IS CHINA GROWING FREER THAN THE WEST?

IS CHINA GROWING FREER THAN THE WEST? - RESPONSE
December 10, 2004
Silver Editorial Challenge member submission by Joel Beckwith

China has been the point of economic interest for the last several months in both big media and smaller free market media stemming from the discussion of outsourcing in and around the presidential debates. This peaking interest has led to numerous amounts of discussions, contentions and predictions for China's future and to what role America will play in this future. It's certain that a measured amount of economic freedom in China has led to some great prosperity for the country in recent year. It's about time. With the stunning examples of East vs. West Berlin, Hong Kong, Taiwan, and Japan showing the stark contrast that economic and business freedom plays in individual prosperity, and standard of living, compared to North Korea, the former USSR and other socialist based totalitarian states; it's rather pitiful for China to have taken so long to recognize this. Japan and Taiwan, both islands with little natural resources have trounced China in economic prosperity for decades relying almost completely on its human resources and entrepreneurial activity. To China's benefit, most of the rest of the world has yet to discover this as well and America is even forgetting this. I personally believe that China's entry into the capitalist practice is not genuinely motivated out of a sense of individual rights, sudden recognition of economic and personal liberty, nor healthy sense of the justice afforded from the rule of law. I believe the freedom the Chinese government has allowed into the country was yielded from the complete ineffectual, incompetent, and/or incapable central government to plan economies, agriculture being one example of such, and technology being another. The decision to embrace capitalism was made repugnantly as a near last resort to outright failure. Embrace capitalistic ideas or go the way of the USSR. Failing would mean losing face. This cannot happen. China has to be at its strongest appearance for the 2008 Beijing Olympic Games. HOW FREE IS CHINA COMPARED TO THE U.S.? To compare the freedom of the western states to that of China, we must find a yardstick with which to measure freedom. A good indicator of individual freedom that we are all familiar with is the Bill of Rights in the U.S. Constitution as everyone has access to it and most believe they are familiar with it. Starting at the beginning: 1st Amendment: Do Chinese have freedom of speech? No. Websites are blocked and speech is curtailed around election time, much worse than the BCRA 60-day mute period invoked here in America. Anti-government speech like that in Tiananmen Square is met with tanks, machine guns and death. Michael Moore is the health of freedom of speech in America today. Someone like him in China would have a red "X" over his face on his photo in the post office (read on for translation). a. Do Chinese have freedom of religion and freedom from State sponsored religion? No and no. The Falun Gong, famous for being illegal is a religion in China. Its practice is prohibited and its members have been imprisoned or executed. I have been told that as few as 9 religions or political parties have been declared illegal. Usually when they reach more than 1 million members, or when they grow too quickly in popularity. Meanwhile the state sponsored collectivist religions of communism/socialism where man's moral duty is service to others and actions and property are part of the state are the prevailing wind. In America, religion is tolerated with the exception of perhaps Christianity, which is being persecuted these days. Political parties are suppressed and their candidates arrested temporarily for their own safety if they are third parties but at least they are not declared illegal as in China. b. Do Chinese have freedom of peaceful assembly? No, see mentioning of Tiananmen Square. In America, freedom to assemble is only hindered by the government invoked "free speech zones" around the presidential debates locations. Razor wire is bad for sure, but better than tanks and machine guns. c. Do Chinese have freedom of the press? Basically, no, to some degree it has the ability to form and write news but it is controlled by the state and censored at will so it cannot by any means be called free. In America, we have a free press but it is usually pro-government, however the internet has spawned a great deal of independent and free news websites. d. Do Chinese have the right to own property? No. I've read of businesses gaining some sense of private property ownership but that's not even close to "private property ownership". If you don't even own your own body in China under the collectivist theory, you cannot begin to have any property rights. In America, you do own your own body so that's a good start. We got rid of the draft which had killed this freedom. You can own your house in most states but not land. Property is truly allowed to be "owned" in Nevada and Texas, which grant allodial title. If you don't know that is, then you don't know what ownership means. At the founding of this country everyone was given allodial title to their land. We've lost it. The opposite of allodial is feudal, so that's what we and China have. In America, the same goes for cars, which the state co-owns unless you get the manufacturer's certificate of origin. America fairs better but both are short of making the cut. 2nd Amendment Do Chinese have the freedom to own firearms? No. Not even close, although the cops in Hong Kong do carry shotguns, which is shocking. The right to own firearms is a strong indication of a country's recognition of individual freedom. Freedom of an individual to protect oneself and family, reflection of the government's recognition, or past recognition that the people are to have the power and the government is a servant of the people and that it must prove that it is a humble servant under gunpoint, not the other way around. It's not about deer and duck hunting, which are also illegal in China if my understanding is correct. America still has gun ownership, and this right is the "GOLD STANDARD" of a free country. If it doesn't have firearm ownership, it isn't free, period. 4th Amendment Are the Chinese secure in their persons, effects, papers against searches and seizures? Is probable cause necessary? Probably Not. Some semblance of law exists, but no one doubts that the State is supreme and is likely to speak out against injustices of this form. I'm unaware of civil rights groups in China, at least on the individual level. In America, the comparison is better in that the 4th Amendment exists, but with the Drug War and Rico Laws, asset forfeiture and searches and seizures are more common and these rights less protected, therefore they are treated as privileges, not rights. Better than China, but we both flunk on this one. 6th Amendment Do Chinese have right due process and a speedy trial? Do Chinese have the right to due process? I'm sure it's pretty speedy at least, and I'm sure there is a process............... READ THE FULL ARTICLE @ https://www.freemarketnews.com/pview/5771/1102654800/html/index.php

