Brexit Highlights Decline of Europe and Rise of China’s Neo-Communist Model

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Brexit (photo by Rlevente, licensed under CC BY-SA 4.0 via Wikimedia Commons)

In a historic referendum held on June 23rd the United Kingdom (UK) voted to leave the European Union (EU) by a thin margin of 51.9% against 48.1%. Whether this decision will harm the British economy or will lead the EU to its disintegration, as some have predicted, is a matter of speculation for the time being. However, the referendum and the Pandora’s box it has opened are clear signs of a long-term process: the decline of Europe and the shift of economic and political power to the East.

In an editorial the Global Times, a mouthpiece of the Chinese Communist Party (CCP), argued that the UK referendum is likely to push the entire continent into chaos, which will only accelerate the shift of wealth and power from West to East. “East Asia has witnessed decades of high-speed growth and prosperity”, wrote the Global Times. “Europe stays where it was, becoming the world’s center of museums and tourist destinations … Europe is not able to resolve the problems it is facing”. Continue reading

Voluntary Surrender and Confession in China’s Legal System – From the Empire to the People’s Republic

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A magistrate holds court (late 19th century. Author unknown. Public domain, via Wikimedia Commons)

China’s Televised Confessions

On January 17 Gui Minhai, a Chinese-born Swedish citizen, made a high-profile confession on China Central Television (CCTV), saying that he had turned himself to the authorities voluntarily. He confessed to having caused the death of a 20-year-old woman while drunk-driving back in 2003. According to China’s state media, Gui had subsequently fled mainland China with fake documents. “Returning to the Chinese mainland and surrendering was my personal choice and had nothing to do with anyone else”, the 52-year-old said. “I don’t want any individual or institutions, including Sweden, to interfere in anything to do with my return”.

Gui Minhai had mysteriously disappeared from his home in Pattaya, Thailand, on 17 October 2015. A camera in his Thai condo showed him that day as he came back home carrying groceries. Shortly afterwards, he drove away together with a man who had been waiting for him in the garage. According to Gui’s daughter, he suddenly stopped communicating with her. She did not know what had happened until she received an e-mail from Lee Bo, one of her father’s business associates: “Your dad has gone missing”, Lee wrote. “We’re afraid he was taken by Chinese agents for political reasons”. It has been suggested that Gui’s alleged abduction may be part of “Operation Fox Hunt“, launched by Xi Jinping in 2014 with the aim of forcibly repatriating Chinese citizens wanted by the government, including political dissidents. Thailand’s immigration authorities had no record of Gui leaving the country, a circumstance that contradicts Gui’s claim of having returned to China voluntarily. Continue reading

Chiang Kai-shek – Dictator, Idealist, Criminal?

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Chiang Kai-shek’s portrait hung on the rostrum of Tiananmen Square. After the Communists overthrew Chiang’s government in 1949, they replaced his portrait with that of Mao Zedong (photo by unknown author via Wikimedia Commons, public domain work) 

Chiang Kai-shek, the leader of the Republic of China (ROC) and of the Guomindang from 1927 to 1975, is a controversial figure whose legacy is still debated both in China and in Taiwan. In this post we shall let Chiang himself speak and quote several passages from his speeches and works which highlight the complexity of his character, his contradictory relationship with Sun Yat-sen‘s ‘Three Principles of the People‘, and his constant oscillating between the role of a humanistic world leader, of a ruthless general, of an anti-Communist hero, and of a brutal, narrow-minded oppressor.

