Government and Policy

China defends criticisms of its legal system

(chinadaily.com.cn)
Updated: 2010-10-22 17:15
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"I'm exasperated. The Western countries only know cavilling at China. When it comes to themselves, they apply 'double standards' of law," an Internet user said on the Global Times forum in response to the recent Western censures against the criminal charge of "subversion of state political power" in China's judicial system.

The forum poster, "wolf in heaven", further disclosed that the United States also has criminal convictions and charges similar to subversion or sedition, and published online the law provisions and legal cases on subversion and crimes against public security.

According to the Global Times reporter's reference, it turns out that, not only in the US, but also in Canada, Britain, Germany and others, criminal laws hold that behaviors such as "publishing proactive languages," "inciting others to violence or public disorder," "causing public panic and scare" as well as "inciting others to conducts that seriously endanger the state and the people," all violate the law, and could be punished by a life sentence. Thus, regardless of whether it's legal regulation on paper or law enforcement in practice, Western countries also have a tough stance on crimes of subversion and public disorder.

They Have Laws Too

The forum comment cited Chapter 115 of the US Penal Code, whose Section 2383, titled "Rebellion or Insurrection," says that "whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws" is in violation, and even those who "give aid or comfort thereto" such behaviors shall be fined or imprisoned.

Just as the forum poster said, the crime of subversion doesn't exist only in China.

In the US Penal Code, Section 2385, titled "Advocating Overthrow of Government," stipulates that "whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government," violates the law. It's also unlawful to print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matters mentioned above. Violators shall be fined up to $20,000 or imprisoned not more than 20 years, or both, and shall be ineligible for government employment for five years following the conviction.

In Britain, Treason Act 1351 stipulates that those who "conspire, conceive, plot or plan to depose the Queen from the crown of the UK, or publish seditious words or libel with a seditious intention, or incite to disorder or violence necessary" violate the law.

In Canada, its Criminal Code says in Section 61 that "every one who speaks seditious words, publishes a seditious libel, or is a party to a seditious conspiracy, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years."

In Singapore, the Sedition Act stipulates in Subsection 3 and 4 that "any person who does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act which has or which would, if done, have a seditious tendency; utters any seditious words; prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or imports any seditious publication," shall be "guilty of an offence and shall be liable to imprisonment for a term not exceeding 3 years." Besides that, according to Section 505 of the Singaporean Penal Code, "whoever makes, publishes or circulates any statement, rumor or report in written, electronic or other media, with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public," shall be "punished with imprisonment for a term which may extend to 3 years, or with fine, or with both."

In Australia, its laws stipulate that anyone "who writes, prints, utters or publishes any seditious words with the intention of overthrowing the constitution of the Commonwealth by revolution or sabotage; or overthrowing by force or violence the established Government of the Commonwealth, of a state or of a proclaimed country, or engages in a seditious enterprise with the intention of causing violence, or creating public disorder or a public disturbance" is illegal. It also includes seditious publication or distribution on the Internet and via email.

The American Convention on Human Rights in 1969 made it clear that "the right to Freedom of Thought and Expression shall be expressly established by law to the extent necessary to ensure the protection of national security, public order, or public health or morals," adding that "any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence shall be considered as offenses punishable by law."

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