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Riding the Tiger: Legitimacy and Legal Culture in Post-Mao China*

  • Pitman B. Potter

Extract

Efforts at legal reform in China under the banner of the socialist legal system (shehui zhuyi fazhi) represent an attempt by the post-Mao regime to rest legitimacy in part on an ideology of formal law that complements the regime's efforts at economic reform. While the Party has not abandoned its reliance on the conceit that it represents the forces of historical revolution, the establishment of the socialist legal system is aimed to some extent at addressing a more immediate challenge of retaining legitimacy in the eyes of a populace for whom abstract notions of historical determinacy have little meaning. Proponents of reform have linked these abstract and practical aspects of legitimacy by asserting that legal reform is a requirement of the specific stage of historical development in which China now finds itself.

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1. By legitimacy, I mean the mandate to rule. See Bendix, Reinhard, Kings or People: Power and the Mandate to Rule (Berkeley & Los Angeles: University of California Press, 1978), pp. 16et seq. As Bendix points out, legitimacy depends on attitudes of the subjects of rule who must accept the mandate of rulers to exercise political authority. Also see Goodman, David S. G., “Democracy, interest and virtue: the search for legitimacy in the People's Republic of China,” in Schram, Stuart R. (ed.), Foundations and Limits of State Power in China (Hong Kong & London: Chinese University of Hong Kong and School of African and Oriental Studies, University of London, 1987), p. 291.

2. See generally “Zhongguo gongchandang di shi yi jie zhongyang weiyuanhui di san ci quanti huiyi gongbao” (“Communique of the Third Plenum of the Eleventh CCP Central Committee”) in Hongqi (Red Flag), No. 1 (1979), pp. 14–21, at p. 19. Also see Zhen, Peng, “Explanation on the seven draft laws made at the second session of the fifth NPC on 26th June, 1979,” NCNA, in Summary of World Broadcasts, 4 July 1979, at p. FE/6158/C/1.

3. See Resolution on CPC History (1949–1981) (Beijing: Foreign Languages Press, 1981) at pp. 50, 55–56.

4. See e.g. Lingpei, Yin (ed.), Jingji gaige yu jingji fazhi (Economic Reform and the Economic Law System) (Shenyang: Liaoning University Press, 1985).

5. See e.g. Dan, Wang, “On freedom of the speech for the opposition” (n.d.), translated and reprinted in Yu, Mok Chiu and Frank Harrison, J. (eds.), Voices From Tiananmen Square: Beijing Spring and the Democracy Movement (Montreal & New York: Black Rose Books, 1990), at pp. 3841.

6. See e.g. Guo Daohui, “Law alone cannot carry itself into practice,” in Renmin ribao (People's Daily), 23 July 1990, p. 5, translated in FBIS Daily Report – China, 30 July 1990, pp. 28–30.

7. See Xingzhong, Yu, “Legal pragmatism in the People's Republic of China,” in Journal of Chinese Law, Vol. 3, No. 1 (Summer 1989), p. 29.

8. Lawrence Friedman discusses legal culture in the context of “customs, opinions, ways of doing and thinking.” See Friedman, Lawrence M., The Legal System: A Social Science Perspective (Englewood Cliffs, N. J.: Prentice-Hall, 1975). For the application of Friedman's approach to China, see Lubman, Stanley B., “Studying contemporary Chinese law: limits, possibilities and strategy,” in The American Journal of Comparative Law, Vol. XXXIX, No. 2 (Spring 1991), at pp. 333–34.

9. Doctrine may be defined as the authoritative declaration of what law means. See e.g., Berman, Harold J. and Greiner, William R., The Nature and Foundations of Law, 3rd ed. (Mineola, NY: The Foundation Press, 1972), pp. 1718.

10. See Durkheim, Emile, The Division of Labor in Society (tr. George Simpson) (New York: Free Press, 1964), pp. 79, et seq.

11. See e.g. Wilson, Richard W., Compliance Ideologies: Rethinking Political Culture (Cambridge: Cambridge University Press, 1992.) For general discussion of compliance J theories, see Etzioni, Amitai (ed.), A Sociological Reader on Complex Organizations, 2nd ed. (New York: Holt, Rinehart and Winston, 1969).

12. See generally Keane, John, “Despotism and democracy: the origins and development of the distinction between civil society and the state 1750–1850,” in Keane, John (ed.), Civil Society and the State: New European Perspectives (London & New York: Verso, 1988), pp. 3571; Coval, S. C. and Smith, Joseph C., Law and Its Presuppositions: Actions, Agents and Rules (London: Routledge and Kegan Paul, 1986); and Wolff, Robert Paul, In Defense of Anarchism (New York: Harper & Row, 1970).

13. See generally, Rawls, John, A Theory of Justice (Cambridge, Mass.: Belknap Press of Harvard University Press, 1971).

14. See General Principles of Civil Law (GPCL) of the PRC, Article 54.

15. Cf. Kennedy, Duncan, “Form and substance in private law adjudication,” Harvard Law Review, Vol. 89 (1976), p. 1685.

16. See e.g. “Zhongyang renmin gongheguo zhengzhi fangeming de tiaoli” (“Regulations of the PRC on the punishment of counter-revolutionaries”) (Beijing: 1951); “Zhongyang renmin zhengfu guanyu gongbu shixing Zhonghua renmin gongheguo zhengzhi fangeming tiaoli de mingling” (“Orders of the Central People's Government concerning promulgation and implementation of the regulations of the PRC on the punishment of counter-revolutionaries”) (Beijing: 1951). Also see Zhen, Peng, “Guanyu Zhonghua renmin gongheguo zhengzhi tanwu tiaoli caoan de shuoming” (“Explanation of the draft regulations of the PRC for the punishment of corruption”), Renmin shouce (People's Handbook) (Beijing: 1952), pp. 5255.

17. See e.g. Lubman, Stanley B.Form and function in the Chinese Communist criminal process,” in Columbia Law Review, Vol. 69, No. 3 (March 1969), p. 535.

18. See e.g. Munro, Donald J., The Concept of Man in Contemporary China (Ann Arbor: University of Michigan Press, 1977), at pp. 15et seq. and 161 et seq.

19. See generally, Ness, Peter Van and Raichur, Satish, “Dilemmas of socialist development: an analysis of strategic lines in China, 1949–1981,” in Bulletin of Concerned Asian Scholars (ed.), China From Mao to Deng: The Politics and Economics of Socialist Development (Armonk, NY: M. E. Sharpe, 1983), p. 77.

20. See Zhen, Peng, “Zhonghua renmin gongheguo quan guo renmin daibiao dahui changwu weiyuanhui de gongzuo baogao” (“Work Report of the Standing Committee of the National People's Congress of the PRC”), 14 June 1956, in Renmin shouce, 1957 at p. 179.

21. See Zedong, Mao, “Speech to the Tenth Plenary Session of the Eighth CCP Central Committee,” translated in Chinese Law and Government, Vol. I, No. 4 (Winter 1968–69).

22. See generally Hinton, William, Fanshen: A Documentary of Revolution in a Chinese Village (New York: Random House, 1966), at pp. 136–38; and Dittmer, Lowell, Liu Shao-ch and the Chinese Cultural Revolution: The Politics of Mass Criticism (Berkeley: University of California Press, 1974) at pp. 336358.

