What started out as an attempt to curb libelous vitriol on the internet quickly became a powerful means of the Chinese criminal justice system for controlling social media news and is now a core feature of the Chinese Counterterrorism Law of Articles 19, 90 and, since its ninth amendment in , of the Chinese Criminal Law Article b. Essentially, these cases are building on a. The criminal law until would warrant a fixed term of imprisonment of up to five years for such conduct, hence the three model cases saw sentences between fifteen months and four years, depending mainly on the seriousness of the disruption of social order and on the underlying motive for disseminating the false information.
The four-years-sentenced, e. Since the tightening of the Criminal Law in , disseminating false information became a stand-alone provision whit a varying sentencing standard for false terrorist information up to five years imprisonment and at least five years if the disruption of the social order had serious consequences and other false information about sensitive issues like health hazards or natural catastrophes up to three years and between three and seven years, respectively.
Before this amendment, HU Bo eventually found himself sentenced to six months imprisonment. The court argued that his tweet had incited ethnic hatred and discrimination, which was considered his form of severely disrupting the social order, even though his lawyer asserted that his client did not even hint at the ethnicity of the rioters in Yarkand.
His sentence was already a mitigated punishment as he was a first time offender, showed real remorse and even followed the social convention of voluntarily surrendering after his crime. Unlike issues as arbitrary detentions of persons who exhibit a conduct that falls within the broad definition of terrorist or extremist behavior in China or the excessive use of the death penalty for a wide array of terrorist activities, freedom of speech is less directly associated with immediate terrorist threats.
However, China has no constitutional court and no efficacious constitutional review mechanism. HU Bo was therefore not in the position to seek judicial redress from a constitutional violation.
Even though his right to the freedom of speech may be impaired, he has no legal recourse for constitutional matters in China. This is at least what a Vice-President of the court in heralded as the dawn of a new era for constitutional jurisprudence in China, after his chamber had directly applied the constitution in a rather simple tort case of identity theft. It was however reported that internal regulations banned the Chinese judiciary from following this example and prohibited a direct application of the constitution even before this case was officially repealed in Nevertheless, Chinese courts are still using the constitution and are e.
Following the reasoning that the constitution is granting the right to work without any time limits, Chinese courts frequently ordered the insurance companies to pay such compensations.http://business.dom1.kh.ua/wp-content/2019-07-27/xocyt-wwf-dating.php
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The constitutional right to the freedom of speech is also used in Chinese courts. For example, a court in Hubei decided that a company could not fire one of its employees just because she made public derogatory statements about said company. They are not necessarily in the business of judicial checks and balances, even though the revamped Administrative Procedure Law may be considered a modest impetus for such a development. The Chinese citizenry is however frequently less timid and obedient when it comes to confronting the government and administrative penalties for actions that are closely linked with the freedom of speech are frequently challenged in court.
Nevertheless, administrative detention, pronounced by the police, for inciting or staging protest against state organs or the traditional form of remonstration, that is petitioning the administration after enduring injustice by a state organ, if it is exercised on Tiananmen-Square or close to the adjacent government quarters of Zhongnanhai, are generally upheld by Chinese courts. Wittfogel's belief in the Soviet Union was destroyed with the Molotov—Ribbentrop Pact , and he began to hate the totalitarian, "asiatic" nature of Soviet and Chinese Communism from Lenin to Mao. He turned against his former comrades and denounced some of them, as well as American scholars such as Owen Lattimore and Moses I.
Finley , at the McCarran Committee hearings in He came to believe that the state-owned economies of the Soviet bloc inevitably led to despotic governments even more oppressive than those of "traditional Asia" and that those regimes were the greatest threat to the future of all mankind.
In Wittfogel married Rose Schlesinger. Wittfogel's second wife was the sociologist Olga Joffe Lang , a Russian sociologist who traveled with him to China and collaborated with him on a project to analyze the Chinese family. Lang later published a monograph on the Chinese family and a biography of the anarchist writer, Ba Jin.
He died of pneumonia on May 25, at St. Luke's-Roosevelt Hospital Center in Manhattan. Starting from a Marxist analysis of the ideas of Max Weber on China and India's "hydraulic-bureaucratic official-state" and building on Marx's sceptical view of the Asiatic Mode of Production , Wittfogel came up with an analysis of Oriental despotism which emphasized the role of irrigation works, the bureaucratic structures needed to maintain them and the impact that these had on society, coining the term " hydraulic empire " to describe the system.
Karl August Wittfogel - Wikipedia
In his view, many societies, mainly in Asia, relied heavily on the building of large-scale irrigation works. To do this, the state had to organize forced labor from the population at large. As only a centralized administration could organize the building and maintenance of large-scale systems of irrigation, the need for such systems made bureaucratic despotism inevitable in so-called Oriental lands. This structure was uniquely placed to also crush civil society and any other force capable of mobilizing against the state.
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Such a state would inevitably be despotic, powerful, stable and wealthy. Wittfogel believed this hydraulic hypothesis applied to Russia under the Soviet Union. The sinologist Frederick W. Mote , however, strongly disagreed with Wittfogel's analysis,  , as well as John K.
Then East German dissident Rudolf Bahro later said that his Alternative in Eastern Europe was based on ideas of Wittfogel, but because of the latter's later anti-communism, Wittfogel could not be mentioned by name. Bahro's later ecological ideas, recounted in From Red to Green and elsewhere were likewise inspired by Wittfogel's geographical determinism. The Hydraulic Society thesis was also taken up by ecological anthropologists such as Marvin Harris. Further applications of the thesis included that to Mayan society, when aerial photographs revealed the network of canals in the Mayan areas of Yucatan.
Critics have denied that Ceylon or Bali are truly hydraulic in the Wittfogel sense. From Wikipedia, the free encyclopedia. Karl August Wittfogel.
Ulrich Menzel's excellent online presentation in the Personenlexikon Internationale Beziehungen virtuell. Later Wittfogel wrote under the pseudonym "Jungmann" am account of youth movements in Max Horkheimer 's compilation "Studies in Authority and the Family. After expelling a strong radical group in the autumn of , the KPD was basically a sect, until a majority of USPD delegates decided to join it at their party convention in October A third of USPD members ca.
Buckmiller says not only because W. Hedda Korsch , who was active in the school reform movement.
Rose Wittfogel, born Schlesinger, also took part. They were married from other sources say to She was a sculptor, later a librarian at the Frankfurt Institute. She emigrated to the Soviet Union and worked there among other things? For Rose Schlesinger p.