Deinstitutionalization of the Hukou System and Social Change in China
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28. Rights Defense and New Citizen's Movement
JOBNAME: EE10 Biddulph PAGE: 1 SESS: 3 OUTPUT: Fri May 10 14:09:18 2019 28. Rights defense and new citizen’s movement Teng Biao 28.1 THE RISE OF THE RIGHTS DEFENSE MOVEMENT The ‘Rights Defense Movement’ (weiquan yundong) emerged in the early 2000s as a new focus of the Chinese democracy movement, succeeding the Xidan Democracy Wall movement of the late 1970s and the Tiananmen Democracy movement of 1989. It is a social movement ‘involving all social strata throughout the country and covering every aspect of human rights’ (Feng Chongyi 2009, p. 151), one in which Chinese citizens assert their constitutional and legal rights through lawful means and within the legal framework of the country. As Benney (2013, p. 12) notes, the term ‘weiquan’is used by different people to refer to different things in different contexts. Although Chinese rights defense lawyers have played a key role in defining and providing leadership to this emerging weiquan movement (Carnes 2006; Pils 2016), numerous non-lawyer activists and organizations are also involved in it. The discourse and activities of ‘rights defense’ (weiquan) originated in the 1990s, when some citizens began using the law to defend consumer rights. The 1990s also saw the early development of rural anti-tax movements, labor rights campaigns, women’s rights campaigns and an environmental movement. However, in a narrow sense as well as from a historical perspective, the term weiquan movement only refers to the rights campaigns that emerged after the Sun Zhigang incident in 2003 (Zhu Han 2016, pp. 55, 60). The Sun Zhigang incident not only marks the beginning of the rights defense movement; it also can be seen as one of its few successes. -
Resolving Constitutional Disputes in Contemporary China
Resolving Constitutional Disputes in Contemporary China Keith Hand* Beginning in 1999, a series of events generated speculation that the Chinese Party-state might be prepared to breathe new life into the country’s long dormant constitution. In recent years, as the Party-state has strictly limited constitutional adjudication and moved aggressively to contain some citizen constitutional activism, this early speculation has turned to pessimism about China’s constitutional trajectory. Such pessimism obscures recognition of alternative or hybrid pathways for resolving constitutional disputes in China. Despite recent developments, Chinese citizens have continued to constitutionalize a broad range of political-legal disputes and advance constitutional arguments in a variety of forums. This article argues that by shifting focus from the individual legal to the collective political dimension of constitutional law, a dimension dominant in China’s transitional one-party state, we can better understand the significance of the constitution in China and identify patterns of bargaining, consultation, and mediation across a range of both intrastate and citizen-state constitutional disputes. Administrative reconciliation and “grand mediation,” dispute resolution models at the core of recent political-legal shifts in China, emphasize such consultative practices. This zone of convergence reveals a potential transitional path * Associate Professor of Law, University of California, Hastings College of the Law. Former Beijing Director and Senior Fellow, The China Law Center, Yale Law School (2005–2008) and Senior Counsel, U.S. Congressional-Executive Commission on China (2002–2005). The author thanks Donald Clarke, Michael Dowdle, Bruce Hand, Nicholas Howson, Hilary Josephs, Chimène Keitner, Tom Kellogg, Evan Lee, Benjamin Liebman, Lin Xifen, Carl Minzner, Randall Peerenboom, Zhang Qianfan, colleagues at the UC Hastings Junior Faculty Workshop, and members of the Chinalaw List for their thoughtful comments and feedback on drafts of the article. -
Citizens Engage the Constitution: the Sun Zhigang Incident and Constitutional Review Proposals in the People's Republic Of
CHAPTER THIRTEEN Citizens Engage the Constitution: The Sun Zhigang Incident and Constitutional Review Proposals in the People’s Republic of China Keith J. Hand I. Introduction Shortly after assuming leadership of the Chinese Communist Party (CCP) in the fall of 2002, Hu Jintao proclaimed that China’s “broad masses” should view the Constitution as a “legal weapon for safeguarding citizen rights” (Zhongguo xinwen wang 2002). In recent years, citizen activists have tested the limits of this rhetoric by advancing constitutional claims in different legal fora. Some of these efforts have focused on the people’s courts (see Pils, this volume). But as noted throughout this volume, neither the government nor the courts recognize the Constitution as being justiciable (see, e.g., Supreme People’s Court 2008). Other citizens have focused on an alternative legal mechanism that the government has explicitly recognized as a legitimate forum for con- stitutional complaints: the constitutional review procedure established under Article 90(2) of China’s Law on Legislation (Zhonghua Renmin Gongheguo Lifa Fa 2000). This provision grants Chinese citizens the right to propose ( jianyi) that the National People’s Congress Standing Committee (NPCSC) review administrative regulations and local laws that they deem to be inconsistent with national law or the Constitution. (This citizen proposal right should be contrasted with the right granted to state organs such as the State Council, the Supreme People’s Procuratorate, and provincial people congresses in S. Balme et al. (eds.), Building Constitutionalism in China © Stéphanie Balme and Michael W. Dowdle 2009 Keith J. Hand222 Article 90(1) of the same law to demand (yaoqiu) NPCSC review of such legal conflicts.) Subsequent National People’s Congress (NPC) procedures clari- fied that the scope of review also includes Supreme People’s Court judicial interpretations (Xinjing bao 2005). -
