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a crime of unspoken criticism

English translation: a crime of thought or intention without an overt act


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:a crime of unspoken criticism
English translation:a crime of thought or intention without an overt act
Entered by: Stephanie Ezrol
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07:42 Mar 24, 2011
English to English translations [PRO]
Government / Politics
English term or phrase: a crime of unspoken criticism
this expression is included in a chinese press release about the situation of human rights in China
vignal
a crime of thought or intention without an overt act
Explanation:
I found a reference to the ancient crime of unspoken criticism which I think makes this very clear, and it may be related to the questioner's text.

Modern law demands an open act, and will accept "spoken" proof of a plan to commit a crime. The idea of a crime of "unspoken criticism," is the older model where the state can arrest and imprison person whom the state claims is a threat -- even if the state has neither an act or a verbal/written proof of a criminal intention.

HERE IS THE EXAMPLE OF THIS PHRASE IN A MODERN CHINESE INCIDENT:

"Jiang (Chinese government official/se) went on to say: “The real problem is that there are people who want to see the world in chaos, and they want to make trouble in China. For people with these kinds of motives, I think no law can protect them.”

The “shield” comment – which raises serious concerns about the official view of the rule of law in China – has ignited a firestorm of reactions among Chinese netizens.

In his video commentary, Human Rights in China (HRIC) Special Contributing Editor Hu Ping (胡平) says: “This statement is shocking. We know that Marx himself once said: In terms of law, I don’t exist outside of my conduct. The law governs only my conduct. Any law that punishes my thoughts, regardless of my conduct, is an insult to man, and is a dangerous trap. … So, Jiang Yu’s statement in fact represents a regression to the ancient ‘crime of unspoken criticism.’ In fact, what she said is a fundamental repudiation of all the laws currently enforced in China.” "

http://www.hrichina.org/public/contents/press?print=t&revisi...


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Note added at 5 hrs (2011-03-24 12:55:38 GMT)
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Let me clarify my answer about the question of the overt act. In the case above, the Chinese official is saying that people (in this case journalists) violated a law about registering to be in a particular place at a particular time that some type of gathering was taking place. However the official is saying that their real crime was wanting to make trouble in China and thus strongly implying that the state would arrest/punish them for that not for the simple violation of a simple regulation.
Selected response from:

Stephanie Ezrol
United States
Local time: 21:06
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5a crime of thought or intention without an overt act
Stephanie Ezrol
3People should speak up about human rights
Ditte Duclert


Discussion entries: 3





  

Answers


21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
People should speak up about human rights


Explanation:
To me it sounds like this article suggests that people should speak up about human rights, and that it is a crime to keep quiet about this subject.

Ditte Duclert
Local time: 03:06
Native speaker of: Native in DanishDanish
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
a crime of thought or intention without an overt act


Explanation:
I found a reference to the ancient crime of unspoken criticism which I think makes this very clear, and it may be related to the questioner's text.

Modern law demands an open act, and will accept "spoken" proof of a plan to commit a crime. The idea of a crime of "unspoken criticism," is the older model where the state can arrest and imprison person whom the state claims is a threat -- even if the state has neither an act or a verbal/written proof of a criminal intention.

HERE IS THE EXAMPLE OF THIS PHRASE IN A MODERN CHINESE INCIDENT:

"Jiang (Chinese government official/se) went on to say: “The real problem is that there are people who want to see the world in chaos, and they want to make trouble in China. For people with these kinds of motives, I think no law can protect them.”

The “shield” comment – which raises serious concerns about the official view of the rule of law in China – has ignited a firestorm of reactions among Chinese netizens.

In his video commentary, Human Rights in China (HRIC) Special Contributing Editor Hu Ping (胡平) says: “This statement is shocking. We know that Marx himself once said: In terms of law, I don’t exist outside of my conduct. The law governs only my conduct. Any law that punishes my thoughts, regardless of my conduct, is an insult to man, and is a dangerous trap. … So, Jiang Yu’s statement in fact represents a regression to the ancient ‘crime of unspoken criticism.’ In fact, what she said is a fundamental repudiation of all the laws currently enforced in China.” "

http://www.hrichina.org/public/contents/press?print=t&revisi...


--------------------------------------------------
Note added at 5 hrs (2011-03-24 12:55:38 GMT)
--------------------------------------------------

Let me clarify my answer about the question of the overt act. In the case above, the Chinese official is saying that people (in this case journalists) violated a law about registering to be in a particular place at a particular time that some type of gathering was taking place. However the official is saying that their real crime was wanting to make trouble in China and thus strongly implying that the state would arrest/punish them for that not for the simple violation of a simple regulation.

Stephanie Ezrol
United States
Local time: 21:06
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  MedTrans&More: i like that, it makes sense under that sort of regime.
27 mins
  -> Thank you.

agree  Tina Vonhof: Very nice research.
4 hrs
  -> Thank you.

agree  Sangro: Nice explanation - shocking indeed.
5 hrs
  -> Thank you.

agree  Thuy-PTT
17 hrs
  -> Thanks !

agree  Phong Le
1 day20 hrs
  -> Thanks !
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Changes made by editors
Apr 7, 2011 - Changes made by Stephanie Ezrol:
Created KOG entryKudoZ term => KOG term


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