23. See generally, Parish, William L. and Whyte, Martin King, Village and Family in Contemporary China (Chicago: University of Chicago Press, 1978), ch. 5.

24. See “Written judgment of the Special Court under the Supreme People's Court of the People's Republic of China,” in A Great Trial in Chinese History: The Trial of the Lin Biao and Jiang Qing Counter-Revolutionary Cliques, November 1980-January 1981 (Beijing: New World Press, 1981), pp. 199–234.

25. See Gailong, Liao, “Lishi de jingyan he women de fazhan daolu” (“The experience of history and our path of development”), in Jiaoxue cankao (Teaching Materials) (Hefei: Hefei Party School, 1980).

26. See e.g. “Zhengwuyuan caizheng jingji weiyuanhui guanyu jiguan, guoying qiye, hezuoshe qianding hetong qiyue zanxing banfa” (“Provisional methods of the Finance and Economic Affairs Commission of the Government Administrative Council concerning signing of contracts by organs, state enterprises and co-operatives”) (27 September 1950), in Guowuyuan jingji fagui yanjiu zhongxin (State Council Economic Laws and Regulations Research Centre), Jingji hetong fagui xuanbian (Compilation of Laws and Regulations on Economic Contracts) (Beijing: Workers Press, 1982), pp. 24–26.

27. See Pfeffer, Richard M., Understanding Business Contracts in China, 1949–1963 (Cambridge, Mass.: East Asian Research Centre, Harvard University, 1973).

28. See e.g. “Central Committee and State Council circular on the strict enforcement of basic construction procedures and strict enforcement of economic contracts,” and the “State Economic Committee provisional regulations for the basic provisions of contracts for ordering factory and mining goods,” in Jingji hetong fagui xuanbian, pp. 35 and 53.

29. See e.g. Parish and Whyte, Village and Family in Contemporary China, at pp. 30, et seq. Also see generally, Hinton, Fanshen: A Documentary of Revolution in a Chinese Village.

30. See e.g. Schurmann, Franz, Ideology and Organization in Communist China, 2nd ed. (Berkeley: University of California Press, 1968), at pp. 437et seq. Also Hinton, Fanshen: A Documentary of Revolution in a Chinese Village, at pp. 286 et seq.

31. See generally, Macfarquhar, Roderick, The Hundred Flowers Campaign and the Chinese Intellectuals (New York: Praeger, 1960).

32. For discussion of norms in traditional China accepting differential legal treatment according to social status, see e.g. T'ung-Tsu, Ch'u, Law and Society in Traditional China (Paris: Mouton Press, 1961), pp. 170et seq.

33. See New China News Agency report in FBIS Daily Report – China, 12 January 1979, pp. E2–E3; Resolution on CPC History (1949–1981) (Beijing: Foreign Languages Press, 1981), at pp. 27–28.

34. See e.g. “Excerpts from a transcript of conversation between Wang Wenqi and the Cultural Revolution Joint Reception Office and Beijing workers and Red Guards,” 26 October 1966, in Michael Schoenhals, “Handout prepared for workshop on the theme ‘Norms and their popularization in Chinese culture’,” Rijksuniversitet te Leiden, the Netherlands, July 1991.

35. See “Diploma” and “Red Guard,” in Xinxin, Zhang and Ye, Sang, Chinese Lives: An Oral History of Contemporary China (ed. Jenner, W. D. F. and Davin, Delia) (New York: Pantheon, 1987) at pp. 5561 and 279284.

36. See Jo-Hsi, Chen, “Jen Hsiu-lan,” in Jo-Hsi, Chen, The Execution of Mayor Yin and Other Stories From the Great Proletarian Cultural Revolution (tr. Nancy Ing and Howard Goldblatt) (Bloomington: Indiana University Press, 1979), pp. 115136.

37. See Qing, Dai, “Bixu he ‘quantong’ juelie: fang Li Honglin” (“We must break with ‘tradition’: visit with Li Honglin”), in Jin, Tao, Yide, Zhang and Qing, Dai (eds.), Zouchu xiandai mixin: guanyu zhenli biaozhun wenti de da bianlun (Get Away From the Myth of Modernization: The Big Debate on the Question of the Standard of Truth) (Hong Kong: Joint Publishers, 1989), at p. 123.

38. See Chang, Jung, Wild Swans: Three Daughters of China (New York: Simon and Schuster, 1991).

39. See generally, Eckstein, Alexander, China's Economic Revolution (Cambridge: Cambridge University Press, 1977), pp. 5963.

40. See e.g. Chan, Anita, Madsen, Richard and Unger, Jonathan, Chen Village: The Recent History of A Peasant Community in Mao's China (Berkeley: University of California Press, 1984), at pp. 178 et seq.; and Richman, Barry, Industrial Society in Communist China (New York: Random House, 1969), at pp. 394–95.

41. See Resolution on CPC History (1949–1981) (Beijing: Foreign Languages Press, 1981).

42. Constitution of the People's Republic of China (1982), Articles 33–34.

43. See Constitution of the People's Republic of China (1954), in Documents of the First National Congress of the People's Republic of China (Beijing: Foreign Languages Press, 1955), Article 85.

44. See Zhen, Peng, Report on the Draft of the Revised Constitution of the People's Republic of China (Beijing: 1982) and “Guanyu shehui zhuyi fazhi de ji ge wenti” (“On various questions concerning the socialist legal system”), in Lilun dongtai (Theoretical Trends), No. 9 (1980), pp. 18–25, at p. 21.

45. See Economic Contract Law, Article 5.

46. See e.g. “Gongya xian fayuan caijue yi qi hetong jiufen” (“The Gongya County Court arbitrates a contract dispute”) in Sichuan ribao (Sichuan Daily), 10 April 1984, p. 3; “Fayuan caijue peichang sunshi” (“The court decides that losses should be compensated”) in Sichuan ribao, 18 April 1984, p. 3; “Nanjing zhong ji fayuan renzhen zuo hao jingji shenpan gongzuo” (“The Nanjing middle level court conscientiously does a good job in economic adjudication work”), in Renmin ribao, 24 June 1984, p. 4.

47. See “General Principles of Civil Law of the People's Republic of China” (translated by William C. Jones), in Review of Socialist Law, No. 4 (1987), pp. 357–386, Article 3.

48. See e.g., “Nongcun chengbao jingying hu qianding de chengbao jingying hetong, shou falu baohu” (“A task management contract signed by a rural contractor receives legal safeguard”), Case No. 70, in Youzun, Chen (ed.) Minshijingjijinan anlijiesi (Interpretation and Analysis of Difficult Civil and Economic Cases) (Huhehaote: Inner Mongolia University Press, 1990), p. 119; “Hetong dangshiren yi fang you guocuo, bing zaocheng dui fang jingji sunshi de, yingdang chengdan minshi zeren” (“Where one contract party is at fault and also causes economic losses to the other party, it should bear civil liability”), Case No. 106, in ibid. p. 187.

49. See e.g. “Lishi shang yiliu xialai de qi, qie dui zhangfu de yichan xiangyou pingdeng de jicheng chuanli” (“A wife and concubine left over from history have equal inheritance rights regarding the legacy of the husband”), in Shaofang, Shen (ed.), Minfa anli xuanbian (Compilation of Civil Cases) (Beijing: People's University Press, 1989), pp. 222–24; “Hefa you xiao de yizhu shou falu baohu” (“A legally effective Will received the protection of law”), in ibid. pp. 226–28.

