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If the Beijing Olympic Games are the coming out party for a Chinese Communist leadership eager to showcase the country’s achievement and aspirations, many zealous party crashers have announced their early arrival.
From the usual suspects like Reporters Without Borders and Human Rights Watch to the unusual alliance of Nobel laureates, U.S. law makers, and Hollywood celebrities, the rallying cry for detractors has been China’s human rights violations at home and abroad.
For the better part of the past year, most of the international media attention and political debate has focused on high-profile, highly charged cases involving Sudan, Tibet, and the torch relay itself. Less visible to international audiences (and, likely, to future Olympic visitors), however, is another kind of rights activism.
Understanding the struggles over rights and the law itself provides a fascinating window into contemporary China.
Without any national organizations or charismatic public leaders, a quiet “rights revolution” is taking shape among ordinary Chinese people whose everyday lives have been radically, and in many cases adversely, transformed by three decades of market reform. What the Chinese call weiquan, meaning “the protection of lawful rights,” has become a generalized social movement commanding intense passion in many quarters of Chinese society.
Weiquan is invoked constantly in different kinds of public discussions, including newspaper headlines, academic writings, and everyday conversations. Rather than appealing to the purportedly universal notion of human rights, Chinese citizens demand the specific rights—labor rights, property rights, and land rights—enshrined in various Chinese laws.
The rights activism of weiquan is profoundly transforming Chinese society, the Chinese state, and the relationships between them. With the state simultaneously promoting rights and restricting them (if not violating them altogether), and with society itself deeply contentious and in constant change, the outcomes of all this are far from clear. But a better understanding of how rights—and the law itself—are being constructed and struggled over provides a fascinating window into contemporary China.
the challenges of legal revolution
The Chinese leadership has repeatedly insisted that “ruling the country according to the law” (yifazhiguo) is a key principle of government in the reform era. Written into the constitution in 1999, all major party announcements and government reports invoke the “rule of law,” and in the past 25 years, more than 400 pieces of legislation, 1,000 administrative acts, 10,000 local rules and regulations, and 30,000 administrative procedures have been enacted or amended. To appreciate just how phenomenal this legislative explosion has been, consider that during the Cultural Revolution from 1966 to 1976 the government passed only nine laws.
That this legal proliferation has occurred alongside China’s spectacular economic development is not coincidental. But more than just the imperative of the market economy motivates the turn to the law. The legitimation of one-party authoritarianism is another major concern for the Chinese Communist government.
Popular support for the ruling regime was strong in the first two decades of market reform, but in recent years discontent about social injustice, wealth, and power gaps has fueled social unrest. The central government therefore now emphasizes legality and a wide range of “rights” for citizens as a means of ensuring a harmonious and just society. This new configuration has been the basis of rights claims made by aggrieved Chinese citizens. Outside China, globalization of legal norms and practices has also reinforced the practical need for and the legitimating functions of Chinese law reform.
If the central government in Beijing pursues legal reform to bolster its authoritarian rule, however, the implementation of law and protection of actual citizens’ rights face formidable obstacles at the local level.
The top priority of local governments—those at or below the provincial levels—is accumulation of revenue and resources rather than legal reform. Partly this is the result of the central government’s strategy of economic and fiscal decentralization. By allowing revenue retention at the provincial and local levels, the central leadership has prodded entrenched vested interests among provincial officials to promote and sustain the reform drive. But fiscal decentralization has also generated powerful financial incentives for local governments and government officials to collude with employers, investors, and land developers in violation of citizens’ lawful rights. Since the Chinese judiciary is also decentralized, with local governments funding and employing court personnel, local courts are often beholden to the capricious dictates and interventions of local officials.
Filling the gap between laws promulgated by Beijing and lawlessness at the local level is the precarious crucible of rights activism being forged by Chinese citizens. Navigating fluid political spaces, Chinese workers, homeowners, and farmers are using strategies ranging from petitions to government bureaucracies, new civil associations, and public protests to work both within and against emerging systems of law and legality in contemporary Chinese society.