Juxtaposition of "criminal detention" and "administrative detention"

Through the expansion of the judiciary is now the problem is that, in addition to the judiciary has the possibility of the allocation of administrative detention by the police authorities. The police can be a criminal case, either the prosecutor or to a separate department of the police authority. In the latter case the negotiation with the authority. From the police department detention is imposed as an administrative detention will be drawn. The administrative detention, which earlier in the poorly-developed judicial system, the norm was, now appears as a disruptive factor in the Chinese legal system. The problem is not that the police authorities, many judgments were wrong, but that in the period of legal certainty and clear processes in the judiciary, the parallel administrative detention no longer fits.The theme of "administrative detention" is in the chapter "Labor Camp "theme.

Rule of law in China today

In Chinese, the term "law" be interpreted differently. The motto of the CP is "yi fa zhi guo". This slogan can be used in the Chinese practice sometimes better than "rule by using the law" (rule by law) rather than in the Western sense as a "rule of law" (rule of law) to translate. However, this is not an invention of the Communist Party of China. It is deeply rooted in China, that the law is a means by which the government stabilized the company and the welfare of the population increases. In China, the economic and social rights of the population as more important than the individual rights of individual freedom. First of all, all are fed. In general prosperity can take it from there. An independent judicial policy would be to such an idea to its own people is not acceptable and would be irresponsible. Therefore, there is no institution in China concerning the protection of individuals in a legal dispute with economically or politically important groups guaranteed.

In China is therefore the primacy of politics and not the concept of reciprocal inhibition and control of state authorities. The "Socialist State" is a Chinese-style "political state" but is now a "strong tendency to juridification" owns. A characteristic of these juridification is the introduction of schemes such as the Legislation Law, the criminal or the Administrative Process Act to see that the notion of the rule of law wachrufen. This is not the liberal constitutional state, as it has developed in Europe, however, the increasingly tighter standardization of administrative action by the legal structure of the forms of "partiality" less and less space. One problem is still lack of legal certainty in socially or politically sensitive issues. The courts are controlled by the parliaments and within the courts, there is, according to the Court Organization Act, a party dominated by the jurisprudence committee, who, quite legally, in cases being taken to make them, at any time under the primacy of behauptbaren "overall interests of the state" , a political point of view to decide.Moreover, still judgments of the higher Party bodies changed. In this respect, it is important that since the year 2007, all death sentences by the Supreme People's Court in Beijing must be confirmed. Up to this time could ultimately every province of the party chief hindrance imposed death sentences. Since 2007, this right has only the chairman of the Communist Party of China, Hu Jintao at the time, and it is almost impossible that he will ever exercise this right is. At least for the death sentences are now the judge China's sole responsibility, and with the highest judicial control .

More important than the limitations in the current Chinese law is currently, however, after the significant qualitative improvement of the Chinese legislation in recent years, the transformation of the right on the paper in the law applied in all districts of the Chinese Empire. [101] An example of possible tensions between law and state authorities is the attitude towards the business Ulrich Reichert, in the year 2006 by the customs authority of the Customs has been accused of fraud. Although it is more precise analysis of the facts showed that the allegations are not correct, the entrepreneur could China do not leave two years and there were several processes. Despite various accusations, the customs authority would not lose her face, was the entrepreneur who, after two years Zitterspinne lot, in all respects and in any form acquitted. A few years ago, it would still not have been possible that a court massive allegations of the customs authority, so the Chinese government against an individual staunchly rejects.

Falun Gong stock

The founder of the Falun Gong sect Li Hongzhi organized in 1999 an unauthorized demonstration of tens of thousands of demonstrators in the administrative district of Beijing. The Chinese government viewed this as a trial, the banned Falun Gong sect and blocked many thousands of Falun Gong members in camps. Similar to the Tiananmen massacre in 1989 accused the Falun Gong-China's reform experience discussion about years ago. Today, many followers of the imprisoned Falun Gong movement, the government still regarded as enemies of the state, in only for Falun Gong followers set up camp. The number of detainees is not known to Amnesty International speaks of thousands of. Regardless of the exact number is known as deeply inhumane the Chinese government with champagne members of Falun Gong in the camps bypasses. The rules of normal labor camp apply for the "Falun Gong camp" is not. Here, the state authorities, the Falun Gong as opponents, free hand.

Human rights to the Western mind

The weighting of the various human rights is between the Western and Chinese perspective different. On the western side of human rights are inviolable and inalienable rights of every individual human being to him solely because of his humanity and respect him can never be withdrawn. The promoter of human dignity is the individual and human rights are rights of each individual. Committed are against the community and the State in which the person lives. They have the task of the human rights of every individual to protect.The German Basic Law begins consistent with the commitments: "Human dignity is inviolable. To respect and protect it shall be the duty of all state authority. The German nation is committed to a matter of inviolable and inalienable human rights as the basis of any human community.

Western criticism of China's human rights policy

From western organizations, the human rights criticized China's policy. So, for example, lists the human rights organization Amnesty International every year "exemplary" violations of human rights in China. There are cases identified in which people arrested for political reasons, and this is regarded as a breach of Human Rights denounced. From the Chinese side will not be accepted. For the Chinese, the emphasis that China remains a poor country, and the Chinese are proud of how the poverty in China and has been pushed back further and further back is. It was recalled that in the last 30 years more than 500 million people out of deep poverty and that more wealth is created. This is the true realization of human rights. (See: poverty in China). This realization of human rights was not possible if we each "obstructionist" or "agitators" any freedom there. While in the west of a few thousand Christians condemned the speech is, the Chinese refer to 50 million Christians are not harassed and stressed that the Christians are not the reason for the condemnation was that one should look more accurate times. In China religious freedom exists, and China is a secular state (see also: Religion in China). In the West, on the fate of Falun Gong members referred to that also, the extent is not known, but one can suspect evil, torture. China pointed out that Falun Gong China's stability and thus the existence of base parts of the population of China had actively threatened and threatening. The Government of China had against its own people had the obligation against Falun Gong massively intervene.

Besides differing views on human rights is in the People's Republic of China the impression that the West under the banner of universalism seemingly neutral and impartial for the human rights advocate. In reality he intrumentalisierte but the human rights issue to a moral Verbrämung involve tough policy for interest on its own national interests. The ultimate goal, at least in the American human rights policy, is the destabilization of the country with the aim of the fall of the regime of the Communist Party of China without regard to the consequences for the Chinese population.

Foreign and Security Policy

The main foreign policy objectives of the People's Republic of China are the world-wide enforcement of the one-China policy, the recognition of Tibet and Xinjiang as part of Chinese territory and the fight against separatism and terrorism. For this purpose, together with Russia and some Central Asian states, the Shanghai Cooperation Organization (SCO) was founded, initially only against separatism and terrorism was addressed, but to become a power block in the struggle for political influence and raw materials in Central Asia has developed.

The security policy objectives of the People's Republic in contrast, are not clear and therefore subject to foreign censure. Since the United States feared that the People's Republic of China, the deterrent effect of its military wants to increase strongly, produces the U.S. Department of Defense since 2004 an annual report (Military Power of the People's Republic of China), in which all information will be gathered, the USA on the People's Liberation Army is available. While the People's Republic of separate observation for this unnecessarily explains, throw it before the United States, their real defense budget to be unreasonably low, or balance sheet items under civilian to beat.