50. See Potter, Pitman B., “The Administrative Litigation Law of the PRC: changing the relationship between the courts and administrative agencies in China,” Chinese Law and Government, Fall 1991.

51. “Mou shi nongji gongsi bu fu laodong zhengyi zhongcai an” (“The case of an agricultural machinery factory in a certain city refusing to comply with arbitration in a labour dispute”), in Songnian, Ying and Jiansen, Hu (eds.), Zhong wai xingzheng anli xuanping (Compilation of Chinese and Foreign Administrative Cases) (Beijing: Chinese University of Politics and Law Press, 1989), pp. 190–92.

52. “Liu Wen bu fu gong shang xingzheng guanli an” (“The case of Liu Wen refusing to comply with the administration of industry and commerce”), in Gan Yusheng, Qiu Shi and Yang Kaimin, Xingzheng susong anli xuanbian, pp. 177–79.

53. The right to strike was deleted from the 1982 Chinese Constitution. Compare Constitution of the PRC (1978) (Beijing: New China News Agency, 1978), Article 45, with Constitution of the PRC (1982). In addition, penalties including fines, dismissal or even criminal punishments may be imposed for “violating labour discipline.” See “Qiye zhi gong jiang cheng tiaoli” (“Regulations on reward and punishments for enterprise staff and workers”), Article 11, in Renshi Bu Zhengce Yanjiu Shi, Laodong (Policy Research Office of the Ministry of Labour and Personnel) (ed.), Zhonghua renmin gongheguo laodong fagui xuanbian (Compilation of Labour Laws and Regulations of the PRO) (Beijing: Labour and Personnel Press, 1985) at p. 310.

54. See Walder, Andrew G., Communist Neo-Traditionalism: Work and Authority in Chinese Industry (Berkeley: University of California Press, 1986). Also see Nelson, James A. and Reeder, John A., “Labor Relations in China,” in California Management Review, Vol. 27, No. 4 (1985), p. 13.

55. See Constitution of the PRC (1982), Article 51.

56. See Peng Zhen, “Report on the draft of the revised Constitution of the People's Republic of China,” at pp. 75–77.

57. See Constitution of the PRC, Article 1.

58. See Xiaoping, Deng, “Jianchi sixiang jiben yuanze” (“Uphold the Four Basic Principles”), in Deng Xiaoping wenxuan (Collected Writings of Deng Xiaoping) (Beijing: People's Press, 1983), at pp. 150–51.

59. See e.g. “Jianjue yonghu dang zhongyang guowuyuan juece” (“Firmly uphold the policy decision of the Party Centre and the State Council”), in Renmin ribao, 29 May 1989, p. 1 and “Jianjue yonghu zhongyang wei sudu zhenya fangeming baoluan zuochu de zhongda juece” (“Firmly uphold the major policy decision made by the Party Centre to quickly suppress the counter-revolutionary rebellion”), in Fazhi ribao (Legal System Daily), 7 June 1989, p. 1.

60. See Administrative Litigation Law of the PRC, Chapter 2.

61. Legal formalism may be conceived of as an approach that emphasizes doctrinal consistency and gives absolute precedence to objective performance of legal rules, institutions and processes regardless of the subjectively unjust results that ensue. For discussion of the origins and pitfalls of legal formalism, see Thomas C. Grey, “Langdell's orthodoxy,” in University of Pittsburgh Law Review, Vol. 5, No. 1 (Fall 1983), p. 1.

62. For example, the recently enacted Law on the Protecting the Rights and Interests of Women (1991) enumerates at length the extent of women's rights in China, even though it is widely established that the reality of women's lives fall significantly short of the ideal expressed in the law. See “Law protecting women's rights, interests,” Beijing Xinhua Domestic Service, 7 April 1991, translated in FBIS Daily Report – China, 14 April 1992, p. 17.

63. See Garside, Roger, Coming Alive: China After Mao (New York: McGraw-Hill, 1981), pp. 299et seq.

64. See Yaobang, Hu, “Create a new situation in all fields of socialist modernization,” in The Twelfth National Congress of the CPC (Beijing: Foreign Languages Press, 1982), at pp. 5052.

65. Yixun, Xing, “Power versus law,” in Chinese Literature, No. 6 (1980), pp. 3191.

66. See e.g. Ju, Guowuyuan Fazhi (State Council Bureau for the Legal System) (ed.), Lion zhengjianshe zhengcefagui xuanbian (Compilation of Policies, Laws and Regulations on the Establishment of Clean Government) (Beijing: Law Publishing House, 1989).

67. See “Mou xian shuini chang su mou diqu wujiaju an” (“A case involving a suit by a certain county cement factory against a certain district price bureau”), in Ying Songnian and Hu Jiansen, Zhong wai xingzheng anli xuanping, pp. 133–37.

68. “Mou fuzhuangchang bu fu Gong Shang wujia chufa an” (“A case involving a certain clothing factory refusing to comply with a penalty levied by the price penalty imposed by the state administration for industry and commerce”), in Gan Yusheng, Qiu Shi and Yang Kaimin, Xingzheng susong anli xuanbian, pp. 203–204.

69. See e.g. “Mou zhibu chang tou ji dao ba an” (“A speculation case involving a certain weaving factory”), in Gan Yusheng, Qiu Shi and Yang Kaimin, Xingzheng susong anli xuanbian, pp. 173–77 and 181–83. Lawyers and business managers in Beijing with whom this author spoke informally while resident in Beijing frequently complained that the policy of prosecuting tou ji dao ba cases was implemented inconsistently in order to settle political scores and/or protect favoured enterprises.

70. See Josephs, Hilary, Chinese Labor Law (London: Butterworths, 1990).

71. See “Provisional rules of the People's Republic of China on individual income adjustment tax” (25 September 1986), in CCH Australia Limited, China Laws for Foreign Business, para 30–524, pp. 37,905–37,911.

72. See “Discipline commission drafts rules for sanctions,” Xinhua English Service, 17 January 1990, in FBIS Daily Report - China, 18 January 1990, pp. 16–17.

73. See “Effectively strengthen the task of inspecting Party discipline,” in Renmin ribao, 25 March 1979, Beijing Xinhua Domestic Service, 24 March 1979, translated in FBIS Daily Report – China, 26 March 1979, p. L7.

74. See generally, Chiu, Hungdah, “The case of Wei Jingsheng, the pioneer of the democracy movement,” in Yang, Winston L. Y. and Wagner, Marsha L. (eds.), Tiananmen: China's Struggle for Democracy, Its Prelude, Development, Aftermath and Impact (Baltimore: University of Maryland Occasional Papers, 1990), pp. 722.

75. See for example A Great Trial in Chinese History (Beijing: New World Press, 1981), pp. 1–11, in which renowned anthropologist Fei Xiaotong (a victim of the Gang of Four who also served as a judge in the trial) concludes that the trial procedure was unique for its adherence to formal legal procedure and that the defendants received a just trial. Also see the prosecutor's report which refers to the defendants as criminal prior to the trial. Ibid, at p. 149.

76. See e.g. Chen Xitong, “Guanyu zhizhi dongluan he pingxi fangeming baoluan de qingkuang baogao.”

77. See “Beijing shi guanyu youxing shiwei de zanxing guiding.”

78. See e.g. “It is necessary to take a clearcut stand against disturbances,” Renmin ribao, 26 April 1989, translated in Oksenberg, Sullivan and Lambert, Beijing Spring 1989 at pp. 206–208.