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HOW FREE IS CHINA COMPARED TO THE U.S.?

To compare the freedom of the western states to that of China, we must find a yardstick with which to measure freedom. A good indicator of individual freedom that we are all familiar with is the Bill of Rights in the U.S. Constitution as everyone has access to it and most believe they are familiar with it. Starting at the beginning:

1st Amendment:

Do Chinese have freedom of speech?

No. Websites are blocked and speech is curtailed around election time, much worse than the BCRA 60-day mute period invoked here in America. Anti-government speech like that in Tiananmen Square is met with tanks, machine guns and death. Michael Moore is the health of freedom of speech in America today. Someone like him in China would have a red "X" over his face on his photo in the post office (read on for translation).

Do Chinese have freedom of religion and freedom from State sponsored religion?
No and no. The Falun Gong, famous for being illegal is a religion in China. Its practice is prohibited and its members have been imprisoned or executed. I have been told that as few as 9 religions or political parties have been declared illegal. Usually when they reach more than 1 million members, or when they grow too quickly in popularity. Meanwhile the state sponsored collectivist religions of communism/socialism where man's moral duty is service to others and actions and property are part of the state are the prevailing wind.
In America, religion is tolerated with the exception of perhaps Christianity, which is being persecuted these days. Political parties are suppressed and their candidates arrested temporarily for their own safety if they are third parties but at least they are not declared illegal as in China.
Do Chinese have freedom of peaceful assembly? No, see mentioning of Tiananmen Square.
In America, freedom to assemble is only hindered by the government invoked "free speech zones" around the presidential debates locations. Razor wire is bad for sure, but better than tanks and machine guns.
Do Chinese have freedom of the press?
Basically, no, to some degree it has the ability to form and write news but it is controlled by the state and censored at will so it cannot by any means be called free.
In America, we have a free press but it is usually pro-government, however the internet has spawned a great deal of independent and free news websites.
Do Chinese have the right to own property? No. I've read of businesses gaining some sense of private property ownership but that's not even close to "private property ownership". If you don't even own your own body in China under the collectivist theory, you cannot begin to have any property rights.
In America, you do own your own body so that's a good start. We got rid of the draft which had killed this freedom. You can own your house in most states but not land. Property is truly allowed to be "owned" in Nevada and Texas, which grant allodial title. If you don't know that is, then you don't know what ownership means. At the founding of this country everyone was given allodial title to their land. We've lost it. The opposite of allodial is feudal, so that's what we and China have. In America, the same goes for cars, which the state co-owns unless you get the manufacturer's certificate of origin. America fairs better but both are short of making the cut.