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Patriotism is not enough

A message to the eleventh annual New York Herald Tribune Forum on Current Problems delivered on November 17, 1942.
The political testament of the Father of our Republic, Dr. Sun Yat-sen, began with the reminder to his followers, “The Revolution is not yet achieved.” Even after the National Revolution succeeded in overthrowing the war lords and unified China in 1927, we have continued to characterize our Government as a Revolutionary Government. Critics asked, now that you have established a Government of all China, why do you persist in calling yourselves a Revolutionary Government? What do you mean by Revolution?
The answer is that what we mean by Revolution is the attainment of all three of Dr. Sun’s basic principles of national revolution: national independence, progressive realization of democracy, and a rising level of living conditions for the masses. When victory comes at the end of this war, we shall have fully achieved national independence but will have far to go to attain our other two objectives. Hence our claim that ours is still a Revolutionary Government which means no more or less than it is a government dedicated to attaining these other two objectives.
Insisting on national independence for all peoples, Dr. Sun’s vision transcends the problem of China, and seeks equality for all peoples, East and West alike. China not only fights for her own independence, but also for the liberation of every oppressed nation. For us the Atlantic Charter and President Roosevelt’s proclamation of the Four Freedoms for all peoples are cornerstones of our fighting faith.
For many centuries Chinese society has been free of class distinctions such as are found even in advanced democracies. At the core of our political thought is our traditional maxim, “The people form the foundation of the country”. We Chinese are instinctively democratic, and Dr. Sun’s objective of universal suffrage evokes from all Chinese a ready and unhesitating response. But the processes and forms by which the will of the people is made manifest, and the complex machinery of modern democratic government cannot, I know to my cost, be created overnight, especially under the constant menace and attack of Japanese militarism.

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Legalism And Leninism In China’s Constitutional History

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The National People’s Convention met in the Great Hall of National Central University in Nanjing on May 5, 1931. Seven days later the Convention adopted the Provisional Constitution (photo by unknown author, via Wikimedia Commons)

When the Qing Dynasty was overthrown in 1911 and the Republic of China (ROC) was proclaimed, the revolutionaries led by Sun Yat-sen embarked on an ambitious experiment to modernise the country according to liberal Western ideals of democracy, human rights and division of powers. The new Republican government issued a Provisional Constitution which guaranteed progressive democratic rights, including judicial independence. However, after the first elections held in 1913, general Yuan Shikai unlawfully seized power and suppressed the elected parliamentary majority. Sun Yat-sen and his party, the Guomindang, were forced into underground opposition. When Yuan died in 1916, the central government fell apart, and regional warlords created personal fiefdoms in which they ruled like monarchs.

The 1912 Constitution was inspired by the ideals of the American and French revolutions. But the failure of democracy, the repression suffered at the hands of Yuan Shikai and the warlords, and the threat of foreign imperialism convinced Sun Yat-sen that democracy in China was unattainable as a short-term goal. He observed with keen interest the events of the Russian revolution, and the triumph of the Communists led by Lenin seemed to him an example of a revolutionary party that had succeeded where the Guomindang had failed. Sun asked for Soviet help, and Russian advisers were sent to China to reorganise the Guomindang on the basis of Leninist principles. Continue reading

Legalist Tradition And Criminal Law – Republic Of China vs People’s Republic Of China

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The original Constitutional Drafting Committee of the newly founded Republic of China, photographed on the steps of the Temple of Heaven in Beijing, where the Draft was completed in 1913 (photo by Rowanwindwhistlerhttp://www.archive.org/details/thefightforthere14345gut, CC BY-SA 3.0 via Wikimedia Commons)

In a previous post we have demonstrated that the Constitution of the People’s Republic of China (PRC) contains fundamental elements which are consistent with, if not directly derived from, Legalist principles. In this chapter we shall analyse and compare the Legalist elements contained in the criminal codes of the Republic of China (ROC) and of the PRC.

Legalism and the Criminal Code of the Republic of China

In 1911 the Xinhai Revolution overthrew the Qing Dynasty which had ruled China for over 260 years. On January 1st, 1912, the leader of the insurgents, Sun Yat-sen, proclaimed the foundation of the Republic of China (ROC). On March 11 the government promulgated the Provisional Constitution of the Republic of China (中華民國臨時约法). The Constitution embodied Sun’s political ideals, which he later enshrined in the Three Principles of the People. Sun had been educated in the United States and his worldview had been shaped by the three major Western ideologies of the 18th, 19th and early 20th century, namely nationalism, democracy and socialism. In his Three Principles, Sun tried to synthesize these three political currents in order to revitalise and strengthen China.