79. See e.g. “Ren da changwei tan qianming shijian” (“The NPC Standing Committee discusses the signature affair”), Renmin ribao, 6 July 1989, p. 1. Also see Chen Xitong, “Guanyu zhizhi dongluan he pingxi fangeming baoluan de qingkuang baogao,” pp. 2–3.

80. See “Li Peng signs decree on compiling laws, concerns collections of laws, bans law compilations,” Beijing Xinhua Domestic Service, 4 August 1990, translated in FBIS Daily Report - China, 7 August 1990, p. 18.

81. See Conner, Alison W., ‘To get rich is precarious: regulation of private enterprise in thePeople'sRepublic of China,” in Journal of Chinese Law, Vol. 5, No. 1 (Spring 1991), p. 1; and Epstein, Edward J. and Lin, Ye, “Individual enterprise in contemporary urban China: a legal analysis of status and regulation,” in The International Lawyer, Vol. 21, No. 2(Spring 1987), p. 396, esp. pp. 412et seq.

82. See e.g. Guanghui, He, “Continue to deepen reform by centering on economic improvement and rectification,” in Zhongguo jingji tizhi gaige (Reform of the Chinese Economic Structure), No. 2 (1990), translated in FBISDaily Report – China, 23 March 1990, p. 21.

83. See generally, Zheng, Henry R., China's Civil and Commercial Law (Singapore: Butterworths (Asia), 1988), at pp. 45et seq.

84. See Potter, Pitman B., The Economic Contract Law of China: Legitimation and Contract Autonomy in the PRC (Seattle & London: University of Washington Press, 1992).

85. See Epstein, Edward J., “Evolution of China's General Principles of Civil Law,” in American Journal of Comparative Law, Vol. 34, No. 705 (1986).

86. See Economic Contract Law of the PRC, Articles 2 and 5.

87. See General Principles of Civil Law, Chapters 2 and 3 and Article 54.

88. See “Zhonghua renmin gongheguo gongzheng zanxing tiaoli” (“Provisional regulations of the PRC on notarization”) (13 April 1982), in Xinhua yuebao (New China Monthly), No. 6 (1982), pp. 42–43; and “Guanyu jingji hetong jianzheng de zanxing guiding” (“Provisional regulations on the certification of economic contracts”) (13 August 1985), in Zhongguofazhi bao (Chinese Legal System Gazette), 6 September 1985, p. 2.

89. See Economic Contract Law of the PRC, Articles 1,4 and 7; General Principles of Civil Law, Article 6.

90. See “Zhonghua renmin gongheguo siying qiye zanxing liaoli” (“Provisional regulations of the PRC for privately managed enterprises”), Articles 15 and 21, in Chubanshe Fagui Bianji, Falu she (Laws and Regulations Editorial Office of the Law Publishing House), Siying qiye changyong falu shouce (Handbook of Frequently Used Laws for Privately Managed Enterprises) (Beijing: Law Publishing House, 1988), at pp. 45. Also see “Gongsi dengji guanli zanxing guiding” (“Provisional regulations on the administration of company registration”), in Guanglei, Xu (ed.), Quanguoxing gongsi faren dengji guanli shiyong shouce (Practical Handbookfor Registration of National Company Juridical Persons) (Beijing: Law Publishing House, 1988), at pp. 165–68.

91. “Tianjin hexi qu fayuan gongkai shenli yiqi jingji jiufen an” (“The court in Tianjin's Hexi district publicly adjudicates an economic dispute case”), in Zhongguo fazhi bao, 4 February 1984, p. 2.

92. See e.g. “Guowuyuan guanyu zhengdun shichang zhixu jiaqiang wujia guanli de tongzhi” (“Notice of the State Council concerning rectifying market order and strengthening price administration”) (19 August 1987), in Zhonghua renmin gongheguo fagui xuanbian 19871 yue-12 yue, p. 498; “Zhonghua renmin gongheguo jiage guanli tiaoli” (“Regulations of the PRC on price administration”) (11 September 1987), in ibid. p. 501; “Guowuyuan guanyu jiaqiang wujia guanli yange kongzhi wujia shangzhang de jueding” (“Decision of the State Council concerning strengthening price administration and strictly controlling price increases”) (24 October 1988), in Zhonghua renmin gongheguo xin fagui huibian 1988 di son ji (New Laws and Regulations of the PRC: 1988 No. 3) (Beijing: Law Publishing House, 1988), p. 127.

93. See e.g. “Mou xian shuini chang su mou diqu wujiaju an” (“A case where the cement factory in a certain county sued the price bureau of a certain district”), in Ying Songnian and Hu Jiansen, Thong wai xingzheng anli xuanping, pp. 133–37; “Wujia chufa you zhengyi, suzhe fayuan bei shouzheng” (“A dispute over a pricing penalty, the plaintiff is corrected by the court”) and “Yancao gongsi shanzi tijia jiangjia bei fa an” (“A case where a tobacco company is fined for raising and lowering prices”), in Gan Yusheng, Qiu Shi and Yang Kaimin, Xingzheng susong anli xuanbian, pp. 307–309.

94. See e.g. “Mou shi dami chang su mou shi wujiaju an” (“A case where the rice factory in a certain city sued the price bureau of a certain city”), in Ying Songnian and Hu Jiansen, Thong wai xingzheng anli xuanping, pp. 137–140.

95. See “Jingji gongzuo xuyao lushi” (“Economic work requires lawyers”), in Thongguo fazhi bao, 16 April 1984, p. 2; “Qianding hetong yao hefa” (“The signing of contracts must be legal”), in Jingji ribao (Economy Daily), 8 March 1983, p. 2.

96. See “Tou ji dao ba xingzheng chufa zanxing tiaoli” (“Provisional regulations on administrative punishments for speculation”) (17 September 1987), in Thonghua renmin gongheguo fagui huibian: 1987 nian 1 yue—12 yue (Compilation of Laws and Regulations of the PRO. January-December, 1987) (Beijing: Law Publishing House, 1988), pp. 528–29.

97. See e.g. “Mou zhibu chang tou ji dao ba an” (“A case of speculation by a weaving factory”) in Gan Yusheng, Qiu Shi and Yang Kaimin, Xingzheng susong anli xuanbian, pp. 173–77; “Li Jiangan, Zhang Yongdong, Wang Huili, Wang Qinghai tou ji dao ba an” (“The speculation case involving Li Jiangan, Zhang Yongdong, Wang Huili, Wang Qinghai”) and “Liu Haoran touji dao ba, zhapian, xinghui an” (“The case of speculation, swindling and bribery of Liu Haoran”), in Thongguo falu nianjian 1988, pp. 591–93; “Du Tianfu, Sun Yanhua, Zhou Zhihua, Zhou Zhiyou, He Minggao tou ji dao ba an” (“The speculation case of Du Tianfu, Sun Yanhua, Zhou Zhihua, Zhou Zhiyou and He Minggao”), in Thongguo falu nianjian 1989 (Yearbook of Chinese Law 1989) (Beijing Law Publishing House, 1990), pp. 718–19.

