Mei Banfa

Its unfortunate that most Americans don't realize how lucky they are to be living in a nation guided by a constitution rooted in the principles of liberty and justice and a government and legal system sworn to uphold them. Living in Red China is a very different experience.

"Justice" in particular is a concept that never troubled me much growing up. You did something illegal, you were found guilty by a court, and punished under the full extent of the law. My parents friends were lawyers and judges, my college buddies were studying to be lawyers, I read To Kill A Mockingbird, I've watched Ally McBeal and Liar Liar, and I've been in court a few times (for itty bitty misdemeanors & speeding tickets). The process is all to familiar to us. The rule of law, or fazhi, seems as natural as going to school. The American legal system is a huge part of American culture - even my Irish friend (more of a bar acquaintance) admits that he knows when to plea the fifth or the need to prove "beyond reasonable doubt."

In the US, the "law" encompasses all and is above everyone including the leaders. In China, the law is a piece of paper filed somewhere in a large state building. Do they apply to everyone? No. Are ambiguous violations like revealing state secrets (talking to foreigners), fostering social instability (talking about human rights) or threatening national security(talking about Taiwan) used to punish and imprison people every day? Yes . Do unbiased judges interpret laws and deliver sentences or Communist Party members with little experience on the bench? I think you know. My point is that the law is still developing and as long as the Communist Party has strict central authority over the country and its citizens, an independent legal system will never fully emerge.

I love to live in Beijing, don't get me wrong, but it takes discipline and some mental reformatting to move from a place where I know my rights to a society where I don't, and no matter how hard I try, I will never feel completely safe here. Although the days of imprisoning foreigners without trial are beginning to disappear, I think one will be surprised to learn the real statistics concerning the number of laowai, a common but derogatory term for foreigners, that are currently in Chinese prisons. Perhaps just a rumor, but a friend of mine told me about this Russian classmate of his who was accidentally strangled by her Kazak boyfriend during intercourse. After no confessions were made (to the police) and a visit from the girl's rich father, the police quickly arrested a Nigerian man, and executed him the following week. Beijing police don't like open ended investigations - I think it illuminates their incompetency.

Of course, this sort of punishment system or renzhi, rule of the people, can have its upside as well. The following two stories is about my friend "I" and how the police don't follow the procedures laid out by the law, but rather act on personality and mood.

About two years ago, I was at a bar in Wudaokou called Lush, a very trendy college hangout. I was with a couple of American friends and our girlfriends. One of my study abroad mates, we'll call him Jack, had just come back from his apartment adjacent to the bar with a footprint on his back. This hot tempered Texan explained how a baoan, a security guard, in his own complex kicked him for climbing over the nearest gate that closes at 11 pm. Before I knew it, we were walking back to the apartment complex preparing to relinquish vengeance on some punk high school baoan (I promise that I have matured since then). With Jack a few steps in front of me and this other guy, I was witness to the first strike made upon the security boys face. From that moment things escalated quickly - a dozen or so baoan joined in the skirmish, old men were throwing chairs that I caught in midair and then used to swat people away, Jack had two or three pinned to ground, my other friend had three in a headlock (it was if we were each Leo from the matrix fighting off the agents with ease). A point came, however, that it was 3 on 20 or so and that we knew we had to get the hell out of there. We ran to Jack's apartment, but since we had given all our keys and wallets to our girlfriends out of harms way, we were trapped. But after suffering a few hits from a large pole the baoan had just collected, we had no choice but to break the door down, run up 18 flights of stairs, wait for the girls to come and unlock the door, and then call the police.

The jingcha, or police, did not know what to do with us. We immediately went to the station in their paddy wagon to resolve the issue. When the opposing members arrived all battered up with bloody noses and a few needing support to walk straight, we knew it was going to be a long night. We weren't processed, no identification was given, there was no jail cell waiting for anybody. Just a few cops drinking red bull and smoking cigarettes waiting around for the translator to arrive. We talked, received threats, they told Jack he would go to jail if anybody had a broken nose (considered a very high offense in China), and did this for about 6 hours. When the cops got tired, they said someone had to pay for the door, after another hour of negotiating the price split, we paid and were let go. During the following months Jack became good friends with his baoan.

In the US, any violent attack or disturbance of that scale would result in mugshots and fingerprinting followed by a court date. It was an incredibly stupid decision on my part to get involved but I really believed that I learned a lot about China that night. The police don't have to disturb the harmony of society with arrests and court dates as long as they deliver their own form of punishment - a mixture of fear, anxiety and inconvenience. It feels almost like vigilante justice given by those who are authorized to uphold the law if they so please. But sometimes, the law is so vague that upholding it can be interpreted differently by each individual cop.

My second story which took place last year is about how I got busted for working illegally. Although the majority of teachers/tutors in Beijing do not have the correct visa to legally accept money (mainly because they are mostly students studying Chinese), the police tend to turn a blind eye (I once taught a policewoman's son for instance). But to my misfortune, one of the tutoring agencies was raided (clearly the boss didn't pay attention to who he should be paying off) and my name, passport number, and phone number were given. A day later I found myself in the basement of the Public Security Bureau being questioned and reprimanded. A week later, in the same basement, I was told they wanted to cancel my visa (in exchange for a 10 day tourist visa) and pay them 2000 kuai ($250). I was confused and demanded to see the law in writing and how they came upon this arbitrary fine - they refused. I foolishly said that I wanted to talk to my lawyer first (it works in American movies). At that point, their faces became red as they shouted "If I see you on your mobile, I promise that I will black list you from China." As my heart pounded against my chest at a thousand mile per hour, I slowly swallowed by pride, signed whatever they wanted me to and left knowing that it was going to be an expensive week. The police blackmailed me, I had do legal recourse to defend myself, I was powerless. Mei Banfa! (what are ya gonna do)! So I went on early vacation to Macau.

For most of my life in the States I was unconcerned with improving my rights, the law, the process - it all seemed natural and mei banfa. But as I continue to live in China, I realize how much change had to have taken place since the founding fathers up to the 60's and the progressive reforms that give the security and assurances citizens need to live freely. By no means is America perfect in this regard, and by no means should we stop fighting for what is right, what is progressive, what is forward thinking - but unfortunately I didn't feel passionate about such issues until recently, falling into that old-age cliche - you don't know what you've been given until you don't have it anymore.