The Provisional ROC Constitution was heavily influenced by Western liberal democratic ideals, most especially the principle of free popular elections, of protection of individual freedoms and rights, and of division of powers, including judicial independence (法官獨立). Article 51 stated: “Higher government authorities shall not interfere with the independent work of judges” (法官獨立審判不受上級官廳之干涉). Continue reading

Sun Yat-sen: Memoirs of a Chinese Revolutionary

Sun Yat-sen (source: Wikipedia)
Sun Yat-sen (1866 – 1925) was a Chinese revolutionary and politician. During the Late Qing era he fought to overthrow the Manchu Dynasty and establish a new, modern Chinese state. His political doctrines, most notably the Three Principles of the People, had a deep impact on the development of China in the 20th century. Sun Yat-sen is the founding father of the Republic of China (ROC) and the founder of the Guomindang (中國國民黨, literally “China National People’s Party”), the oldest still active political party in the Chinese-speaking world.
 
His legacy is still alive both in the People’s Republic of China (PRC) and the ROC in Taiwan. Sun’s doctrines are enshrined in the ROC Constitution. Article 1 states that “The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, by the people, and for the people“. In the PRC, however, the Communist Party of China (CCP) and the Revolutionary Committee of the Chinese Guomindang (RCCGD) both claim to represent the true spirit of Sun’s ideas.  
 

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Confucianism And The Law In Singapore And Taiwan

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Image from the Classic of Filial Piety (via Wikimedia Commons)

In the previous posts we have shown how Legalist and Confucian values as well as the legal codes of imperial China have influenced the legal system of the People’s Republic of China (PRC). We have concluded that the Communist state emphasizes Legalist principles and legal traditions that aimed at protecting dynastic rule from rebellion and treason. Confucian values, by contrast, play only a secondary role. We shall now show how two other states belonging to the Chinese cultural sphere, the Republic of Singapore and the Republic of China (ROC) on Taiwan, have incorporated traditional Confucian principles into their legal system.

Singapore And Filial Piety

Singapore is a multicultural society with English as its main official language. However, because three-quarters of its population are ethnic Chinese, Chinese culture and traditional values have exerted a deep influence on the official discourse and the legislation of the city-state. During the first two decades following the foundation of the Republic in 1965 and the consolidation of power by the ruling party, the People’s Action Party (PAP), traditional values did not play a substantial role in policy-making. The government was too busy building up the state and the economy. At a time when the West still led the global economy, Singaporean leaders did not seem eager to emphasize Asian traditions. Continue reading

The Guomindang, The Communist Party And Leninism

Founded in 1912, the Guomindang (中國國民黨, literally China National People’s Party) is the oldest still active political party in the Chinese-speaking world. It constituted the first elected majority in the Chinese National Assembly of 1913. After Yuan Shikai‘s coup d’etat, the Guomindang devoted itself to the mission of reunifying China, defeating the warlords, and defending the country’s territorial integrity from foreign powers. From 1927 on, the Guomindang ruled over China with an iron fist. But in 1937 the “golden era” of Nationalist China came to an end, as Japan invaded the country.
The Guomindang fought at the side of the Allies and won the war of resistance against Japan. Yet only four years later it lost the civil war to the Communists led by Mao Zedong. In 1949, the Guomindang apparatus and the whole government of the Republic of China retreated to Taiwan. There, once again, the Guomindang governed with authoritarian methods, wiping out opposition to its one-party rule. In the 1980s, however, the party leadership loosened its grip on society and allowed the formation of an opposition and free elections (for a history of the Guomindang, see Peter Moody: Political Change on Taiwan: A Study of Ruling Party Adaptability, 1992, pp. 13-35).
But despite the fact that the Chinese Communist Party (CCP) and the Guomindang were bitter rivals, they also share a common element: Leninism. It is the purpose of the present article to analyse how the Guomindang, after having been suppressed by Yuan Shikai and marginalised by the warlords, reorganised itself through the aid of Soviet advisers and incorporated fundamental elements of Leninism.

Sun Yat-sen and the Old Guomindang

Prior to 1912, Sun Yat-sen had been the most radical enemy of the Manchus. For years he had fought to overthrow the Manchu dynasty and bring a Han Chinese government to power. In Sun’s mind, the corrupt and inefficient imperial government and the lack of national spirit were the reasons why China had been unable to resist foreign invasions and exploitation. In 1905 Sun founded the Tongmenhui, an organisation supported by a small group of intellectuals, professionals, and overseas Chinese. The Tongmenhui was based on the tradition of China’s secret societies. The underworld and temporary alliances with imperial army officers were the only military means that Sun’s revolutionaries possessed to organise their anti-imperial revolts.

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