Rights in China (the lack thereof)

I know that Americans tend to make a very big deal about their Constitution, but it’s a big deal for a few reasons. One is the Bill of Rights, which was (technically) added to the constitution as the first 10 amendments in 1791.

The other day, I was thinking about the lack of rights in China. “But wait,” I said to myself. “Surely, there must be a few of the basic 10 in China!?!”

Nope:

Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
In China, the Communist Party of China (CPC) controls religion, speech, press, assembly, and assembly. These freedoms are not available.

Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
In China, the CPC controls access to guns and the Army. This freedom is not available.

Amendment III: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
In China, the CPC has “stationed” party workers in Uigur homes.

Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In China, the CPC decides who gets searched or seized in a closed process without due process.

Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In China, “justice” and punishments is administered via closed courts. China has the highest number of state executions in the world. Private property is routinely seized without just compensation.

Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
In China, trials are often slow. The accused can be held for long periods without charge or trial, access to lawyers and/or evidence against them.

Amendment VII: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
In China, trial by jury is unknown. The common law is not observed. In many commercial cases, defendants are found guilty without a hearing.

Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
In China, defendants are held without bail and massive fines have been levied against “enemies of the state.” Executions are common.

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In China, the CPC controls rights and tells citizens if and when they have rights.

Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In China, power is centralized in the CPC. There is no such thing as provincial and/or popular powers.

My one-handed conclusion is that the Chinese do not have the rights of Americans, and that affects how governments and citizens interact.

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Author: David Zetland

I'm a political-economist from California who now lives in Amsterdam.

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