Failure to Follow the Constitution
Because of Mao and the Party's failure to follow the PRC Constitution, all aspects of rights were violated.
...In fact, there is a contradiction between the CCP’s leadership and implementation of the constitution. Implementation of the constitution means that the constitution would be the supreme authority and the CCP should be subject to the constitution. On the other hand, the CCP does not want to give up its control of the power. And that is the fundamental contradiction in Chinese political and legal system which up to now has not been resolved...if China really wants to have the rule of law and constitutionalism, the CCP must abide by the constitution and it is the responsibility of the CCP and the leader of the Chinese people to take lead in observing the constitution."
-Xingzhong Yu, Student Email Interview
The Constitution protects the Chinese people's basic rights. Mao's irresponsible decision to disregard it made the Chinese people completely vulnerable to deprivation of rights.
The "Four Great Freedoms" promised, (but not followed) during the Cultural Revolution were:_
1.) “speak freely
2.) air your views freely
3.) write big character posters freely
4.) and to engage in big debates"
The Party officially states that it is subordinate to the constitution and the law, but its actual practice does not reflect that. China
already has various laws in place about human rights [currently created]...The problem is that when the Party feels it is necessary to override those laws, it can easily do so...[The problem in China] is in having a system where existing laws impose meaningful constraints on authority.
-Donald Clarke, Student Email Interview