And the Rule of Administrative Law in China
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Hong Kong SAR
China Data Supplement November 2006 J People’s Republic of China J Hong Kong SAR J Macau SAR J Taiwan ISSN 0943-7533 China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 1 Contents The Main National Leadership of the PRC 2 LIU Jen-Kai The Main Provincial Leadership of the PRC 30 LIU Jen-Kai Data on Changes in PRC Main Leadership 37 LIU Jen-Kai PRC Agreements with Foreign Countries 47 LIU Jen-Kai PRC Laws and Regulations 50 LIU Jen-Kai Hong Kong SAR 54 Political, Social and Economic Data LIU Jen-Kai Macau SAR 61 Political, Social and Economic Data LIU Jen-Kai Taiwan 65 Political, Social and Economic Data LIU Jen-Kai ISSN 0943-7533 All information given here is derived from generally accessible sources. Publisher/Distributor: GIGA Institute of Asian Affairs Rothenbaumchaussee 32 20148 Hamburg Germany Phone: +49 (0 40) 42 88 74-0 Fax: +49 (040) 4107945 2 November 2006 The Main National Leadership of the PRC LIU Jen-Kai Abbreviations and Explanatory Notes CCP CC Chinese Communist Party Central Committee CCa Central Committee, alternate member CCm Central Committee, member CCSm Central Committee Secretariat, member PBa Politburo, alternate member PBm Politburo, member Cdr. Commander Chp. Chairperson CPPCC Chinese People’s Political Consultative Conference CYL Communist Youth League Dep. P.C. Deputy Political Commissar Dir. Director exec. executive f female Gen.Man. General Manager Gen.Sec. General Secretary Hon.Chp. Honorary Chairperson H.V.-Chp. Honorary Vice-Chairperson MPC Municipal People’s Congress NPC National People’s Congress PCC Political Consultative Conference PLA People’s Liberation Army Pol.Com. -
OCTOBER 2005 Home Office Science and Research Group
OCTOBER 2005 CHINA Home Office Science and Research Group COUNTRY OF ORIGIN INFORMATION SERVICE 1 OCTOBER 2005 CHINA Country of Origin Reports are produced by the Science & Research Group of the Home Office to provide caseworkers and others involved in processing asylum applications with accurate, balanced and up-to-date information about conditions in asylum seekers’ countries of origin. They contain general background information about the issues most commonly raised in asylum/human rights claims made in the UK. The reports are compiled from material produced by a wide range of recognised external information sources. They are not intended to be a detailed or comprehensive survey, nor do they contain Home Office opinion or policy. 2 Disclaimer: “This country of origin information report contains the most up-to-date publicly available information as at 31 August 2005. Older source material has been included where it contains relevant information not available in more recent documents.” OCTOBER 2005 CHINA Contents 1. Scope of document 1.1 2. Geography 2.1 Languages 2.5 Mandarin (Putonghua) 2.5 Pinyin translation system 2.6 Naming conventions 2.7 Tibetan names 2.8 Population 2.9 3. Economy 3.1 Shadow Banks 3.2 Poverty 3.4 The Environment 3.9 State owned enterprises (SOEs) 3.11 Unemployment 3.16 Currency 3.18 Corruption 3.20 Guanxi 3.26 Punishment of corrupt officials 3.28 4. History 4.1 1949-1976: The Mao Zedong era 4.1 1978-1989: Deng Xiaoping as paramount 4.3 leader Tiananmen Square protests (1989) 4.4 Post-Tiananmen Square 4.7 Jiang Zemin as core leader 4.9 Hu Jiantao: chairman of the board 4.10 5. -
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. -
Elite Politics and the Fourth Generation of Chinese Leadership
Elite Politics and the Fourth Generation of Chinese Leadership ZHENG YONGNIAN & LYE LIANG FOOK* The personnel reshuffle at the 16th National Congress of the Chinese Communist Party is widely regarded as the first smooth and peaceful transition of power in the Party’s history. Some China observers have even argued that China’s political succession has been institutionalized. While this paper recognizes that the Congress may provide the most obvious manifestation of the institutionalization of political succession, this does not necessarily mean that the informal nature of politics is no longer important. Instead, the paper contends that Chinese political succession continues to be dictated by the rule of man although institutionalization may have conditioned such a process. Jiang Zemin has succeeded in securing a legacy for himself with his “Three Represents” theory and in putting his own men in key positions of the Party and government. All these present challenges to Hu Jintao, Jiang’s successor. Although not new to politics, Hu would have to tread cautiously if he is to succeed in consolidating power. INTRODUCTION Although the 16th Chinese Communist Party (CCP) Congress ended almost a year ago, the outcomes and implications of the Congress continue to grip the attention of China watchers, including government leaders and officials, academics and businessmen. One of the most significant outcomes of the Congress, convened in Beijing from November 8-14, 2002, was that it marked the first ever smooth and peaceful transition of power since the Party was formed more than 80 years ago.1 Neither Mao Zedong nor Deng Xiaoping, despite their impeccable revolutionary credentials, successfully transferred power to their chosen successors. -
