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Q: Can this guy from Changsha be charged with fraud?
He was in relationships with 17 women and the things they gave him were gifts.
Morally he's a plonker, but legally I don't think there's anything these women can actually pin on him. They were just gullible fools who learned a valuable lesson.
Do you agree?
How much discretion do judges have here in interpreting legislation? Could a female judged who'd be burned before by some ass put on the black hat?
As most who have lived here long enough will know, the law here doesn't really exist. The crime this man broke was disturbing social harmony. When enough people get annoyed at something. The person who caused the annoyance is screwed. The government must keep the social harmony at all costs. When people get annoyed they start to blame people, the CCP is terrified of the people shifting the blame on themselves so anyone who rocks the boat must be made an example of as quickly as possible. Remember the government official who was sacked for having an expensive watch? His crime, people got annoyed about it.
Robk:
Well, not exactly. They spotlight was put on him and his finances came under question. Not just because people were annoyed. It was just DAMN obvious that any official in China could not afford such watches on their salary alone.
This warranted an investigation (I am sure his enemies were licking their lips) and like 99% of all other officials, he was corrupt and sacked.
All officials are corrupt on some level, even the mayor of the city I lived in was sacked. Yet, the city ran fine without a mayor for months... nobody even noticed. Chinese politicians are about as useful and valuable as a thorn in the ass.
China is a screwed up place man. They can make you pay anythibg anytime. Last year a guy got suit because he nailed a chick and didnt marry her after. He had to pay 30,000!
Police always make rulings based on their own fucked up moral code rather than any law. Oh the farmer is wrong but.... hes poor and this guy is rich so fault is....umm lemme think. 70~30 in favour of the farmer!
laowaigentleman:
Haha, tell me about it! This is a story among many I've heard:
My girlfriend's hometown is in Hunan - as you already know.
Last month a video was sent to her weibo showing a huge mob of people in some kind of procession behind a white hearse. The hearse stopped in front of a travel agency and the mob starting shouting at the workers inside to come out. Then an argument broke out and people wound up getting trampled on.
We found out later that the hearse was on its way from a funeral to the burial ground with the body of a guy who went on a tour to Thailand. He was told by the group not to go out on his own at night, but he did so anyway, got really pissed, fell down and hit his head inside of a bus.
He was told not to go out and there's no way a company can possibly be liable for such a thing. How can a person calculate insurance premiums or any kind of provision for litigation in a society based on mob sentiment rather than legal precedents? Such stupidity just screws over the entire country. It's not just socially that the training wheels are stuck on in this place.
The hearse cynically diverted from its course to the graveyard because they knew that bringing along a train of grieving people would incite mob sympathy.
Without connections, you can be wiped out in a second here. But the police made the mob move along, so I guess the tourism firm had them.
Those tour companies are shit, but they were in the right on this.
I watched a documentary on cctv before about the problems with chinas judicial system, not enough judges aparantly, so they are in the habit of picking staff from the cleaning crew to become judges, im not joking.
itsameimamario:
i imagine thats exactly how it went down. These people were dedicated to their jobs, no doubt about it. This was in shanghai by the way, not some hum dink little arse hole. Prob suited the powers that be to put an uneducated farm girl into a position of power, easier to boss around that way.
As most who have lived here long enough will know, the law here doesn't really exist. The crime this man broke was disturbing social harmony. When enough people get annoyed at something. The person who caused the annoyance is screwed. The government must keep the social harmony at all costs. When people get annoyed they start to blame people, the CCP is terrified of the people shifting the blame on themselves so anyone who rocks the boat must be made an example of as quickly as possible. Remember the government official who was sacked for having an expensive watch? His crime, people got annoyed about it.
Robk:
Well, not exactly. They spotlight was put on him and his finances came under question. Not just because people were annoyed. It was just DAMN obvious that any official in China could not afford such watches on their salary alone.
This warranted an investigation (I am sure his enemies were licking their lips) and like 99% of all other officials, he was corrupt and sacked.
All officials are corrupt on some level, even the mayor of the city I lived in was sacked. Yet, the city ran fine without a mayor for months... nobody even noticed. Chinese politicians are about as useful and valuable as a thorn in the ass.
I remember this story, and a few western news sources covered it under their "weird news" bit.
It's an interesting question, because the OP says this... Quote " How much discretion do judges have here in interpreting legislation?"
There is another question on here tonight asking if China is developed or developing.
This is the answer.
The number one thing that is taken as a sign of a developed country is having a Judiciary independent of Government.
Sure, in western countries, it is the elected Government that makes the laws and set the guidelines for sentencing, but it is the Judges that hold everyone to account under these laws. Even the people who set the laws are subject to them.
There is discretion in sentencing, but no discretion when it comes to interperating the law. The law is the law. Sure,Judges can apply it within the wording, but they can't make it up as they go along.
That is supposed to be the difference between developed and developing.
Everyone should be equal in the eyes of the law.
Not the case here of course.
That's why China is developing, and not developed.
But this guy embarrassed China, so they will pin something on him.
And for the record, I think western Justice systems are swayed at times by political persuasion. Not all, but many.