98. See Gu Ming, “Guanyu ‘Zhonghua renmin gongheguo jingji hetong fa caoan’ de shuoming” (“Explanation of the ‘Draft Economic Contract Law of the PRC ”), in Zhongguo fazhi bao, 13 December 1981, p. 4.

99. See “Zuigao renmin fayuan guanyu shenli jingji jiufen anjian juti shiyong ‘Minshi susong fa (shixing)’ de ruogan wenti de jieda” (“Responses to questions by the Supreme People's Court concerning several issues in the specific use of the ‘(Draft) Civil Procedure Law’ in Handling Economic Disputes”) (21 July 1987), in Zhang Shouqiang, Hetong fagui yu hetong shiyang huibian, at pp. 959–960.

100. See “Zhonghua renmin gongheguo minshi susong fa (“Civil Procedure Law of the PRC”), ch. 8, in Zhonghua renmin gongheguo xin fagui huibian (Compilation of New Laws and Regulations of the PRC) (Beijing: Law Publishers, 1991), Vol. 2, at p. 22, et seq.

101. See e.g. “Zhonghua renmin gongheguo jingji hetong zhongcai tiaoli” (“Regulations of the PRC on arbitration in economic contracts”), in Zhonghua renmin gongheguo guowuyuan gongbao (Bulletin of the State Council of the PRC), 1983, p. 803.

102. See “Zuigao renmin fayuan guanyu jiaqiang jingji shenpan gongzuo de tongzhi” (“Notice of the Supreme People's Court concerning strengthening economic adjudication work”) and “Zuigao renmin fayuan guanyu shenli jingji jiufen anjian juti shiyong ‘Minshi susong fa (shixing)’ de ruogan wenti de jieda,” in Zhang Shouqiang, Hetong faguiyu hetong shiyang huibian, at pp. 927 and 956.

103. See “Shanghai gaoji renmin fayuan guanyu renmin fayuan zhixing minshi panjue xiang yinhang diaoqu dangshiren cunkuan wenti de tongzhi” (“Notice of the Shanghai High People's Court concerning people's courts enforcing civil decisions by notifying banks to transfer the accounts of litigants”) (29 February 1980), in Jiaocai Bianji Bu, Faxue (minshi susong fa ziliao xuanbian bianxuan zu) (Editorial and Compilation Group for the Compilation of Materials on Civil Procedure Law of the Legal Education Materials Editorial Office) (ed.), Minshi susong fa ziliao xuanbian (Compilation of Materials on Civil Procedure Law) (Beijing: Law Publishing House, 1987), p. 361.

104. See e.g. “Anyao xian, Yuanba xiang, Nuli xiang yiqian wubai liushijiu hu yaozhong jingying hu yu Anyao xian zhongzi gongsi shuiyao zhizhong gouxiao hetong jiufen” (“The dispute between 1,569 rice-planting households in Anyao county, Yuanba township and Nuli township and the Anyao County Seed Company over a rice paddy cultivation and sales contract”), in Zhonghua renmin gongheguo zui gao renmin fayuan gongbao (PRC Supreme People's Court Reports), No. 3 (1986), pp. 28–31.

105. See Economic Contract Law, Article 37. Also see “Zhengwuyuan caizheng jingji weiyuanhui guanyu jiguan, guoying qiye, hezuoshe qianding hetong qiyue zanxing banfa,” For examples of cases involving judicial repudiation of self-help measures, see e.g. “Chang qi maodun jiejue dangshi ge fang tongyi” (“A long-term contradiction is resolved, each of the parties is satisfied”), in Zhongguo fazhi bao (Chinese Legal System Gazette), 9 January 1981, p. 3; “Ben shi fayuan jiji kaizhan jingji shenpan gongzuo” (“This city's courts actively launch economic adjudication work”), in Jiefang ribao (Liberation Daily), 10 March 1984, p. 3; and “Zhe fen cai dian gouxiao hetong chengli ma” (“Was this contract for the purchase and sale of colour televisions ever created?”), in Wang Suiqi et al., Shiyong anli shouce, pp. 134–37.

106. See “Zui gao renmin fayuan guanyu guanche zhixing ‘Jingji hetong fa’ ruogan wenti de yijian” (“Opinion of the Supreme People's Court on certain questions of fully implementing the ‘Economic Contract Law’ ”) (17 September 1984), Article 2.2, in Zhang Shouqiang, Hetong fa gui yu hetong shiyang huibian, at p. 940.

107. See Economic Contract Law, Articles 29 and 51.

108. See “Shourangfang jieshou jishu fuzhu shishi, bu dei chaoyue ziji jing Gong Shang J Xingzheng Guanli Bumen hezhun dengji de shengchan jingying fanwei” (“The transferee I receives technical input, and should not overstep its own registered scope of production management received through examination and ratification by the Industrial and Commercial Administration Departments”), in You, Dan (ed.), Jingji fa anli xuan xi (Compilation and Analysis of Economic Law Cases) (Beijing: Law Publishers, 1990), p. 236.

109. “Jiekuan hetong de daikuanfang bixu shi yinhang, xinyong hezuo she” (“The lender in a loan contract must be a bank or credit co-operative”), in Dan You, Jingji fa anli xuan xi, p. 205. Many more cases exist, for example: “Gai faren meiyou zuzhuang he xiaoshou qiche de quanli nengli” (“This juridical person lacked the authority and capacity to assemble and sell automobiles”), in Wang Suiqi, etal., Shiyong anli shouce, pp. 22–24; “300 wanyuan jue susong au de shenli” (“The handling ofa three million yuan lawsuit”), in ibid. pp. 142–47; and “Faren chaoyue jingying fanwei suoding hetong wuxiao, bing ying chengdan you ci er yinqi de falu houguo” (“An executed contract which exceeds the juridical person's scope of business is invalid, but responsibility should be borne for the legal consequences which ensue”), in Shen Shaofang, Minfa anli xuanbian, pp. 2–5.

110. “Gong shang qiye faren bixu yizhao fa ding chengxu sheli” (“An industrial or commercial enterprise juridical person must comply with legal procedures for formation”), in Dan You, Jingji fa anli xuan xi, p. 1.

111. “Siying you xian zeren gongsi neng cheng wei faren ma?” (“Does a limited liability company constitute a legal person?”), in Wang Suiqi, et al, Shiyong anli shouce, pp. 33–35.

112. See Economic Contract Law of the PRC, Articles 4 and 7, and General Principles of Civil Law of the PRC, Articles 55 and 58.

113. See Economic Contract Law, Article 35. Also see “Zui gao renmin fayuan guanyu guanche ‘Jingji hetong fa’ ruogan wenti de yijian.”

114. See Economic Contract Law, Article 27(b). Also see “Tantan dui jingji hetong jiufen anjian de shenli” (“Discussion of adjudication of cases of economic contracts disputes”), in Faxue zazhi (Legal Studies Magazine), No. 6 (1982), p. 39; “Shanghai gangjichang peikuan er shi wan” (“The Shanghai Harbour Machinery Factory pays indemnity of 200,000”), in Jiefang ribao, 4 March 1983, p. 1; and “Jingji anjian zhong de luchi huodong” (“The activities of lawyers in economic cases”), in Faxue yanjiu (Studies in Law), No. 2 (1983), p. 44.

