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Many Voices in China's Legal Profession: Plural Meanings Of china law and society review 4 (2019) 71-101 brill.com/clsr Many Voices in China’s Legal Profession: Plural Meanings of Weiquan Ethan Michelson Indiana University Bloomington [email protected] Abstract Figuring prominently in prevailing portraits of activism and political contention in contemporary China are weiquan [rights defense] lawyers. Outside of China, the word weiquan emerged in the early 2000s and had achieved near-hegemonic status by the late 2000s as a descriptive label for a corps of activist lawyers—who numbered be- tween several dozen and several hundred—committed to the cause and mobilizing in pursuit of human rights protections vis-à-vis China’s authoritarian party-state. This article challenges the dominant nomenclature of Chinese activism, in which weiquan in general and weiquan lawyers in particular loom large. A semantic history of the word weiquan, traced through an analysis of four decades of officially sanctioned rights discourse, reveals its politically legitimate origins in the official lexicon of the party-state. Unique survey data collected in 2009 and 2015 demonstrate that Chinese lawyers generally understood the word in terms of the party-state’s official language of rights, disseminated through its ongoing public legal education campaign. Because the officially-sanctioned meaning of weiquan, namely “to protect citizens’ lawful rights and interests,” is consistent with the essential professional responsibility of lawyers, fully half of a sample of almost 1,000 practicing lawyers from across China self- identified as weiquan lawyers. Such a massive population of self-identified weiquan lawyers—approximately 80,000 in 2009 assuming that the sample is at least reason- ably representative—makes sense only if local meanings of the term profoundly di- verge from its dominant English-language representations. Concluding speculations consider and call for further research on why this word was appropriated and rede- fined by activist Chinese lawyers in the first place. © koninklijke brill nv, leiden, 2020 | doi:10.1163/25427466-00402001Downloaded from Brill.com10/06/2021 11:37:09AM via free access <UN> 72 Michelson Keywords China – lawyers – legal profession – weiquan – activism – rights defense movement – contentious politics – political discourse 1 Introduction Ever since the word weiquan 维权 blazed into English-language discourse on the Chinese legal system in the mid-2000s, it has been associated with activ- ism. In English-language accounts, weiquan is often used interchangeably with its literal translation, “protecting rights” or “defending rights” (and sometimes “safeguarding rights”), and is represented almost uniformly in politically con- tentious terms (Fu and Cullen 2008, 111n1). I challenge this dominant represen- tation by demonstrating that, for much if not most of its semantic history within China, the meaning of weiquan has been far from monolithic. I argue that, in the time since weiquan was first introduced to audiences outside China as a modifier of “lawyer” to signify a type of activist engaged in a broader social movement aimed at strengthening individual rights vis-à-vis the authoritarian party-state, Chinese lawyers themselves tended to disagree with this mean- ing. Just as activists never accounted for more than a minuscule share of the Chinese legal profession, activist meanings of weiquan, too, have never been more than peripheral in this word’s broader semantic landscape shaped and inhabited by Chinese lawyers. To stimulate debate and further research, I propose in this article that the word weiquan has been repeatedly misrepresented—albeit perhaps unknowingly—since its introduction to English-language audiences. I develop this proposition in three steps. First, I outline a semantic history of the word weiquan, in which its original meaning is rooted firmly in and stems squarely from China’s official legal construction program ongoing for four decades. Sec- ond, drawing on unique survey data, I demonstrate the plurality of meanings— most of which carry no political or activist connotations—held by Chinese lawyers during and beyond the heyday of their activism in the mid- to late 2000s. Finally, I speculate about how weiquan’s semantic misrepresentation occurred. Episodic hostility from China’s party-state to the word weiquan cor- responds with crackdowns on the activist fringe of the Chinese legal profes- sion and obscures the official roots of the term. As we will see, weiquan dis- course is part and parcel of the party-state’s legal construction program. We cannot understand weiquan without understanding China’s ongoing public legal education campaign, which has accompanied four decades of frenetic lawmaking. china law and societyDownloaded