the conflicting sides of this story:
Chinese law and governance cannot answer the problems of some abstract country or the problems of western countries. It must answer the problems of China. The starting point must necessarily be that of the situation here. The notion of socialist law is part of the plan to establish Chinese socialism. It is also the theoretical search for and distillation of experience the party has in governing China. It is the practical experience of establishing law under the theory of socialism with Chinese characteristics.
- Zhu Suli [朱苏力], dean of Beijing University Law School
The practical experience of 30 years of opening and reform in China has proven with facts that the principles of law and governance come from the systematic experience of the best of human culture. Though [some experience] comes from the West, what is good about it is not restricted by national boundaries or ideologies. After it is put to use, it can help cultivate people. Only countries today that use this principle to govern will be able to manage the long term and broad reaching interests of the people.
- Yu Jiang [俞江], professor of Huzhong University of Science and Technology
The report concludes that in one expert’s opinion, “Marxist law studies is the [legal] research area where China is most likely to produce world renowned scholars.”
But who is going to read it if it’s based on concepts applicable only to the Chinese situation?
Just to serve as a contrast, the Yale University Law School course listing for 2009-2010 is here and the Harvard University Law School course listing for 2009-2010is here. I couldn’t find any courses on socialism or Marxism but they do have some on Islamic law. I wonder if that will ever be taught in Chinese law programs.