2nd Amendment

Do Chinese have the freedom to own firearms?

No. Not even close, although the cops in Hong Kong do carry shotguns, which is shocking. The right to own firearms is a strong indication of a country's recognition of individual freedom. Freedom of an individual to protect oneself and family, reflection of the government's recognition, or past recognition that the people are to have the power and the government is a servant of the people and that it must prove that it is a humble servant under gunpoint, not the other way around. It's not about deer and duck hunting, which are also illegal in China if my understanding is correct.

America still has gun ownership, and this right is the "GOLD STANDARD" of a free country. If it doesn't have firearm ownership, it isn't free, period.

4th Amendment

Are the Chinese secure in their persons, effects, papers against searches and seizures? Is probable cause necessary?

Probably Not. Some semblance of law exists, but no one doubts that the State is supreme and is likely to speak out against injustices of this form. I'm unaware of civil rights groups in China, at least on the individual level.

In America, the comparison is better in that the 4th Amendment exists, but with the Drug War and Rico Laws, asset forfeiture and searches and seizures are more common and these rights less protected, therefore they are treated as privileges, not rights. Better than China, but we both flunk on this one.

6th Amendment

Do Chinese have right due process and a speedy trial? Do Chinese have the right to due process?

I'm sure it's pretty speedy at least, and I'm sure there is a process. China executes roughly 5000 people a year, 90% of the world's total. The convicted are taken from the court room where they were sentenced to death, driven around town on a truck for a half hour as an example to others of what not to be like, then taken to a field and executed with a bullet to the back of the head. The family of the deceased is then charged for the bullet that was used to execute the deceased. The going rate is about $3.00 for the bullet, last I heard. Then the red "X" is put over the photo of that person in the post office. I cannot prove that the deceased's organs are harvested and used for transplants, but that has been reported.

In America, due process is mainly intact although the Guantanamo Bay, Jose Padilla incident put a serious dent in America's rating in this category. Both countries may have rule of law, but China's human rights record along with its laws reducing man to a servant of the state (i.e.; a slave) give America the nod in this category, but not by much. America's human rights record is poor indeed as well. With conflict or wars in most of it's latest 100 year history, and thousands of civilian casualties in these conflicts and the gassing of citizens at Waco, TX, (alleged?) murder at Ruby Ridge, and other incidents with citizens - Carl Drega etc, America is losing it's place as the triumph of the planet when it comes to justice and rule of law. The only innocent party in this area is Tibet, not the U.S. or China.

7th Amendment

Do Chinese have the right to trial by jury?

Yes and No. I couldn't find any "right" stated or implied, but China does have a jury system although the contention is it doesn't use it.

This puts it far below the U.S. where the jury system is certainly afforded to people. The only blemishes on America's record of this right are trial by jury not being allowed for court cases where the penalty is 6 months or less, juror's being kept uninformed of their right to acquit based on judgment of the law, and the denial of this right to citizens such as Jose Padilla.

9th and 10th Amendments

Do the people of China have power expressly reserved for themselves? No. All rights as such are recognized as privileges currently in China and until this changes, China and the Chinese people cannot truly be free. The whole premise that government exists to protect individual and private property rights does not exist in Asia or the east altogether. This is the sole differentiator that makes America and the Occident unique. Based on this factor and the right to own firearms alone, we could conclude that China is far less free than America.

FUTURE COURSE FOR CHINA AND U.S.?

