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Transcript of CHINA
CIVIL LIBERTIES/ CIVIL RIGHTS
Branches of Government:
The Judicial Branch
President of the People's Republic of China
(Head of State)- XI JINPING
Premier leader of the State Council
(Head of Government)- LI KEQIANG
National People’s Congress (NPC)
2,987 members (Dominated by the
communist party of China)
Judicial System based on civil law, loosely modeled after Germany and France.
Under China’s system of authoritarian rule, the law is subject to the leaders, not the other way around.
Criminal code existed prior to 1978:
- Many factors
- Gross Domestic Product at Purchasing Power Parity: $9.240 Trillion (U.S. Dollars)
- China’s Population approx. 1.357 Billion
- GDP per Capita – $11,904 (2010-2014)
-Comparison to Russian Federation GDP – $2.097 Trillion (2010)
- Gini Index China – 42.1 (2010)
Scale from 0 – 100
- Human Development Index
- Based off a multitude of traits: Health, Education, Co2 Pollution, Wealth of Population, Population size, and poverty are some of the traits
- China ranked – 93rd
- Hong Kong ranked – 15th
- Russia ranked – 57th
The Chinese Communist Party (CCP
- Founded in 1921
- Marxism and Leninism as its guiding ideology
Membership in the CCP
- Essential for acquiring political influence and status
- In 2011, more than 80 million registered members
- Between 2 to 3 million accepted every year
Restriction and Social benefits under Mao Zedong
– Danwei (Workunit system)
– Chinese citizens were given specific jobs that dictated all aspects of their lives.
– Hokou (Household registration system)
– Reinforced Danwei system
– Designated all Chinese to a particular geographic location
– Firmly enforced for decades until the implementation of Reform and Opening Policy
– Shows historical state controlled restrictions over its peoples
– Today Choices of Chinese are governed more by free market and less by party-state
Government's Reaction Towards Opposition
– Constitution implemented in 1982
– Government's violent reaction to student protests at Tienanmen Square (1989)
– Called for political reforms
– Hundreds of protests were killed
– Shows intolerance of opposition, even it if drastically hinders the documented rights of
– Partystate always prevails over institutionalized government policy
Government's Reaction Towards Opposition
– Government launch repression campaigns against Falun Gong movement
– Silent protest of 10,000 protestors at Bejing in 1999 resulted in 5,000 arrested
– Many tortured and executed
– These portray extreme cases, but show the consequences of organized opposition to the
Chinese Communist Party
Constitution of the People's Republic of China
– Contains basic civil liberties and rights
– Article 35 constitutes that Chinese citizens “freedom of speech, of the press, of
assembly, of association, of procession and of demonstration.” Also have the right to petition the state.
Reforms and Failures of Judiciary
– No criminal codes prior to 1978
– Judicial System Newer Failing to uphold rights of Chinese peoples
– Extensive and unnecessary incarceration
– Eagerness to employ capital punishment
Chinese Citizens Lives Today
– Reform and Opening policy Expanding rights of people and slowly weakening the
– Technological Surveillance New 21
social control and implement censorship
st century innovation Attempt to control and maintain
The Upper Class
- Those with money and power have the ability to “buy” a better lifestyle, “buy” better health care and to “buy” a better position within the community.
How Money runs a country
- Powerful and wealthy leadership
- Those in power have the luxury of living more of a Capitalistic lifestyle
- The murders surrounding the Tiananmen Square protests are a stark reminder of the brutal control Communist leadership has over it’s people.
- Even though Chinese leadership has attempts to improve it’s image on the international stage, it’s human rights policies still lag way behind most other first world countries.
Why is China one of the last successful communist state?
- Large Territory
- Exceeding population
- Largest Economy
History of Chinese Regimes
- Qing Dynasty (1644-1912)
- Unable to meet the military and cultural challenge of the expansive West
- Forced into Modernization(Last Emperor)
- Republic Period (1912-1949)
- Weak Central Governmnet
- Domestic revolts and the Japanese occupation stirred the state.