CHINA COUNTRY of ORIGIN INFORMATION (COI) REPORT COI Service
CHINA COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service 12 October 2012 CHINA 12 OCTOBER 2012 Contents Preface REPORTS ON CHINA PUBLISHED OR ACCESSED BETWEEN 24 SEPTEMBER 10 OCTOBER 2012 Paragraphs Background Information 1. GEOGRAPHY ............................................................................................................ 1.01 Map ........................................................................................................................ 1.05 Infrastructure ........................................................................................................ 1.06 Languages ........................................................................................................... 1.07 Population ............................................................................................................. 1.08 Naming conventions ........................................................................................... 1.10 Public holidays ................................................................................................... 1.12 2. ECONOMY ................................................................................................................ 2.01 Poverty .................................................................................................................. 2.03 Currency ................................................................................................................ 2.05 3. HISTORY ................................................................................................................. -
The End of Reeducation Through Labor? Recent Developments and Prospects for Reform
THE END OF REEDUCATION THROUGH LABOR? RECENT DEVELOPMENTS AND PROSPECTS FOR REFORM ROUNDTABLE BEFORE THE CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION MAY 9, 2013 Printed for the use of the Congressional-Executive Commission on China ( Available via the World Wide Web: http://www.cecc.gov U.S. GOVERNMENT PRINTING OFFICE 81–853 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA LEGISLATIVE BRANCH COMMISSIONERS Senate House SHERROD BROWN, Ohio, Chairman CHRIS SMITH, New Jersey, Cochairman MAX BAUCUS, Montana FRANK WOLF, Virginia CARL LEVIN, Michigan MARK MEADOWS, North Carolina DIANNE FEINSTEIN, California ROBERT PITTENGER, North Carolina JEFF MERKLEY, Oregon TIM WALZ, Minnesota EXECUTIVE BRANCH COMMISSIONERS To Be Appointed LAWRENCE T. LIU, Staff Director PAUL B. PROTIC, Deputy Staff Director (II) CO N T E N T S STATEMENTS Page Brown, Hon. Sherrod, a U.S. Senator from Ohio; Chairman, Congressional- Executive Commission on China ........................................................................ 1 Belkin, Ira, Executive Director, U.S.-Asia Law Institute, New York University School of Law ........................................................................................................ 2 Lewis, Margaret K., Associate Professor of Law, Seton Hall Law -
Political Mobility of Chinese Regional Leaders Liang Qiao Louisiana State University and Agricultural and Mechanical College
Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2012 Performance, preference, promotion: political mobility of Chinese regional leaders Liang Qiao Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the Political Science Commons Recommended Citation Qiao, Liang, "Performance, preference, promotion: political mobility of Chinese regional leaders" (2012). LSU Doctoral Dissertations. 1563. https://digitalcommons.lsu.edu/gradschool_dissertations/1563 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. PERFORMANCE, PREFERENCE, PROMOTION: POLITICAL MOBILITY OF CHINESE REGIONAL LEADERS A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of Political Science by Liang Qiao B.A., Taiyuan University of Technology, 2003 M.A., Peking University, 2006 May 2012 i To Shanxi Province, and Her People ii ACKNOWLEDGEMENTS My deepest gratitude is to my advisor, Dr. William A. Clark. I have been truly fortunate to have an advisor who gave me the guidance to help me complete my doctoral study at LSU. His patience and support helped me overcome many crucial situations and finish this dissertation. I hope that one day I would become as good an advisor to my students as Dr. Clark has been to me. I am very grateful to all the professors who had taught me from LSU Department of Political Science; the intellectual training I received from whom is simply priceless. -
