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The Beijing municipal authorities promised on Wednesday that personal conduct not forbidden by the law would no longer be subject to administrative interference.
That sounds rather self-evident.
But did you notice the sensational Beijing Morning Post headline?
"No more harassment for couples watching porn videos at home," it read.
Producing or disseminating pornographic materials, namely non-medical, non-artistic works containing graphic portrayals of human sexuality, except those distributed by family planning departments for teaching purposes, is a criminal offence punishable by sentences of more than 10 years behind the bars, according to the Chinese criminal code.
However, no where does it say that citizens cannot own or watch adult movies in their private homes.
One oft-quoted article of the 1985 Rules on Public Security Control only authorized police to admonish those watching pornography in public places. The regulation itself was declared invalid in 2001.
Theoretically, one should have no trouble watching privately-owned adult movies at home.
However, that it became an issue and hit the headlines shows the reverse.
The incident was ignited by the misfortunes of a poor couple in Yan'an, Northwest China's Shaanxi Province.
Local police raided their temporary home while the two were watching an adult movie, confiscated the video disc player, and detained the husband.
The story caused a stir, arousing nationwide discourse over civil rights guarantees.
The case was sealed after local police authorities released the man, returned his belongings, apologized, extended compensation to him and disciplined the wrong-doers.
The outcome may have been quite different, however, if it were not for the extensive media involvement and the subsequent public scrutiny.
Had the couple chosen to swallow the injustice for fear of "losing face" or police retaliation, the police might never have bothered to question the legitimacy of their conduct.
No statistics are available about the number of people who have been unfairly harassed or even punished under similar condition.
The easy association between pornography and indecency, and thus moral degeneration in the Chinese context, is a tough psychological hurdle, which keeps victims from speaking out and is further complicated by a lack of awareness of individual civil rights.
In this country, the popular logic planted deep in the public psyche is that State power is just and right, and police officers implement the will of the State -- they act in an official capacity.
However, no administrative decrees can claim authority above national laws. The latter's overriding authority is derived from their nature as the legal expression of the will of the State.
As no law prohibits the owning or private screening of adult video products, individual citizens have the right to participate in such behavior at their own discretion. Police intervention constitutes infringement.
Further, there are laws to help ordinary Chinese citizens seek redress or compensation when their legal rights and interests are hurt by State functionaries.
Still, challenging State organs or functionaries, especially those with coercive powers, remains a costly last choice for many.
Beijing's idea to make law the ultimate compass for law enforcement is worth praising as it targets the root of the problem. That is the balance between State power and civil rights.
The State organs' coercive potential means that the rights of individual citizens are always fragile -- a truth in every country. As a result, limiting State power remains a universal prerequisite to the protection of civil rights.
Beijing officials outlined a change crucial for the realization of rule of law.
They said the core concern of local law enforcement would shift from safeguarding State power to guaranteeing civil rights.
The municipal authorities will not tolerate administrative acts without a basis in law.
That is a significant step forward in the philosophy of public administration.
Only when government offices and their staff observe the legal boundaries of their powers can common citizens enjoy their legitimate rights to the full.
Let Beijing not be alone.
(China Daily March 17, 2003)
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