- People's Republic of China (1949-Present)
- Post World War II
- 'Red China'
People's Republic of China
- Socialist transformation under Mao Zedong
(Great Leap Forward & Cultural Revolution)
- Mao's death in 1976 created a question of leadership
- Deng Xiaoping took control
- Economic Reforms
- Openness to Western
- The history of China goes back to the ancient civilization, with different western powers carving out "spheres of influence” in Chinese
-China had the largest and most complex economy in the world for most of the past two thousand years, during which it has seen cycles of prosperity and decline.
- The First and Second Opium Wars (1839-42 and 1856-60)
- First Sino-Japanese War
- The Republic of China (ROC) overthrows the last dynasty in 1911
-The People’s Republic of China (PRC)
- China as a large world power
The CCP focuses on…
- Political principles
- Political orientation
- Major issues
- Important officials to government bodies
- Hear and examine reports
- Discuss and decide the major issues
- Elect new central committee and new commission for discipline inspection
- Implements decisions of the national congress
- Exercises leadership
- Represents party in foreign affairs
Politburo of the Central and Standing Committee
- Exercises the functions and powers when the latter is not in session
- Convening meetings of the politburo of the central and standing committee
Central Military Commission
- Highest military leading body
Central Commission for discipline inspection
- Responsible for supervision and inspection
- From 1949 to 1977, China adopted a Soviet-style Communist political economic model.
- Promising “Iron Rice Bowl”
- Retaining state owner ship of all property
- Full control of the economy through the central plan
- Between 1949~1952 mobilized the economy to recover from civil war and war with Japan
- By 1952 Developing the Agriculture(Mao’s Agrarian roots of the Chinese revolution)
- Great Leap Forward(Policy of Reds Versus Experts)
- By late 1978, under the leadership of Deong Xioaping economic reform began
- House Hold Responsibility System
- Industries were decentralized
- By the 1980s, private industry was permitted
- State eliminated price controls
- Creating a Special Economic Zone
- During the 1990s, CCP devolved economic decision-making authority to business.
Rapid Growth Brings Challenges
1. First Problem- Chian’s enterprise have become more profit oriented (No Iron Rice Bowl)
Unemployment rise up and Lack of equality
Products are unsafe often
2. Second problem- Special Economic Zone’s aftereffect
Gap between rich and poor/Gap between urban and rural
Half of Chinese steal live in the country side
Prices for agricultural good are low but taxes are high
School is expensive
Health care is poor
3. Third problem- Rapid development created huge resources shortages and environmental damage
Half a billion Chinese are in danger of drinking clean water and breathing safe air
A fourth of the country is desert and three fourths of its frests have disappeared
State Capitalism and Foreign investment
- 21st Century, Communist China’s economy is capitalist(reformation in the past two decades)
- SOEs Development
- Nurture infant industries in key sectors with their state owned bank
- Although, this government practice led to inefficiency, corruption and surplus labor
- Beijing Consensus(Neo-mercantalisat Development)
- China’s economy is freer than Russia’s economy but is still more restricted than the other western countries
CHINESE LEGAL CULTURE
Defining the state:
State- The organization that maintains a monopoly of violence over a territory
· The state is defined as a monopoly of force over a given territory, but it is also the set of political institutions that helps create and implement policies and resolve conflict.
Became a weak state by the nineteenth century, lacking both the capacity and autonomy to resist Western imperialism à China’s early development and later weakness are closely related
The establishment and consolidation of a communist regime (The CCP), was forged during World War II, and its assets were its organizational strength and a hard-earned reservoir of public legitimacy
State capacity was devolved because Mao believed revolutionary change could be achieved by putting responsibility directly into the hands of the masses.
