Stern Hu: Limits of the evolution

Coming back to Australia I see how big the Stern Hu corruption charge is, and while no new information is presented here, I will chip in my three cents on China’s Law, Australian identity and the interaction between these two.

Chinese leadership subscribes to the rule by law, rather than the rule of law. The concept of individual rights versus the state is not well established and the basis of western law, that justice be done and be seen to be done is also a principle that has not yet penetrated China. Hence not allowing Australian representatives sit in on hearing as guaranteed under the Consular agreement of 1999.

More than this, China does not distinguish between the state and market in quite the same clear cut (if somewhat artificial manner) of the West. While at the same time, there exists an underlying fear that outsiders, and their even more contemptible Chinese proxies like Hu, will steal Chinese wealth. The first expression of these feelings in modern China might be traced back to the “Three Anti” and “Five Anti” movements of the early 1950s, which targeted westerns and made a ‘sin’ out of “stealing state economic information”.

These ‘old’ ideas seem to have survived in Chinese law. I suspect that the reason for this is the evolutionary nature of change, which allows atavistic traits to survive by dint off their highly infrequent lack of expression – a fact brought on by lack of challenges. For an evolutionary approach to improving Chinese law to work more and more intense interaction with the outside world is necessary – and this is coming. But at the same time, the Chinese side must be willing to let die those laws which do not pass the justice test. Without justice being done, and being seen to be done, it will hard for China and Australia to build a trusting relationship, a relationship pretty valuable to both sides and for the region more widely.