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Q: Do foreigners in China have any legal rights whatsoever?
Read about a foreigner in Nanjing who got locked up for a year for "assaulting" intruders in his own home. That's so ridiculous. So foreigners can't defend themselves when attacked by people who barge in and threaten you and your family? What a disheartening story!
11 years 3 weeks ago in Visa & Legalities - China
Actually, it is not a matter of being foreigner here. In China, the "Castle Doctrine" is non-existent. Basically, if you find that someone is in your home robbing it, you cannot attack him/her. If you are sleeping, then you need to pretend you are still sleeping and let them take your stuff and THEN call the police.
If you are out and lucky enough to see them from outside, then you can call the police. If you attack them, you will be held accountable.
This was explained to me in great detail a few years ago by the police. My home had been burglarized. I offhandedly mentioned to the detective "thats why I have this (baseball) bat. If they come back I will whack them."
He told me that if I did that, I would be sent to prison and explained what I mentioned above. He also took away my bat.
coffaholic:
Actually that's not entirely true. I actually know a guy who killed a robber who entered his home one night. He wasn't charge for the crime because it was deemed as self defense. So it's not all so black and white in China.
GuilinRaf:
Then he must have had some very good "guanxi" to get away with it.
crimochina:
but this case was different. 4 guys barge in going after your wife. i know it makes sense to chinese men to wait and see what they do with her first. and then wait until they finish and leave and then walk to the police station to report that "your property was vandalized" but .. i don't know . this story really pisses me off.
I was once told about the 'legal system' in China and while I have absolutely no way of verifying any of this it 'kind of' makes sense.
1. There are laws in China to cover absolutely everything you can and will do and many things you have never even dreamt of.
2. These laws are never widely publicised.
3. These laws are written and put 'on the books' but enforced 'selectively' as seen fit by the police. Grounds for selection of these laws is often corruption or pure laziness.
4. The theory of having all these laws is that no matter what you are doing, the Police, if they want to can always detain you as you are almost always breaking at least one of these laws.
Well how the heck could you control 1.4 billion people who STAND UP FOR THEMSELVES?
Hugh.G.Rection:
Controlling masses of unarmed civilians is very easy, so long as you have a strong military without too many morals, and the PLA have in the not too distant past proven they have that angle well covered.
The governments that fell in the Arab Spring uprisings failed because they were 'too soft'. Not that I approve of massacres but they ARE effective.
