China Focus: When tradition meets the law

Source: Xinhua| 2018-01-03 17:12:30|Editor: Xiang Bo
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SHIJIAZHUANG, Jan. 3 (Xinhua) -- It had been Yang Fengshen's job to play with fire. He played with it for 20 years, made a living and was respected for it. But now his craft is illegal, and old Yang carries the burden of a court sentence.

Yang, 79, had been the main organizer of an "ancient fireworks show" at Zhaoxian County in north China's Hebei province until he was arrested and charged with the crime of illegally making explosives in 2017.

In April last year, he was sentenced to four years and six months in prison by the county people's court. He appealed to the Shijiazhuang City Intermediate People's Court. On Dec. 29, Yang was convicted of the crime, but was exempted from criminal punishment, according to the court ruling.

"I'm not happy with the verdict, but I won't appeal," he said, citing health reasons.

Zhaoxian County is also home to Zhaozhou bridge, a 1,400-year-old ancient stone arch bridge under state protection. Yang said the Wudao Fireworks Show tradition dates back 2,000 years, even older than the revered bridge. In Yang's village, the tradition has been carried on to this day.

In 2011, the fireworks show was listed as a provincial-level intangible cultural heritage, and Yang later received government funding to put on the show.

"The Zhaoxian Wudao Fireworks show always ends in euphoria. It is a day when people celebrate the good harvest of the past year and pray for an auspicious new year," according to a description on a government website.

Only Yang Fengshen knows the key ingredients to the "pear flower bottle," a cylinder-shaped hand-held firework.

Yang said even his son does not know how to make the firework. He had an apprentice who studied with him for a year, but the man quit before mastering the skills.

"For the last 20 years, I have been making pear flower bottles. Every year I make about 200. No one ever said it was illegal," Yang said.

Yang was detained by police on Feb. 19, 2016 while preparing for the Lantern Festival, when the fireworks show is usually held from daybreak to sundown. He was later released on bail for health reasons.

"Now that the verdict is out, and making fireworks is illegal, I cannot make them any more," Yang said.

China has over 1,300 national-level cultural heritage traditions, including Peking opera, and each province also has its own cultural heritage items.

However, millennia-old traditions often come into conflict with modern law. In 2016, four monkey opera artists were given prison terms for illegally transporting wild animals in central China's Henan province.

"It is hard to escape the conflict between tradition and the law in this case," said Yang's lawyer, Yang Yu.

"Government authorities should provide better service so that such traditions and folk culture can be carried on without violating the law," he said.

Dr. Cai Fei, from Southwest University of Political Science and Law, said in this case, the trial judge was almost mechanically enforcing the law, but should have shown better legal wisdom.

Cai said there are ways to solve the dilemma. In Taishun County in Zhejiang province, there is a type of puppet show that also involves the use of fireworks.

"Those who carry on the tradition are banned from hoarding black powder at their homes. Every time they need it, they apply to the heritage center and register with the police before buying fireworks for the show. Cultural heritage can only thrive in the arms of the law," said Cai.

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