Hacker News new | ask | show | jobs
by webpaymentsguy 2378 days ago
When I've heard people question or say there is no rule of law in China, usually it's followed up with how their court system isn't independent of their political system by design, not that it's lawless/a free for all for the CCP.

Not that I disagree with a large chunk of what you said either, but it's just not hyperbole that China has no rule of law per a common definition of the word because of party and worker judicial supremacy.

Rule of law definition: the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.

Three Supremes: http://chinamediaproject.org/2010/11/12/three-supremes-%e4%b...

1 comments

That's an interesting distinction. I don't know how this is expressed in English, but the Norwegian language has a term called "the principles of a state that follows law/rights", (the word 'law' is the same word as 'right', as in French - full term "rettsstatsprinsippene").

This term is commonly translated as "the rule of law", but strongly implies the distinction that you're saying the English term does not.

Central parts of "rettsstatsprinsippene": Everyone is equal in the eyes of the law, laws cannot be reteroactive, the accused is innocent until proved guilty, the arrested must be presented to a court within 24 hours, the accused have a right to a state-appointed defender.