The Case of China's New Citizen Movement
From Independent Lawyer Groups to Civic Opposition: The Case of China’s New Citizen Movement Eva Pils* I. INTRODUCTION ............................................................................. 110 II. POLITICAL RIGHTS ADVOCACY AS A CHOICE PRODUCED BY INSTITUTIONAL DYSFUNCTION ..................................................... 113 III. ADVOCACY GROUPS WORKING ON RIGHTS CASES AND CAUSES .. 123 IV. THE RISE AND SUPPRESSION OF THE NEW CITIZEN MOVEMENT ... 129 V. LAWYERS IN CIVIC OPPOSITION SINCE THE CRACKDOWN ON THE NEW CITIZEN MOVEMENT ............................................................ 141 VI. CONCLUSION ................................................................................ 151 I. INTRODUCTION In January 2014, Xu Zhiyong (许志永), a legal scholar and veteran human rights defender, was sentenced to four years in prison for the crime of gathering a crowd to disrupt public order. Xu’s supporters greeted the news with a mixture of dismay and relief. There was dismay because Xu’s conviction signalled continuing systematic oppression of innocent and patriotic human rights defenders in China. Yet there was also relief because the charge against Xu could have been more severe considering Xu’s prominent role in the New Citizen Movement (Xin Gongmin Yundong 新 公民运动).1 Moreover, Xu had long expected to be imprisoned; he was prepared to accept this as a consequence, however unjust, of his work.2 As detailed later, Xu was able to continue his vocal advocacy from jail by releasing a video-recorded statement from pre-trial detention, and publishing the statement he prepared for trial.3 The New Citizen Movement * Reader in Transnational Law, King’s College London, Dickson Poon School of Law; non-resident senior research fellow, NYU US-Asia Law Institute. 1 Didi Tang, China Hits Activists With Common-Crime Charges, SAN DIEGO UNION-TRIBUNE, May 27, 2014, http://www.sandiegouniontribune.com/sdut-china-hits- activists-with-common-crime-charges-2014may27-story.html. -
Read Ira Belkin's Chapter
8 Justice in the PRC How the Chinese Communist Party Has Struggled with Managing Public Opinion and the Administration of Criminal Justice in the Internet Age ira belkin ‘Nothing short of the death [of the defendant] will appease the public outrage’. ‘Agreed. But just this once’. Ren Jianxin, then Secretary of the Central Political-Legal Commission, endorsing a subordinate’s recommendation to approve the death sentence of a hit-and-run drunk driver in January 1998 (Chen 2013). Introduction During the summer of 2009, Tian Wenchang, the Chair of the Special Committee for Criminal Defense of the All China Lawyer’s Association and a leading Chinese criminal defence lawyer, addressed a class of Chinese law students with a provocative question: ‘How should guilt or innocence be determined in a criminal case – why don’t we just take a public opinion poll on the Internet and let the masses decide’? This question was particularly poignant for lawyer Tian. In 2003, for a brief moment, it appeared that he had saved his client, Liu Yong, from a death sentence. Tian had convinced the Liaoning Provincial High Court to suspend his client’s death sentence on the ground that his client’s confession was coerced. What Tian had not counted on was the over- whelmingly negative reaction of the Chinese public. The public This chapter benefitted greatly from the research assistance of USALI research scholars Heather Han, Amy Gao, Eli Blood-Patterson and 2014 USALI summer scholars, Jacob Clark and Jason Zhu. I am also grateful to Sue Trevaskes, Sarah Biddulph, Flora Sapio and Elisa Nesossi for organising a workshop at Griffith University, Australia, in July 2014, where a draft of this paper was presented and where they and other contributors to this volume provided valuable comments and suggestions. -
Petitioning Beijing: the High Tide of 2003–2006* Lianjiang Li†, Mingxing Liu‡ and Kevin J
313 Petitioning Beijing: The High Tide of 2003–2006* Lianjiang Li†, Mingxing Liu‡ and Kevin J. O’Brien§ Abstract What precipitated the 2003–06 “high tide” of petitioning Beijing and why did the tide wane? Interviews and archival sources suggest that a marked increase in petitioners coming to the capital was at least in part a response to encouraging signals that emerged when Hu Jintao and Wen Jiabao adopted a more populist leadership style. Because the presence of tens of thousands of petitioners helped expose policy failures of the previous leader- ship team, the Hu-Wen leadership appeared reasonably accommodating when petitioners arrived en masse in Beijing. Soon, however, the authorities shifted towards control and suppression, partly because frustrated peti- tioners employed disruptive tactics to draw attention from the Centre. In response to pressure from above, local authorities, especially county leaders, turned to coercion to contain assertive petitioners and used bribery to coax officials in the State Bureau of Letters and Visits to delete petition regis- trations. The high tide receded in late 2006 and was largely over by 2008. This article suggests that a high tide is more likely after a central leadership change, especially if a populist programme strikes a chord with the popu- lation and elite turnover augments confidence in the Centre and heightens expectations that it will be responsive to popular demands. Keywords: petitioning; protest; repression; leadership change; social stability A “high tide” of petitioning Beijing commenced in summer 2003 and lasted three years. At its peak, thousands of petitioners arrived from all over the country every day, and many stayed in the capital for weeks or even months. -
