Under China laws, not all lives are equal, dad learns
Jim Yardley New York Times Apr. 17, 2006 12:00 AM
GUOJIATUO, China - He Qingzhi's teenage daughter, Yuan, and her two friends lived on the same street near the Yangtze River, attended the same middle school and were crushed to death in the same traffic accident late last year. After that, the symmetry ended: Under Chinese law, Yuan's life was worth less than the others.
He, 38, who has lived in this small town in central China for 15 years, was told that his neighbors were entitled to roughly three times more compensation from the accident than he is because they are registered urban residents, while he is a migrant worker.
"I was shocked," he said as he sorted through legal papers in his apartment recently while his wife sobbed. "The girls are about the same age. They all went to the same school. Why is our life so cheap?"
He and his lawyer are considering a lawsuit, saying that the decision was discriminatory and that the family is entitled to full compensation under the Chinese Constitution. The problem with that argument is the Chinese Constitution. While more ordinary Chinese citizens such as He are claiming legal rights and often citing the constitution, it is actually a flimsy tool for protecting individual rights.
The problem is not that the document lacks lofty ideals or is considered unimportant. But for ordinary citizens, the constitution is largely inaccessible. Even as it describes a broad range of rights, the Chinese legal system essentially does not allow people like He to use it to challenge laws or policies they believe infringe upon those rights.
Even so, some legal reformers in China believe that advancing the notion of constitutional law is critical in establishing the rule of law. So, increasingly, reformers are pushing such ideas as creating an assertive constitutional court to rule on constitutional issues. Liberal reformers believe that expanding the reach of the constitution could ultimately provide a greater check on the Communist Party.
"There is a movement to make the constitution mean something," said Stanley Lubman, a lecturer at the University of California-Berkeley and an expert on Chinese law. But for now, Lubman said, "the Chinese Constitution is an aspirational document."