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by latch 2743 days ago
> China does not have the rule of law

A quick look at Wiki suggest that there's at least some aspects of rule of law in China (1) - although with some defects.

I don't have the background to compare these defects with those of any other country (like the US's high incarceration rate (in general, and of minorities specifically)). I have lived a few years in China and Hong Kong and know a few lawyers and accountants born/working there. This experience has left me with a generally positive outlook.

I always try to keep in mind that my experience is narrow, but, sadly, people often have absolute opinions with even less experience, so it's always hard to gauge. I'm curious if this is a field that you've studied or work in specifically?

(1) https://en.wikipedia.org/wiki/Chinese_law#Rule_of_law

1 comments

The fact that you conflate Hong Kong and the PRC mainland tells quite a lot. Hong Kong had the rule of law and still has a close approximation. The mainland doesn’t. If you knew accountants in both places you doubtless know that an audit from a HK firm is held in vastly greater esteem than a Chinese one because they’re less likely to be leaned on or threatened.

Did you know any business people? If you did you know how much contracts are worth when the other party has pull/关系.

Conflating them would have been "I lived in Hong Kong thus have an informed opinion about China."

I gave a link with specific examples of _experts_ saying China has rule of law but with limitations and asking someone with expertise to compare these limitations to those you find in, say, America.

All you're doing is repeating "China doesn't have rule of law." Unless you are such an expert (and you very well may be, but I have no way of knowing), don't you feel weird treating something as fact that people more informed than you disagree/debate?

http://www.prospectmagazine.co.uk/magazine/thatschina

> After seven years building up a magazine empire in China, I had it stolen by the state. I lived in the grey zone that is China's media business and, despite my commitment to the country, paid a high price

https://www.baldingsworld.com/wp-content/uploads/2018/12/An-...

> A few weeks later over beers with a lawyer colleague, I recounted my tale of hysterical woe. He informed me that in reality, much of Chinese dispute resolution from neighborhood quarrels all the way through to significant civil and criminal litigation follow a similar pattern with open conflict avoided. According to him, recompense for damages all the way through to incidents involving death can allow people to avoid jail time. What I first thought a mistranslation, Negotiation Rooms existed to serve that purpose where every dispute from noise complaints to many business disputes to many acts that would qualify as felonies resolved themselves with official help in a Negotiation Room. In China as a foreigner, you become so used to being treated differently, both good and bad, that it surprises you to find out your experience is just like everyone else.