review from 4 Brill.com10/06/2021 (2019) 71-101 11:37:09AM via free access <UN> Many Voices in China’s Legal Profession 73 Admittedly, I have as many questions as answers. I can only speculate about the circumstances under which weiquan was appropriated and redefined by activists. The politically legitimate origins of this word in the official lexicon of the party-state could be the logic of its appropriation by activists. The strategic choice of activists to cloak themselves in the protection of party-state discourse in their struggles against the party-state would be straight out of the “rightful resistance” playbook (O’Brien and Li 2006). More research will be necessary to fill in gaps in the history of this word’s meteoric rise in English-language dis- course about contemporary China. 2 Weiquan’s Dominant Meaning outside China In prevailing English-language narratives, weiquan lawyers [weiquan lüshi 维 权律师] appeared in the early 2000s, seemingly out of thin air, crystalizing into the coherent entity we recognize today as “activist lawyers,” thanks to im- portant legal victories that they fought and won, including the 2001 Qi Yuling 齐玉苓 case, the 2003 Sun Zhigang 孙志刚 incident, and the 2004 Zhang Xianzhu 张先著 case (Feng 2009; Fu and Cullen 2011, 42; Hand 2006; Kellogg 2009; Nesossi 2015; Pils 2006; 2015, 48–49; Teng 2012). Outside China, the mean- ing of the word weiquan quickly assumed a quality of taken-for-grantedness. Its dominant and widely shared meaning is the practice, primarily but not ex- clusively by lawyers, of pushing the political envelope in collective efforts to advance and defend citizen rights, primarily but not exclusively through the use of legal tools provided by the party-state. Weiquan is unambiguously repre- sented to—and generally understood among—audiences outside China as a popular tactic of contentious politics, as a core part of activist repertoires of contention. Weiquan lawyers “actively use legal institutions and other platforms to chal- lenge China’s authoritarian system” (Fu and Cullen 2011, 41). Their common cause of human rights protection and public interest legal work and their role as the vanguard of an ostensibly broader “weiquan movement” are among their defining characteristics (Feng 2009; Gallagher 2017; Lee 2008; Pils 2015). Be- cause “weiquan or human rights lawyering” is a “distinct form of legal practice in China, rights lawyers such as Gao Zhisheng [高智晟] have suffered suspen- sion and disbarment in retaliation for their advocacy” and have “tended to be stigmatised as radicals, even by colleagues” (Pils 2018, 5–6). Scholars and jour- nalists use many different terms synonymously and interchangeably with “weiquan lawyer,” including “rights protection lawyer,” “rights defense lawyer,” “rights defender,” “human rights lawyer,” “cause lawyer,” “political lawyer,” “pub- lic interest lawyer,” and “civil rights lawyer” (Chen 2015, 131; Fu 2014, 2018; Fu china law and society review 4 (2019) 71-101 Downloaded from Brill.com10/06/2021 11:37:09AM via free access <UN> 74 Michelson and Cullen 2008, 2011; Pils 2006, 2013, 2015). Although Liu and Halliday reject “the ambiguous and confusing concept of ‘weiquan lawyers’” in favor of the term “activist lawyers,” they do not challenge the prevailing association be- tween weiquan and contentious politics (Liu and Halliday 2016, 90). Similar to weiquan lawyers, activist lawyers “are committed to ideals of political liberal- ism and actively fight against the party-state” (Liu and Halliday 2016, 90). This was emphatically not the dominant meaning of weiquan when it first appeared in English-language publications in the early 2000s. Initially, scholars invoked the term not for its own sake but, rather, incidentally when it was part of the title of Chinese-language secondary sources that they cited. The follow- ing are a few examples, in chronological order: – 2002: As reported in the People’s Daily, official efforts to protect the rights of lawyers harassed, intimidated, detained, and even prosecuted at the hands of agents of the local state were called “lawyer weiquan” [lüshi weiquan 律师 维权] (Yu 2002, 853n159). – 2003: As reported in Southern Weekend [Nanfang zhoumo 南方周末], a law- suit filed against the leader of a group protecting the rights of homeowners shed light on “homeowner weiquan” [yezhu weiquan 业主维权] (Read 2003, 47n46). – 2004: As reported in China Women’s News [Zhongguo funü bao 中国妇女 报], official efforts to protect women’s property rights in divorce were called “women’s weiquan” [funü weiquan 妇女维权] (Alford and Shen 2004, 365n29). – 2005: As reported in several cited news reports, including China Business News [Zhongguo jingying bao 中国经营报], homeowners’ efforts to protect their rights vis-à-vis real estate development companies were called “home-
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