1 CECC Talk: the End of Reeducation Through Labor? Recent Developments and Prospects for Reform May 9, 2013, 11Am-12:30Pm Writte
CECC talk: The End of Reeducation Through Labor? Recent Developments and Prospects for Reform May 9, 2013, 11am-12:30pm Written submission by Xiaorong Li Thank you, Senator Brown and CECC staff, for this opportunity to discuss this serious matter involving horrifying human rights abuses in China. The push for abolishing “reeducation through labor” (RTL) has gained momentum in recent months. This should be largely credited to Chinese citizens who have spoken publicly criticizing the system. Over the past two decades, Chinese intellectuals and civil society activists have called for reform or abolition of RTL, a form of administrative detention managed by police committees within the public security bureaus, where detainees are locked up for up to four years without a trial or little chance to appeal, and forced to perform hard labor in abhorrent conditions.1 Hopefully, 2013 may mark a turning point in building momentum for RTL reform, as several high-profile individual cases prompted public outrage, there have been unprecedented public discussions about RTL’s problems and impressive efforts by Chinese citizens to push for an end to RTL in China today. This has prompted several officials in the government, which is ever mindful of instability, to finally begin to echo longstanding criticisms about the system. In October 2012, the head of a government judicial reform committee noted a consensus in favor of addressing RTL’s shortcomings. And the People’s Daily, the CCP’s principal mouthpiece, stated in November that RTL had become “a tool of retaliation” for local officials.2 The government announced in October that RTL “reform” was being piloted in four cities.3 More optimism was felt in early January of 2013, when a high-ranking official was reported as saying that the government would halt the use of RTL by the end of the year, upon approval of the Standing Committee of the National People’s Congress. -
Front Matter and Table of Contents
DANGEROUS MINDS Political Psychiatry in China Today and its Origins in the Mao Era Human Rights Watch and Geneva Initiative on Psychiatry Copyright © August 2002 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-278-5 Library of Congress Control Number: 2002109978 Cover photo: Inside the Tianjin Ankang institute for mentally disordered offenders. There is no credit/copyright for anonymity reasons. Cover design by Rafael Jiménez Addresses for Human Rights Watch 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: [email protected] 1630 Connecticut Avenue, NW, Suite 500, Washington, D.C. 20009 Tel: (202) 612-4321, Fax: (202) 612-4333, E-mail: [email protected] 2-12 Pentonville Road, Second Floor, London N1 9FP, UK Tel: (171) 713-1995, Fax: (171) 713-1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (2) 732-2009, Fax: (2) 732-0471, E-mail: [email protected] Web Site Address: http://www.hrw.org Listserv address: To subscribe to the Human Rights Watch news e-mail list, send a blank e-mail message to [email protected]. Addresses for Geneva Initiative on Psychiatry P.O. Box 2182 1200 BG Hilversum, The Netherlands Tel.: (31) 35 6838727, Fax (31) 35 6833646, E-mail [email protected] Zenevos Iniciatyva Psichiatrijoje Oginskio 3, 2040 Vilnius, Lithuania Tel: 00370-2-715760, Fax: 00370-2-715761, E-mail: [email protected] Zhenevska Iniciativa v Psihiatriata 1, Maliovitsa Str., Sofia 1000, Bulgaria Tel/fax:+359 2 987 78 75, E-mail:[email protected] HUMAN RIGHTS WATCH Human Rights Watch is dedicated to protecting the human rights of people around the world. -
Investigating the Cultural Practice of Migrant Workers in China: Ideology, Collective Identity and Resistance
The London School of Economics and Political Science Investigating the Cultural Practice of Migrant Workers in China: Ideology, Collective identity and Resistance Ziyan Wang A thesis submitted to the Department of Media and Communications of the London School of Economics for the degree of Doctor of Philosophy London, February 2020 1 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. I declare that my thesis consists of <98,887> words. Statement of use of third party for editorial help I can confirm that my thesis was copy edited for conventions of language, spelling and grammar by Dr James Mason. 2 Abstract: Cultural practice and collective identity formation are crucial dimensions for the expression of agency within labour struggles. Although these have been eroded, alongside the erosion of the glory of the old urban working class in the post-reform era, working-class culture has played a significant role in China’s modern history of revolution and socialist industrialisation.