When Mao made himself the charismatic center of all authority and wisdom the result was years of chaos and violence among various factions of the state, society, and the CCP. State capacity and autonomy largely disappeared. The only remaining institution having any authority, the PLA, was finally used to restore order.
under Mao Zedong, the state attempted to shape China’s traditional political culture
since Mao Zedong's death, The Communist idea has waned especially as a capitalist economy grew
PRC has been called a post-Communist and post-ideological society
“poor and blank” population needed the makeover of political culture
traditional Chinese political culture was far more resilient than expected
rigid and hierarchical imperial system of an Authoritarian government
Administration of examinations
elevated average age of party leaders
traditional paternalism of Chinese politics
Significant Influences of the Political Culture
and Ideology of China
system guided by pragmatism
all-important economic growth.
unlikeliness of taking an alternative road
imposed a strict moral code and to foster “correct” thought
hierarchy and social harmony
revolutionary prosperity = a “new socialist man” and an alteration in way of thought
collective over the individual
loyalty to a larger body
The Atlantic : Students in school uniforms link their arms to form the flag of the Communist Party of China, in celebration of the party's upcoming 90th anniversary during a photo call at a primary school in Dexing, Jiangxi province, on June 20, 2011.
- According to IMF, China ‘s GDP is expected to increase by 7.7% over the last year.
- In spite of global recession, China still maintains a high rate of growth in comparison with other countries.
- It is an unquestionable fact that China is in rapid economic growth and has risen as a global economic power. However, does GDP bring happiness? If it does, China must be
-The second happiest country in the world as much as its GDP.
What is happiness?
What makes you happy?
1. food, clothing and shelter= Social welfare
Since we learned from Andrus, we already know that north Europe
countries have great welfare system. So, they are likely to be highly
placed in happiness index. ?? What about China?
Even though China is the second biggest country in global economic, China’s GDP does not bring happiness to Chinese. One reason is China has slant social welfare in comparison other developed countries. (United States of America and Europe)
Second reason is China is now enthusiastic to make stake bigger rather than share it; thus, a gap between the rich and poor is getting wider.
Actually, it is impossible to evaluate a degree of happiness. Happiness comes from ignorance because human greed is like filling a bottomless Vessel.
“As much as you know, you will be unhappy”
Absolutely, the American continent, Oceania and Europe are highly ranked.
I got an inductive reference from this. “There is a correlation between happiness and social welfare”. Good job.
Whereas, China seems to be unhappy. It means that China is busy to achieve high economic growth otherwise, China has scanty social welfare. It is true.
Another necessary condition to be happy is equality. Then, socialism countries which first pursue equality are happy? * China- partial opening of the market
China has been scored as unequal country with other socialism countries.
In spite of the fact that socialism pursue equality, those countries are poor performer at equality test. Cuba and north Korea might be shame to share their information.
- Law is seen as a mechanism to achieve policy goals and objectives, not something instrumental in maintaining social order and justice
- Even after communist revolution, the instrumental role to be played by law continued
- Macro vs. Micro view of law
Origins of this view: intrinsic within the traditional philosophy of Confucianism
- Not destructive to the social cohesion of the country. People may be resentful of one or another policy decision, but not of the right of the authorities to make it
- Moving towards new rule of law model to help lay a claim to a policy instrument that will facilitate modernization and accumulation
- Any reference to law strengthens the Communist Party’s ability to justify its actions and to extend the operation of the free market in China.
Formalism: a vision of law as a set of rigid rules
-Chinese literature has mostly speculative interpretation of formalism in China, so it seems to now be a feature of formal Party policy and of the ideology, while everyday life has evolved into an informal web of social relationships where formalistic interpretations do not pose an issue.
- Informal networking practices (guānxi): the use of personal connections and informal relationships to circumvent bureaucracy, shortening a lengthy supply chain, or overcoming business competition
Two views of guānxi:
Three “zones” of guānxi:
• Formal Mediation: typical means of dispute resolution
- Preference for mediation rather than adjudication was sustained, even at the level of official government policy