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The London School of Economics and Political Science Law, State and Society in the PRC: A Case Study of Family Planning Regulations Implementation at Grassroots Level in Rural China Zhanwei Zhang A thesis submitted to the Department of Law of the London School of Economics and Political Science for the degree of Doctor of Philosophy London, January 2015 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. 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 84,654 words. I can confirm that my thesis was copy edited for conventions of language, spelling and grammar by David Wearing. Zhanwei Zhang 2 Abstract This thesis investigates in depth the implementation of family planning regulations in China at the grassroots level with a focus on the period from the 1990s to the end of the 2000s, and the social environment in which such implementation takes place. The main evidence sources were collected during 5 months of fieldwork, and include close observation, in-depth interviews, questionnaires, archival records (secondary and official data), statistical data, and internal reports. Since the 1990s, China has experienced rapid economic development and has also introduced a new democratic system into the village: the village committee election. Thus in addition to the resistance caused by the traditional reproductive culture, these new factors also present themselves as obstacles to the smooth implementation of the family planning regulations. By adopting political science institutionalism theory and a socio-legal research method, this research aims to analyse the factors influencing the grassroots level officials’ implementation in a broad social environment. Following an explanation of the formal and informal organizational settings of the town family planning agency, this thesis also explores the town family planning officials’ degree of autonomy in implementation and the criteria they apply to their own decision- making. This thesis argues that family planning implementation in the grassroots rural China has been influenced by the following factors: the formal and informal organizational structures, new democratic system influences, the economic development level, employment conditions, culture and convention, the relationships among various interest groups, and family planning officials’ understandings of their work, as well as the imperfect legal environment. All these factors interact with each other to bring about the complexities and discrepancies in implementation. 3 Acknowledgements I am deeply grateful to have been given the opportunity to come to LSE for my doctoral education, where I have spent these most memorable years focusing on a subject that I am fascinated about. I deeply appreciate the help of many people who have generously provided their encouragement, understanding, friendship and support along the way. First of all, I would like to thank my leading supervisor, Professor Tim Murphy. Tim has been tremendously supportive and patient, in shepherding my academic project over these years. It is under Tim’s careful guidance that I have been able to find a path through the difficult times I have encountered during the journey into this final stage. Over the years, he has helped me to explore the unknown, and taught me how to be an independent thinker from which I have benefited greatly. I am also thankful to my second supervisor, Helen Reece, who gave me a lot of priceless advice regarding my research. She has helped me to make my arguments clearer and more direct. I would like to express my sincere gratitude to the Chinese scholars, Professor Kejian Tan and Professor Zhongtang Liang, who helped me with much Chinese material from their own collections. I also want to thank all the interviewees who kindly agreed to participate in the interviews. My deepest gratitude goes to my family who has been crucial in encouraging me along the way. I cannot thank my parents and my husband enough for their love and support. 4 Finally, this thesis is dedicated to my loving daughter Zixuan Yao, who has been my great accomplishment during my PhD program. She was born just before my PhD started - and her good behaviour and her charming smile would always brighten up my day. 5 Table of Contents DECLARATION .................................................................................................................... 2 ABSTRACT ............................................................................................................................ 3 ACKNOWLEDGEMENTS ................................................................................................... 4 TABLE OF CONTENTS ....................................................................................................... 6 LIST OF TABLE .................................................................................................................. 12 LIST OF FIGURES ............................................................................................................. 13 ABBREVIATIONS .............................................................................................................. 14 CHAPTER 1 INTRODUCTION ........................................................................................ 15 1.1 INTRODUCTION ............................................................................................................. 15 1.2 RESEARCH METHOD ..................................................................................................... 18 1.3 LITERATURE REVIEW ................................................................................................... 19 1.4 RESEARCH OBJECTIVES ............................................................................................... 27 1.5 CONCEPTUAL FRAMEWORK ......................................................................................... 27 1.6 STRUCTURE OF THE THESIS .......................................................................................... 30 CHAPTER 2 RESEARCH METHODOLOGIES ............................................................ 35 2.1 INTRODUCTION ............................................................................................................. 35 2.2 EMPIRICAL DATA COLLECTING ................................................................................... 37 2.2.1 Site Selection ........................................................................................................ 39 2.2.2 Fieldwork .............................................................................................................. 41 2.2.2.1 The First Phase of Fieldwork ...................................................................................................... 41 2.2.2.2 The Second Phase of Fieldwork .................................................................................................. 42 2.2.3 Main Interview Questions ..................................................................................... 43 2.3 DIFFICULTIES ................................................................................................................ 46 2.4 ETHICS .......................................................................................................................... 47 6 2.5 CONCLUSION ................................................................................................................ 48 CHAPTER 3 CONTENTS OF CHINA’S POPULATION POLICY .............................. 49 3.1 INTRODUCTION ............................................................................................................. 49 3.2 THE EVOLUTION OF CHINA’S FAMILY PLANNING CAMPAIGN FROM THE 1950S ........ 49 3.2.1 From Protecting and Improving Women’s Health to Stimulating Economic Development .................................................................................................................. 51 3.2.2 From Urban to Nationwide .................................................................................. 54 3.2.3 From Soft Family Planning to Hard Birth Control .............................................. 56 3.3 CONTEXT OF THE POPULATION REGULATIONS ............................................................ 62 3.3.1 1982 Population Policy at the State Level ........................................................... 62 3.3.2 Conditions for Second and Third Child Permits in Provincial Family Planning Regulations .................................................................................................................... 65 3.3.2.1 Exceptions for the one-child legislation: ..................................................................................... 71 3.3.3 Conclusion ............................................................................................................ 76 3.3.3.1 Cultural Exemptions .................................................................................................................... 76 3.3.3.2 Economic Exemptions ................................................................................................................
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