115. See Economic Contract Law, Ch. IV, and General Principles of Civil Law, Ch. VI. Cases applying these provisions include “Liu Bingzheng su Beijing shi Kangda chiche zhuangxiu chang zhuanli shishi xukezheng hetong jiufen an” (“The dispute case involving Liu Bingzheng suing Kangda Motorcar Repair Factory over a patent licensing contract”), in Zhonghua renmin gongheguo zui gao renminfayuan gongbao (PRC Supreme People's Court Reports), No. 3 (1989), pp. 26–28 and “Dan fang hui yue, ying chengdan weiyue zeren” (“Unilateral abrogation of a contract should bear liability for breach”), in Shen Shaofang, Minfa anli xuanbian, pp. 109–110.

116. “Faren chengli bixu fu hefa guiding de tiaojian” (“The creation of the juridical person must comply with the conditions of lawful regulations”), in Wang Suiqi et al., Shiyong anli shouce, pp. 20–22.

117. See “Gai faren maiyou zuzhuang he xiaoshou qiche de quanli nengli,” p. 22–24.

118. See General Principles of Civil Law, Article 114.

119. See e.g. “300 wan yuan ju'e susong an de shenli,” pp. 142–47 and ”Jiagong bianyaqi jufu jiakuan, ding zuofang yifa chang fu weiyuejin” (“Upon the manufacture of transformers there is a refusal to pay the cost, set the penalty payment to be made as lawful compensate by the person who did so”), in Wang Suiqi et al., Shiyong anli shouce, pp. 150–52.

120. See e.g. “Bu dang de li yinggai tuihuan” (“Unjust enrichment should be returned”), in ibid. pp. 103–105 and “Yinhang dui qi gongzuo renyuan yin guocuo zaocheng ta ren sunhai ying chengdan minshi zeren” (“The bank should bear liability for harm to a third person caused by mistake by its employee”) in ibid. pp. 127–28.

121. See e.g., “Nanjing shi Jiangpu xian gongcheng suliao chang yu ben chang chengxing chejian chengbao hetong jiufen” (“The dispute between the engineering plastics factory of Jiangpu county in Nanjing municipality and the factory's mould shop over a responsibility contract”) in Zhonghua renmin gongheguo zui gao renmin fayuan gongbao (PRC Supreme People's Court Reports), No. 1 (1985), pp. 27–29.

122. See e.g. Tyrene White, “Political reform and rural government,” in Davis and Vogel, Chinese Society on the Eve of Tiananmen, at pp. 57–60; Thomas P. Bernstein, “The limits of rural political reform,” in Falkenheim, Chinese Politics From Mao to Deng, at pp. 320–330; Hartford, “The political economy behind Beijing Spring,” pp. 57–58.

123. See e.g. “Gongya xian fayuan caijue yi qi hetong jiufen” (“The Gongya County Court arbitrates a contract dispute”), in Sichuan ribao (Sichuan Daily), 10 April 1984, p. 3 and “Fayuan caijue peichang sunshi” (“The court decides that losses should be compensated”) in Sichuan ribao, 18 April 1984, p. 3.

124. See “Nanjing zhong ji fayuan renzhen zuo hao jingji shenpan gongzuo” (“The Nanjing middle level court conscientiously does a good job in economic adjudication work”), in Renmin ribao, 24 June 1984. p. 4; and ”Changzhang tiaozou le, ta qiandiiTg de hetong shi fou wu xiao” (“When the factory director is transferred, are the contracts he signed invalid?”), in Minzhu yufazhi (Democracy and the Legal System), No. 3 (1984), p. 46.

125. See “Enterprises Revive Use of Special Connections,”Jingji cankao (Economic Reference), 2 July 1990, translated in FBIS Daily Report – China, 27 July 1990, pp. 25–26. Also see e.g. Thomas B. Gold, “Urban private business and social change,” in Davis and Vogel, Chinese Society on the Eve of Tiananmen, at p. 173.

126. Between 1981 and 1987, the number of contracts undergoing notarization increased from 80,000 (see “Qunian banli jingji hetong gongzheng ba wan jian” (“Last year notarization was handled for 80,000 economic contracts”), in Zhongguofazhi bao (Chinese Legal System Gazette), 5 February 1982, p. 1) to 1,896,752 (see Zhongguofalu nianjian 1988, p. 841.)

127. See e.g. “Fu jiechu tiaojian de minshi falu xingwei, suo fu tiaojian chengjiu shi jiechu minshi falu guanxi” (“The civil legal action that is the precondition in an addendum for cancellation, where the appended condition occurs, the civil legal relationship is extinguished”), in Wang Suiqi et al., Shiyong anli shouce, pp. 51–52.

128. See e.g. ”Gong shang fazhao xingzheng zhengyi an” (“An administrative case over issuance of a licence by the bureau for administration of industry and commerce”), in Yusheng, Gan, Shi, Qiu and Kaimin, Yang (eds.), Xingzheng susong anli xuanbian (Compilation of Administrative Litigation Cases) (Beijing: Economic Publishers, 1990), pp. 187–88.

129. A case that the author observed presented to the Shanghai High Level People's Court in August 1991 involved an effort by a joint operations company (lianying gongsi) to join as a defendant the county government with authority over a vessel dismantling company which failed to repay a debt owed the plaintiff, claiming that it had insufficient funds to do so. The plaintiff argued that by supervising through audits and otherwise the activities of the debtor, the government could have prevented the debtor from falling into this situation, and so should bear some liability. Notes on file with the author.

130. See Report on Hong Kong Informant No. 1: male, aged 50 when interviewed, native of Fujian, work in Guangdong oil company, arrived Hong Kong 1982; report on Hong Kong Informant No. 8: male, aged 47 when interviewed, native of Hunan, worked in Liaoning coal mine, arrived Hong Kong 1982; report on Hong Kong Informant No. 12: male, Overseas Chinese who returned to China, worked in Changhai machinery factory, arrived Hong Kong 1979; report on Hong Kong Informant No. 20: male, aged 34 when interviewed, native of Guangdong, worked in Yunnan tool company, arrived Hong Kong 1981; report on Hong Kong Informant No. 22; male, aged 50 when interviewed, native of Guangdong, worked in Sichuan marketing office, arrived Hong Kong 1982.

131. See Report on Hong Kong Informant No. 3: male, aged mid–40s when interviewed, native of Beijing, worked in Beijing Higher Level People's Court, arrived Hong Kong 1978; report on Hong Kong Informant No. 5: male, aged 45 when interviewed, native of Guangdong, worked in Qinghai procurate office, arrived Hong Kong 1980; report on Hong Kong Informant No. 7: male, aged late 30s, native of Guangdong, worked in Hainan tea market, arrived Hong Kong 1982; report on Hong Kong Informant No. 10: male, aged 43 when interviewed, native of Guangdong, worked in Xinjiang Public Security Bureau and in Guangdong people's congress, arrived Hong Kong 1980; report on Hong Kong Informant No. 18: male, aged 41 when interviewed, native of Guangdong, worked in Guangdong machinery factory, arrived Hong Kong 1982; report on Hong Kong Informant No. 19: male, aged mid–40s when interviewed, native of Sichuan, worked in Hangzhou machinery department, arrived Hong Kong 1983; report on Hong Kong Informant No. 27: male, aged 46 when interviewed, native of Beijing, worked in Beijing chemical factory, arrived Hong Kong 1979; report on Hong Kong Informant No. 29: male, aged 37 when interviewed, native of Guizhou, worked at provincial commerce office in Guizhou, arrived in Hong Kong 1982.

