On January 2, a highly controversial document was passed into law by the local government in Hebei Province. The paper, drafted by the Hebei provincial Committee of Politics and Legal Affairs, was titled “Decisions Concerning Creation by Legal Department for a Better SocialistMarket-oriented Economic System.”The ensuing uproar centered around the seventh item in the paper which stipulated that criminal behavior by private businesses could only be prosecuted within a given period. Even if litigation is brought during this time, the judgment must take into account the attitude of the criminals and whether they show due penance.
China Youth Daily said it amounted to government absolution of “sin” in private Chinese businesses. A dispute has raged since over whether the new law is too soft on criminal business practices.Responding the press, Hebei Provincial Committee of Politics and Legal Affairs announced that the document is aiming to help the development of Hebei private economy, and there is not as much breakthrough as the press said. Further documents will be issued as an explanation to the public, according to the committee.
1) Pros and cons:
Mao Yushi, renowned economist
Basically, I embrace the decision. Our country is in a transitional period and laws, even the constitution, are in a state of constant change. In the next National People’s Congress (NPC), the wording “the dictatorship of the proletariat” will be consigned to history. One cannot use an outdated law to regulate societyThis should not be an excuse for embezzlement and bribery, but there is still a gap between existing laws and social justice. For example, there was a case involving a man named Sun Dawu who was sent to prison even though he hadn harmed anyone. [Sun was sentenced to three years in jail and four years?probation last November for “illegally raising funds”, as reported in Beijing Today, July 25, 2003]. Current law does not necessarily reflect soal justice.
