1. Starr Chapter 12 The Rule of Law

2. Rule of Law vs Rule by Law (Rule of Men)
Law stands above all
All equal in the eyes of the law
Neutral abiter
Enshrined as above men/women

3. Rule by Law (men) Individual officeholder stands above the law
Office holder is the arbiter to settle disputes

4. US Legal System
Protect the individual and their rights & freedom

5. Chinese Culture Primacy of the family and society
Individual obligations & duties

6. Confucianism Humans fundamentally good
Good behavior elicited by example of ruler
Subordinate obliged to obey
Superior to provide a moral example
Inferiors have an obligation to remonstrate but not a right
Performance of the ruler not the written law is the key

7. Mao Overthrows traditional Confucian system
But maintains the hierarchical system for himself & the Party
Has a “lawless” state regarding civil law
Criminal law had three parts
Police
Prosecutors
Judges
Rules by ideology – correct thinking linked to his “instructions”
Marxism-Leninism thinking – “law” tool of the old oppressing class against the masses (another class)

8. Lingering reflection of Maoist era
Crime to be “counter revolutionary” (now “endangering state security”)
Who decides what this is
Thought reform through coercive indoctrination/presuation and hard labor
Back to the village (at best)
Gulag of sorts (at worst)
Presumption of guilt
Defendant needs to prove innocence

9. Opening to Global Economy
Need for legal system to assure foreign investors
Regulate transactions
Protect investment
Unfortunate practive of “slaughtering the chickens to scare the monkeys” & role of foreign joint ventures
Environmental regulations
Labor regulations

10. Nytimes.com

11. Question on quality of new laws
No constitutional courts – only political/CCP bodies
Improvement in training judges, but still subservient to state
Lawyers kept on a short leash

12. Elephant in the room – Human Rights
Stop an let class list how these are met or not met in US and China especially since 1950
Economic
Social
Political
Civil

13. Economic First right is to a job & full stomach
No more famines in China
Guaranteed job until the opening to Global Economy
In past housing was also provided

14. Social Free education Subsidized health care – but recent strains
In past guaranteed pension, no longer so but system slowly coming into play

15. Political
More but still limited
Some contested positions

16. Civil Freer but only if not seen as threat to the state
Example – registered with State religions
“counter revolutionary” ideas seen as threat to State/CPP

17. Take away Different cultures lead to different legal systesm
Human Rights are interpreted differently under the “rule of law” and the “rule by law” (rule of man)
Confucian hierarchical relationships, duties and obligations are still central to Chinese governance