132. See generally Zweig, David, Hartford, Kathy, Feinerman, James, and Jianxu, Deng, “Law contracts, and economic modernization: lessons from the recent Chinese rural reforms,” in Stanford Journal of International Law, Vol. XXIII, No. 2 (1987), p. 319.

133. See “Economic sections established in People's Courts,” in FBIS Daily Report China, 26 March 1981, p. L2.

134. Zhongguofalu nianjian 1988, p. 816.

135. During 1987 and 1988, only 4.7% and 5.4% respectively of the claims submitted to mediation organs involved civil obligations, whereas during the same two years 37% and 43% respectively of the civil and economic cases submitted to the courts involved civil obligations and economic contracts. See Zhongguofalu nianjian 1988, pp. 816 and 841 and Zhongguo falu nianjian 1989 pp. 1081–82 and 1102.

136. Similar conclusions were reached in Ross, Lester, “The changing profile of dispute resolution in rural China: the case of Zouping county, Shandong,” in Stanford Journal of International Law, Vol. 26, No. 1 (Fall 1989), pp. 1566.

137. See e.g., “Jingji gongzuo xuyao lushi” (“Economic work requires lawyers”), in Zhongguofazhi bao (Chinese Legal System Gazette), 16 April 1984, p. 2 and “Jingji anjian zhong de lushi huodong” (“The activities of lawyers in economic cases”), in Faxue yanjiu (Legal Studies Research), No. 2 (1983), p. 44.

138. See e.g., “Zhongguo wuhan changjiang lunchuan gongsi haiyuan dui wai jishu fuwu gongsi su ba-na-ma suoda gelaite chuanyun youxian gongsi chuanyuan guyong hetong jiufen an” (“Case of an employment contract dispute between China Wuhan Changjiang Steamer Company, Haiyuan Foreign Technical Service Company vs. Soto Grande Shipping Corporation S. A. Panama”), in Zhonghua renmin gongheguo zui gao renminfayuan gongbao (Bulletin of the PRC Supreme People's Court), 1988, No. 1 (20 March 1988), p. 43.

139. See e.g. “Tuoqian huokuan ying fu weiyue zeren” (“There should be liability for breach on arrearage of payment”); “Yi qi 389.6 wan yuan de hetong jiufen anjian shi zen yang chuli I de” (“How a 3.896 million yuan contract dispute case is resolved”); and “Yunyong falu U shouduan baohu dangshi ren de hefa quanyi” (“Using legal means to safeguard the legal rights I and interests of the parties”), in Cunxue, Wang, Shuqing, Tian and Ning, Wei (eds.), Zen yang jiejue jingji hetong jiufen (How to Resolve Economic Contract Disputes) (Beijing: Chinese It Public Security University Press, 1987), pp. 323, 352 and 355.

140. See e.g. “Ju bu zhixing shengxiao tiaojie, fayuan yi fa kouya qiche” (“On refusal to carry out an effective mediation, the court lawfully seizes the automobiles”), in Wang Suiqi et al., Shiyong anli shouce.

141. See e.g. “Yin jiechu yuan hetong, bu shidang luxing xin xieyi yinqin jiufen” (“A dispute brought on by termination of a contract, and improper compliance with a new agreement”), in Wang Cunxue, Tian Shuqing and Wei Ning, Zen yang jiejue jingji hetong jiufen, p. 327.

142. The term ben wei zhuyi is used in China to describe attitudes that give priority to the interests of one's work unit (danwei) over and above those of individuals and groups not associated with it. See generally, Walder, Communist Neo-Traditionalism; and Bjorklund, E. M., “The dan wei: socio-spatial characteristics of work units in China's urban society,” in Economic Geography, Vol. 62, No. 1 (1986), p. 19; Gold, “Urban private business and social change,” at pp. 172–73.

143. See “Na jia chengbao geng heshi” (“That responsibility contract is more suitable”), in Fuguang, Ge and Youwei, Ji (eds.), Xingzheng anli 40 pian (Forty Administrative Cases) (Beijing: Mediation (juzhong) Publishing House, 1989), pp. 154–58, 302303.

144. See for example “Gongmin renwei xingzheng jiguan de juti xingzheng xingwei qinfan qi hefa quanyi, ke yifa tiqi xingzheng susong” (“A citizen who believes that the specific administrative act of an administrative organ has violated his legal rights and interests may file for administrative litigation according to law”), in Yongchen, Wang (ed.), “Xingzheng susong fa” Xijie, Anli(Analysis and Interpretation of Cases Under the Administrative Litigation Law) (Beijing: Guangming Daily Publishers, 1991), pp. 1618.

145. See e.g. “Lishi shang yiliu xialai de qi, qie dui zhangfu de yichan xiangyou pingdeng de jicheng chuanli” and “Hefa you xiao de lizhu shou falu baohu.”

146. Xizhe, Wang, “Proletarian dictatorship is humanitarian dictatorship,” in Siu, Helen F. and Stern, Zelda (eds.), Mao's Harvest: Voices from China's New Generation (New York & Oxford: Oxford University Press, 1983), pp. 210–19; and Bing, Ling, “The rights of man,” in Goodman, David S. G. (ed.), Beijing Street Voices: The Poetry and Politics of China's Democracy Movement (London: Marion Boyars, 1981), at p. 150.

147. See Jingsheng, Wei, “The fifth modernization: democracy,” in Leys, Simon, The Burning Forest: Essays on Chinese Culture and Politics (New York: Henry Holt, 1987), at pp. 224, 234et seq.

148. Commentator, Zeren, “Democracy and legality are safeguards of stability and unity,” in Benton, Gregor (ed.), Wild Lilies Poisonous Weeds: Dissident Voices from People's China (London: Pluto Press, 1982), pp. 7477.

149. See e.g. Gong Bo, “The wind rises from among the duckweed: Elections at Beijing University,” in ibid. pp. 89,93; “The student movement in Hunan,” in ibid. p. 106; and “Liu Qing is innocent, the Public Security Bureau is breaking the law,” in ibid. p. 142.

150. See Ruoshui, Wang, “Wo dao rendao zhuyi wenti de kanfa” (“My views on the problems of humanism”), in Ruoshui, Wang, Wei rendao zhuyi bianhu (In Defence of Humanism) (Beijing: San Lian Publishers, 1986) pp. 239274.

151. See letter dated 9 April 1989 from a student at Wuhan University to Guoqing yanjiu (Studies in the National Situation), in Duzhe lai xin xuanbian (Compilation of Letters from Readers), May 1989, at p. 26.

152. See Zhang Xinxin and Sang Ye, Chinese Lives. Recognition of the reality of political inequality was expressed by inter alia, an individual pedlar (p. 5); small business family (p. 8); an editor (p. 74); a lawyer (p. 189); and an instructor in Marxism (p. 276). Even the former prostitute (p. 31) who asserts that everyone in China is equal defers to the political authority of the state.

153. See e.g. Zhu, Jianhua, Zhao, Xinshu and Li, Hairong, “Public political consciousness in China: an empirical profile,” in Asian Survey, Vol. XXX, No. 10 (October 1990), pp. 9921006.

154. See e.g. Han Minzhu, Cries For Democracy, pp. 333, et seq., in which Deng is critically portrayed as a new Yuan Shikai (who attempted to have himself declared emperor following the 1911 revolution).