Apart from this scathing review of the state of freedom in both America and China, the momentum of freedom certainly favors China. America is resorting to protectionism (sugar, furniture, lumber), restricting individual freedom (Patriot Act, "Carnivore", stop-loss act, BCRA), undermining rule of law (Jose Padilla, Martha Stewart, quieting juror's rights, undermining trial by jury in some cases with sentences less than 6 months), destroying property rights (eminent domain, RICO statutes, all taxes, marriage licenses, restricting allodial title) trending toward socialist collectivist institutions (government run schools, government run medicine, government run retirement, government regulated industry, graduated income tax, fiat currency etc. minimum wage, price controls in farming, rent controls etc.) increasing the debt of the country at exponential rates, and frankly, the U.S. Congress doesn't even read the bills that it passes into law.

China on the other hand is increasing private business ownership, and starting, albeit minutely, to embrace the three tenets of a free society: private property, individual rights, and rule of law. I will leave the details of China's new freedoms to the plethora of media you will read on this topic in the coming months and years as well as the Heritage Foundation's 2005 Index of Economic Freedom, surely a better analysis of economic freedom than I could ever compile.

CONCLUSION

China is not freer than America by any stretch. Economically it is getting freer, surely, but the philosophical fabric of China is not based on the three tenets of free society. This is solely seen in the Occident. Until China embraces this philosophy which is possible in the longer term when the younger generations take the helm of the country, grants ownership of firearms, and private ownership of land, it will fall below the U.S. in freedom. If America does follow this path it currently is on, China may overtake us. It will be a shame considering China has no idea of freedom and may find it, where we will have had it, and discarded it. What a tragedy.

The question whether China is freer than America shouldn't be asked for another 10 years. What would better be asked is, is Switzerland freer than the U.S.? Other countries to watch are Czechoslovakia and Somalia.

I’m sorry, but I just had to post a reply to this. I am, and always will be, an American. A gun owning, opinion speaking, republican(mainly) voting, big car driving American. I agree with the principle that there are some major differences between the rights of Chinese and Americans. However, I have to put you straight on a NUMBER of things you mentioned.

I do not claim to be an authoritative source of information regarding China, however, having lived and worked here for, going on 2 years, I have a better grasp of what truly goes on here than you might think. And, no, I am not living in Hong Kong, Taiwan, ShangHai or any other major city. I live in JinZhou, in the NE of China. I am one of only a few dozen foreigners in a population of 3 million people.

I constantly have to correct some of the misinterpretations and “folk tales” that are handed down to the Chinese people about America. But, more and more, I am finding myself having to do the same thing to Americans when it comes to China.

First:

Religion: There IS freedom of worship in China. The reason for the HUGE misunderstanding of most westerners comes from the BUSINESS side of churches. The Chinese government does not differentiate between businesses.

In America, no matter how much you may know about brain surgery, you cannot just crack open a persons skull without a license. The same goes for preaching and opening a church in China.

It is this last point where you find the large number of missionaries getting into trouble over. You can buy a bible in any bookstore you go into in China, I bought one myself. But, bring in a shipment of them with the intent on “spreading the word”, and you will find yourself in trouble if you don’t go through the BUSINESS process (i.e. getting the paperwork done).

As I said, with only a handful of foreigners in this town, the two largest churches are Christian. You will find Christian, Muslim, Buddhist, and several other churches in most every city you go.

Firearms: There IS private firearm ownership in China. Hunting is NOT illegal. I swear I don’t understand where people get this from. I am going hunting during my winter vacation.

Are people not free in New York City? The laws of China are pretty much the same as there. You can legally own a firearm in New York, it just isn’t the easiest thing to do, and it takes time and money.

All you have to do is take a look at any reputable international organization which keeps international statistics on firearms to understand that China has more private firearm ownership than America. Heck, it’s almost statistically impossible NOT to be true. Even if only 20% of the population of China owned firearms, it would still be more than if 100% of all Americans own firearms (which they don’t).

