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China authority vs China law

By Cyrus, on August 8th, 2010
Number of View: 2148

China authority vs China law

Many people always questioning is authority (权) greater than law (法) or law greater than authority in China? I would say depends on different scenario and the people you encounter but is all about “gray” area and “connection”.

Authority usually refers to government authority whereby in certain scenario require the help from government officer’s assistance through “bribery” in attacking China law using gray area to solve your problem. Example, many factory workers will not have enough overtime hours to use according to China labor law limitation on 36hours per month. Hence labor authority will blind one eye in enforcing the law because no extra overtime workers will not get high salary resulting high manpower turnover, but on condition must follow labor law overtime calculation in paying workers’ wages. During China Olympic and current Shanghai Expo we all know that alot of construction were delayed hence China Central government (中央政府) order all construction must meet on time regardless on workers’ overtime exceeding labor law limitation. So authority in this 2 cases overwrite all laws.

Law means China legislation, but in some cases law could prevent authority bully and oppress the weak ones. Example a car accident injured a pedestrian crossing a zebra crossing resulting lifetime handicapped. The driver take advantage in authority through “connection” from government or triad force helping himself saving compensation and escaping from legal sanctions. Witness and traffic surveillance camera in this accident could help the injured pedestrian place the driver into justice as long as there is proof. In China factory, if your “factory-rules-and-regulations” is enforced and stamped by China labor authority without any loopholes expose for workers’ attack or they use “dirty-tricks”, do you think workers could use triad authority force threatening your factory in “rising-wages”? You could easily terminate them without compensation and protected by China labor law because workers’ strike will give them more troubles, got it!

So what if you hold both authority and law in hand? This usually happens in government sector, why? In favor to your high ranking in government sector hence greater authority to tackle the law in gray area through corruption in conspiracy with businessman in getting approval. Typical example is approval in environmental permit, details could refer to “china-government-officer-factory-visit-5″ .


 

Copyright protected by Digiprove © 2010 Cyrus Chang

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15 comments to China authority vs China law

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    May 25, 2011 at 6:01 am

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    May 26, 2011 at 11:24 pm

    Grande borne! Agradecimentos para tomar o momento de escrever algo que é realmente leitura do valor. Demasiado frequentemente eu encontro a informação inútil e não a algo que é realmente relevante. Agradecimentos para seu trabalho duro.

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    May 28, 2011 at 4:31 pm

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    May 28, 2011 at 11:42 pm

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  • Dorian Stirman
    May 29, 2011 at 8:57 am

    Grande borne! Agradecimentos para tomar o momento de escrever algo que é realmente leitura do valor. Demasiado frequentemente eu encontro a informação inútil e não a algo que é realmente relevante. Agradecimentos para seu trabalho duro.

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    May 29, 2011 at 9:56 am

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    May 29, 2011 at 2:14 pm

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