155. For discussion of “neo-authoritarianism,” see Oksenberg, Sullivan and Lambert, Beijing Spring 1989 pp. 123–149. Also see Rosen, Stanley and Zou, Gary (eds.), “The Chinese debate on new authoritarianism (I–IV)” in Chinese Law and Government, Fall 1990 Fall 1991.

156. See handbill entitled “Zhongguo zhengfa daxue quanti jiao shi gong jinji huyu shu” (“Urgent appeal from all teachers, staff and workers at Chinese University of Politics and it Law”), issued by the Congress of Teachers, Staff and Workers of Chinese University of Politics and Law, 18 May 1989 (copy on file with the author), in which appeal is made for an emergency meeting of the NPC Standing Committee. The proponents of these legal arguments were attacked for using legal methods for illegal purposes. See “Ren Da Changwei Tan Qianming Shijian” (“The NPC Standing Committee discusses the signature affair”), Renmin ribao, 6 July 1989, p. 1. Also see Li Hong, “Discovery in democracy – criticizing Hu Jiwei,” in Renmin ribao, 27 December 1990, p. 6, translated in FBIS Daily Report – China, 31 December 1990, pp. 32–33.

157. See e.g. “An open letter to the Central Committee of the Chinese Communist Party and the State Council of China,” in Han Minzhu, Cries for Democracy, pp. 50, 54–55.

158. See “A memorial and testament to the privileged class,” in ibid. pp. 41–42. Also see “The builder,” in Zhang Xinxin and Sang Ye, Chinese Lives, at p. 93.

159. See e.g. letter dated 19 February 1989 from a science and technology worker at the Tangshan Coal Industry Scientific Research Department in Guoqing yanjiu (Studies in the National Situation), Duzhe lai xin xuanbian (Compilation of Letters From Readers), May 1989, pp. 2–11, at p. 6. Also see “What do we oppose, what do we need,” in Han Minzhu, Cries for Democracy, at p. 32. Even among the entrepreneurial classes who have benefited from regime policies, there are indications of concern over unequal access to opportunity. See 5 e.g. “Ten thousand yuan” in Zhang Xinxin and Sang Ye, Chinese Lives p. 9.

160. See “Soldiers, look how profiteering by government officials is eating you up,” in Han Minzhu, Cries for Democracy, pp. 28–31.

161. See “Yi jian nongye chengbao hetong jiufen an” (“A case of an agricultural responsibility contract dispute”), in Zhongguo fazhi boo (Chinese Legal System Gazette), 18 April 1984, p. 3; “Zhuanye hu de rizi yue guo yue hong huo” (“The life of specialized households is becoming exceedingly prosperous”), in Zhongguo fazhi bao, 2 March 1984, p. 1; and “Yibin xian wei yansu chuli yi qi qiangzhan baodi shijiarf’ (“The Yibin County Committee seriously handles a matter of the seizure of contract land”), in Sichuan ribao, 26 January 1983, p. 2.

162. See “Yin jia fayuan renzhen shenli bu luxing hetong an” (“The Yinjia Court conscientiously adjudicates a case of non-performance of contract”), in Zhongguofazhi bao, 29 July 1983, p. 2.

163. See e.g. Leo Orleans, “Loss and misuse of China's cultivated land,” in China's Economic Dilemmas in the 1990s: The Problems of Reforms, Moderization, and Interdependence (Washington, D.C.: U.S. Government Printing Office, 1991), p. 402, at pp. 409, et seq.

164. “There's a housing shortage in Beijing…,” in Goodman, Beijing Street Voices, p. 94. See “A memorial and testament to the privileged class,” in Han Minzhu, Cries for Democracy, pp. 41–42.

165. See e.g., letter dated 19 February 1989 from a science and technology worker at the Tangshan Coal Industry Scientific Research Department, at p. 10; and “An open letter to the Central Committee of the Chinese Communist Party and the State Council of China,” in Han Minzhu, Cries for Democracy, pp. 50, 54. In addition to general complaints about abuse of position (see Sichuan gongren ribao (Sichuan Workers Daily), “Duzhe lai xin zhai bian” (“Compilation of selected letters from readers”), No. 98 (3 March 1986)). Complaints about failure to comply with election results have also been common. See Sichuan gongren ribao “Duzhe lai xin zhai bian,” No. 100 (16 April 1986).

166. For discussion of the attitudes of Tiananmen demonstrators regarding the lenient treatment applied to Party members who commit crimes, see Shen Tong, with Marianne Yeh, Almost A Revolution (Boston: Houghton Mifflin, 1990), at p. 125.

167. See e.g. Report on Hong Kong Informant No. 3: male aged mid-40s when interviewed, native of Beijing, graduate of Beijing University, worked as investigator for Beijing Higher Level People's Court, arrived Hong Kong 1978, who asserted that courts would not dare to challenge officials from organs at higher levels. Also see Report on Hong Kong Informant No. 29: male age 37 when interviewed, native of Guizhou, worked as head of university economic research office, arrived in Hong Kong 1982, who pointed out that courts have inferior political position and would not dare to challenge ministerial officials. Interview notes on file with the author.

168. See e.g. Jin He, “Second encounter,” in Siu and Stern, Mao'sJiarvest, pp. 179–198.

169. See e.g. Benton, Wild Lilies Poisonous Weeds, pp. 135, 140, 146–47.

170. See generally, Han Minzhu, Cries for Democracy, ch. 5.

171. See “Guo Luoji konggao Li Tieying” (“Guo Luoji sues Li Tieying”), in Zhongguo zhi chun (China Spring), March 1992, p. 9; “Guo Luoji de shangsu zhuang” (“Guo Luoji's appeal”), in Zhongguo zhi chun. May 1992, p. 44; “Former Culture Minister accuses paper of slander,” in Xin bao. (HK), 28–30 October 1991, in FBIS Daily Report – China, 4 November 1991, pp. 41–43; “Former Culture Minister's complaint rejected,” in South China Morning Post, 23 October 1991, p. 10; and “Former Culture Minister Wang Meng at art festival,” Hong Kong AFP, 23 January 1992, in FBIS Daily Report China, 28 January 1992, p. 32. Wang Juntao's suit was filed in March 1992 against the Qincheng prison authorities for abuses suffered during his imprisonment. Hand-written copy of complaint on file with the author. For a particularly useful analysis of these cases and the challenge they pose for regime legitimacy, see William P. Alford, “Double-edged swords cut both ways: law and legitimacy in the People's Republic of China as exemplified in the cases of Wang Meng, Dai Qing, Guo Luoji, Wang Juntao, and Chen Ziming” (unpublished manuscript, 1992).

172. See generally, Joint Fxonomic Committee of Congress (ed.), China's Economic Dilemmas in the 1990s: The Problems of Reforms, Moderization and Interdependence (Washington, D.C.: U.S. Government Printing Office, 1991).

173. See e.g. the television series, On the Road: A Century of Marxism, broadcast in August 1990, and the CPC Party History Research Centre's Advance Along the Road to Socialism With Chinese Characteristics (Beijing: 1991).

* This article is based on a paper presented to the International Conference on Values in Chinese Societies: Retrospect and Prospect, Centre for Chinese Studies, Taipei, 23–26 May 1991.1 would like to thank Professors Joel Bakan, H. B. Chamberlain, Michael Schoenhals, and J. C. Smith for their helpful comments.

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