Crisis and Governance: Sars and the Resilience of the Chinese Body Politic
CRISIS AND GOVERNANCE: SARS AND THE RESILIENCE OF THE CHINESE BODY POLITIC Patricia M. Thornton How crisis-prone is the reform-era Chinese state? Recent scholarly contributions yield no shortage of dire predictions, ranging from the regime’s imminent collapse 1 to the steady deterioration of the state’s extractive capacities due to persistent bureaucratic corruption and inefficiency.2 Lurking behind the “glitzy skylines of Shanghai, Beijing and other coastal cities”, Minxin Pei finds “a hidden crisis of governance” provoked by a range of pathologies, including élite cynicism and mass disenchantment due to deteriorating government performance.3 Bruce Gilley recently described a political system on the cusp of impending breakdown following the élite consolidation of power that began in 1994, the latest iteration of four such cycles that have unfolded since 1949. Gilley predicts that, driven by the inherently volatile “logic of concentrated power” and barring democratic breakthrough, the current leadership will probably rely on Party purges and increased social repression to maintain control, setting off periodic waves of crisis and consolidation into the foreseeable future.4 1 Jack A. Goldstone, “The Coming Chinese Collapse”, Foreign Policy, No. 99 (June 1995), pp 35-52; Gordon Chang, The Coming Collapse of China (New York: Random House. 2001). 2 Wang Shaoguang and Hu Angang, The Chinese Economy in Crisis: State Capacity and Tax Reform (Armonk: M. E. Sharpe, 2001). 3 Minxin Pei, “China’s Governance Crisis: More than Musical Chairs”, Foreign Affairs, Vol. 81, No. 5 (September–October 2002), pp. 96-109; on China’s “governance crisis”, see also Shaoguang Wang, “The Problem of State Weakness”, Journal of Democracy, Vol. -
Journal of Current Chinese Affairs
China Data Supplement May 2007 J People’s Republic of China J Hong Kong SAR J Macau SAR J Taiwan ISSN 0943-7533 China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 1 Contents The Main National Leadership of the PRC .......................................................................... 2 LIU Jen-Kai The Main Provincial Leadership of the PRC ..................................................................... 30 LIU Jen-Kai Data on Changes in PRC Main Leadership ...................................................................... 37 LIU Jen-Kai PRC Agreements with Foreign Countries ......................................................................... 42 LIU Jen-Kai PRC Laws and Regulations .............................................................................................. 44 LIU Jen-Kai Hong Kong SAR ................................................................................................................ 45 LIU Jen-Kai Macau SAR ....................................................................................................................... 52 LIU Jen-Kai Taiwan .............................................................................................................................. 56 LIU Jen-Kai ISSN 0943-7533 All information given here is derived from generally accessible sources. Publisher/Distributor: GIGA Institute of Asian Studies Rothenbaumchaussee 32 20148 Hamburg Germany Phone: +49 (0 40) 42 88 74-0 Fax: +49 (040) 4107945 2 May 2007 The Main National Leadership of the PRC -
The Mishu Phenomenon: Patron-Client Ties and Coalition-Building Tactics
Li, China Leadership Monitor No.4 The Mishu Phenomenon: Patron-Client Ties and Coalition-Building Tactics Cheng Li China’s ongoing political succession has been filled with paradoxes. Jockeying for power among various factions has been fervent and protracted, but the power struggle has not led to a systemic crisis as it did during the reigns of Mao and Deng. While nepotism and favoritism in elite recruitment have become prevalent, educational credentials and technical expertise are also essential. Regional representation has gained importance in the selection of Central Committee members, but leaders who come from coastal regions will likely dominate the new Politburo. Regulations such as term limits and an age requirement for retirement have been implemented at various levels of the Chinese leadership, but these rules and norms will perhaps not restrain the power of Jiang Zemin, the 76-year-old “new paramount leader.” While the military’s influence on political succession has declined during the past decade, the Central Military Commission is still very powerful. Not surprisingly, these paradoxical developments have led students of Chinese politics to reach contrasting assessments of the nature of this political succession, the competence of the new leadership, and the implications of these factors for China’s future. This diversity of views is particularly evident regarding the ubiquitous role of mishu in the Chinese leadership. The term mishu, which literally means “secretary” in Chinese, refers to a range of people who differ significantly from each other in terms of the functions they fulfill, the leadership bodies they serve, and the responsibilities given to them. -