As I said, I am going hunting during my winter break. I will be using one of two firearms PRIVATELY owned by a family which is neither “party” affiliated, nor a member of the military/police. I also have several students with family members who, privately, own firearms.

A few westerners know these facts and have put them to use in quite lucrative outfitting businesses. They use the “There is no hunting in China” misunderstanding to justify charging you an arm and a leg for a hunting trip that would actually cost you little of nothing taking into account the cost of living/conversion rate.

As for the “…cops in Hong Kong..” bit, I’m still curious as to where that came from. I see cops here in this city with guns. But then again, cops in America are still really “part of the government”, and, if you are going to go that route… You have a standing army in China nearly half the size of Americas TOTAL population. Hell, if you reverse your logic, firearm ownership in China is RAMPANT.

Due Process: Look, the Chinese court system is not what you would see in a Richard Gere movie. Yes, punishment is swift, but even YOU stated they are “…taken from court…” I am not saying people go through the SAME process, but there is a process. At least it doesn’t take, on average, 12 years to execute someone who PLEADS GUILTY to murder.

And, even if there are 5,000 people put to death every year, don’t you think that’s a rather small percentage of the population? If China is running things like you make it sound, you would think that number would be 15 times that.

And, let’s not forget the one endearing thing about the Chinese legal system… most of the people put to death were convicted of GOVERNMENT CORRUPTION not being subversive towards the government. Just think, if that were the case in the states, we would not have had to deal with 8 years of Clinton.

Property Ownership: You are pretty much on the money with this one. But it is close to what you have in the states. People can buy an apartment/townhouse/condo in China, but the building owner leases it from the government. The same goes for most everything else, including farms.

What I find interesting about the difference is this… In China, other than being in someone’s HOME or place of business, you have a right to be on the property. In other words, no farmer is going to run me off of his field if I happen to walk across it (barring any destruction of his fields). If you want to go hiking in the mountains… no need to go find the property owner for permission, you just GO. =)

Peaceful Assembly: I could spend a lifetime explaining the single reason for the TianAnMen massacre (Losing Face), but let me just say this. I see people protesting all the time here. Not like what happened then, but during my first week here, a few hundred older people sat in, and blocked, the busiest street in the city. They were protesting in front of, the local “party” headquarters.

The reason TianAnMen happened was, simply, because it WAS on television. Saving face is the most important thing in Chinese culture. When you take in the fact that Deng XiaoPing was actually in the running for that years Nobel Peace Prize, the fact that Gorbechev(sp) was visiting, the fact that it was his “moment in the sun”… then you get an understanding of why it happened.

Think about it, why WAS the media in BeiJing at that time? It was NOT there covering the protest, it was there covering “Deng”. He lost face, he ordered the killings, he lost face again, he “retired”.

Had the media never been there, it would have just gone on and eventually ended without bloodshed.

Freedom of Speech: No argument there.

Conclusion: I’m not trying to ARGUE with you, just trying to educate. China is NOT freer than America. But, just as was said by a Soviet Communist prior to Russia’s “Democracy”… “Russia will always be a one party government. Even if you had two parties running, they would all vote for the same one.”

That is how things are in China. It is like Jefferson said:

“…all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed”.

I would choose America over China ANY day. Freedom is a fluid concept. What people give up in freedom in China, they gain in freedoms that American’s have already lost.

I can walk down any dark alleyway in this city, and often do, at any time of night, without worrying as I would if I were say in… Cleveland.
Children play anywhere and everywhere… without their parents worrying about them. It reminds me of when I was young. It’s not that my mother didn’t CARE; she just didn’t have to worry about Joe Blow pedophile.
People don’t fear the police that are there to protect them.

I could go on and on, but, suffice to say, propaganda is a tool used by all governments, including our own. What we all need to do is to find the truth. As I tell my students, "There is no Good or Bad, just differences." Chinese live in a totally different culture. To apply our logic to China is just as wrong as them applying their logic to America.

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