CHAPTER 6: Governance and Order in a Networked World
6 GOVERNANCE AND ORDER IN A NETWORKED WORLD Niall Ferguson “ s the world slouching toward a grave systemic crisis?” asked the his- Itorian Philip Zelikow at the annual gathering of the Aspen Strategy Group earlier this summer, the kind of “deep system- wide crisis . when people all over the world no longer think the old order work[s].” Among the reasons he gave for anticipating such a crisis was “the digital revolution and the rise of a networked world.” To grasp the scale and nature of this coming crisis, we must begin by recognizing how drasti- cally the balance of power has shift ed in our time from hierarchically ordered empires and superpowers (the euphemism for empire developed to suit American and Soviet sensibilities) to distributed networks. To be sure, the formal “org. chart” of global power is still dominated by the vertically structured super- polities that gradually evolved out of the republics and monarchies of early modern Europe, the colonies they established in the New World, and the older empires of Asia. Th ough not the most populous nation in the world, the United States is certainly the world’s most powerful state, despite—or perhaps because of—the peculiarities of its political system. Its nearest rival, the People’s Republic of China, is usually seen as a profoundly diff erent kind of state, for while the United States has two major parties, the People’s Republic has one, and only one. Th e US government is founded on the separation 159 119106-Shultz_BeyondDisruption.indd9106-Shultz_BeyondDisruption.indd 159159 33/23/18/23/18 77:12:12 PMPM 160 Niall Ferguson of powers, not least the independence of its judiciary; the PRC subordi- nates all other institutions, including the courts, to the dictates of the Communist Party. -
Jinfan Zhang the Tradition and Modern Transition of Chinese Law the Tradition and Modern Transition of Chinese Law
Jinfan Zhang The Tradition and Modern Transition of Chinese Law The Tradition and Modern Transition of Chinese Law Jinfan Zhang The Tradition and Modern Transition of Chinese Law Chief translator Zhang Lixin Other translators Yan Chen Li Xing Zhang Ye Xu Hongfen Jinfan Zhang China University of Political Science and Law Beijing , People’s Republic of China Sponsored by Chinese Fund for the Humanities and Social Sciences (本书获中华社会科学基金中华外译项目资助) ISBN 978-3-642-23265-7 ISBN 978-3-642-23266-4 (eBook) DOI 10.1007/978-3-642-23266-4 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014931393 © Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifi cally for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. -
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). -
Annual Report on the Situation of Human Rights Defenders in China (2009) April 26, 2010
Annual Report on the Situation of Human Rights Defenders in China (2009) April 26, 2010 维权网 Chinese Human Rights Defenders (CHRD) 中文 Web: www.chrdnet.org (English) and www.crd-net.org ( ) Email: [email protected] Promoting human rights and empowering grassroots activis m in China Annual Report on the Situation of Human Rights Defenders in China (2009) Executive Summary During 2009, the environment in China grew increasingly hostile towards human rights defenders. Highlighted by the harassment of a number of well-known, relatively independent nongovernmental organizations (NGOs) focusing on human rights, and the closure of one—the Open Constitution Initiative (Gongmeng)—the already limited space for civil society was restricted even further in 2009. Human rights lawyers, an important force in the rights defense ( weiquan ) movement, were put under unprecedented pressure by the authorities, and CHRD documented eight lawyers who were unable to renew their licenses to practice law. While the government paid lip service to human rights abroad and at home, by taking part in the UN Human Rights Council’s Universal Periodic Review and issuing its first National Human Rights Action Plan, it continued to detain, harass, and intimidate human rights defenders across the country. This report uses the UN Declaration on Human Rights Defenders as a framework for assessing the Chinese government’s actions during the past year, and finds that the government has fallen woefully short of its obligations as outlined by that document. The government was particularly active in its efforts to disrupt the work of human rights defenders in the past year. Activists affiliated with CHRD believe that more human rights defenders were summoned by police for questioning in 2009 than in any year since 1989.