GOVERNMENT AND POLITICS OF CHINA POLS 442/ JSISa 4 08

1. GOVERNMENT AND POLITICS OF CHINA POLS 442/JSISa 408 Susan Whiting, Ph.D. Associate Professor, University of Washington, Seattle

2. Introduction

3. Introducing my current research(“What I did on my summer vacation”) • When Does Law Matter? • Perspectives on “Rule of Law” in China

4. Two Motivating Questions • Why has an authoritarian regime led by the Chinese Communist Party promoted the “rule of law”? • When an authoritarian regime does promote the “rule-of-law,” are citizens empowered?

5. 1: Why promote “rule of law”? • Political legitimacy • Provide rationale for supporting the regime based on predictable, transparent rules and procedures to govern society • Social stability • Channel and control expression of citizen grievances • Policy implementation • Better monitor the state’s own officials to elicit compliance with central policy • Economic growth • Promote investment by securing property rights and enforcing contracts • International engagement • Facilitate international engagement by aligning more closely with international discourse, norms and practices

6. 1: Why promote “rule of law”? Political legitimacy Provide rationale for supporting the regime based on predictable, transparent rules and procedures to govern society Social stability Channel and control expression of citizen grievances Policy implementation Better monitor the state’s own officials to elicit compliance with central policy Economic growth Promote investment by securing property rights and enforcing contracts International engagement Facilitate international engagement by aligning more closely with international discourse, norms and practices 6

7. Why Promote “Rule of Law”?Social stability, among other reasons A protester is dragged away from an industrial park, the site of a 2006 land dispute. (AP photo)

8. Why Promote “Rule of Law”?Social stability, among other reasons

9. Promoting the “Rule of Law” • Major investments by • World Bank, United Nations, International NGOs • Billions $ in the developing world, including China • Chinese state

10. China’s “Rule of Law” Initiative:Promoted at the Highest Levels 10 • 1996 CCP General Secretary Jiang Zemin • China is “building a socialist rule of law state” • 1999 Constitutional amendment • “The People’s Republic of China exercises the rule of law, building a socialist country governed according to law”

11. China’s “Rule of Law” Initiative:Explosion of new legislation • Passage of laws by National People’s Congress • Across issue areas • Land law, for example • Land Management Law (1998, revised 2004) • Rural Land Contracting Law (2002) • Property Law (2007) • Labor • Environment

12. China’s “Rule of Law” Initiative: Training of legal professionals expanded

13. China’s “Rule of Law” Initiative: Training of legal professionals expanded

14. China’s “Rule of Law” Initiative: Training of legal professionals expanded • Law graduates as of 2006 • Bachelor’s  186,000/year (5% of all graduates) • Master’s and Doctoral  19,000/year (9% of all) • Law schools increased from 2 in 1978 to 640 now

15. China’s “Rule of Law” Initiative: Growing legal profession • Lawyers • Licensed, working in law firms full time 1983 8,600 2005 103,000 2009 150,000 licensed lawyers Note—very low pass rate on bar • Highly concentrated in major cities

16. China’s “Rule of Law” Initiative: Legal profession in comparative context • Speed of China’s legal development impressive • China vs. Korea • Income per capita, 2002 • China US $ 960 • Korea US $11,280 • Lawyers per 10 thousand population, 2002 • China 1: 9,510 • Korea 1: 9,383 • Shanghai alone had more than 6,000 lawyers in 592 law firms • Nationwide, Korea had 6,273 lawyers in 258 law firms 16

17. China’s “Rule of Law” Initiative:Central elites divided on “rule of law” 17 • Tensions, paradoxes • Supreme People’s Court President Wang Shengjun • No legal training • Background in public security

18. China’s “Rule of Law” Initiative:Legal professionals push boundaries • Ideological tug-of-war • Emerging cadre of public interest lawyers • Push the boundaries of acceptable advocacy • Farmers who lose their land • Victims of pollution… • State-controlled bar • Ministry of Justice administers bar exam, certifies lawyers, licenses firms annually

19. China’s “Rule of Law” Initiative:Judges and courts improving 19 • Better trained judges • New court houses • But, courts subordinate to local party-state • No tenure for judges • Local governments control funding • Local party committee and party political-legal committee have influence over • Court personnel • Acceptance of cases • Handling of cases

20. China’s “Rule of Law” Initiative:Citizen legal consciousness promoted • Active government promotion of laws through public media

21. Two Motivating Questions • Why promote “rule of law”? • Multiple motivations for China’s “rule of law” initiative • Major investment in “rule of law” initiative by Chinese state • Next, are citizens empowered by the “rule of law”?

22. 2: Are Citizens Empowered? • To answer this question, case study of cotton-growing community in central China

23. Are Citizens Empowered?What kind of legal issues do they face? • Land • Most valuable asset of farm households • Land disputes—“focal problem of rural China” • Background • Land in urban areas: owned by state • Land in rural areas: owned by village collectives • Rural land is used exclusively for agriculture and rural housing • To develop industry or commercial real estate, land must be converted to state land first

24. Are Citizens Empowered?What kind of legal issues do they face? 14% of households in case study experienced land disputes Multiple types of land disputes

25. Are Citizens Empowered?Land rights are established in law • Rights to 30-year land-use tenure for farmers • Equal land rights for rural men and women • No rights for farmers to sell land for non-agricultural uses • Procedural guarantees in government land takings for non-agricultural uses • Development of arable land for industrial parks, real estate subject to higher-level approval and urban planning processes • Compensation standards set by state • Rights for farmers to sue in court to enforce laws, with legal aid—if needed

26. Are Citizens Empowered?Citizens do learn about their rights

27. Are Citizens Empowered?Citizens do learn about their rights

28. Are Citizens Empowered?Obstacles to protecting their rights • Local officials have powerful incentives to violate farmers’ rights • Rights to land • Rights to compensation for land in context of government land takings • Fiscal incentives • Government sales of “requisitioned” farmland—biggest source of government “off-budget” revenue • 615 billion rmb, 3-4% of GDP (2004 estimate) • “Important and increasing role of land sales as a source of local finance” • Shades into corruption • Career incentives • Attracting investment big career booster • Key to promotion for local officials • Targets for attracting investment • Reduce compensation, offer “cheap” land to lure investors

29. Are citizens empowered? Sources of grievances over land takings • Illegal land takings • Unapproved, no urban planning process • Inadequate/unpaid compensation for land taken

30. Are Citizens Empowered?Government taking of farmers’ land #1 • 2006 14 mu (small) land taking for factory in industrial park • Each level of local government kept 10s-100 thousand RMB in revenue from land development • Only 40/71 households received cash compensation • Average household compensation ~6,000 RMB = 800 US$ • Per capita net income ~4,000 RMB = 5-600 US$ • Only a few got jobs in new factory

31. Are Citizens Empowered?Government taking of farmers’ land #1 • Some households excluded • From cash compensation • From readjustment of remaining farmland • From jobs • Who is excluded? • Especially married daughters and their families living in natal village • Leads to lawsuits over land takings compensation

32. Are Citizens Empowered? Possible channels for dispute resolution Direct negotiation Mediation Petition Arbitration Litigation* *venue where law likely to matter most Other People’s Congress Media Protest/Demonstration Violence 32

33. Are Citizens Empowered?Exercising the right to sue in court • Disposition of court in woman’s land claim • Mixed picture—some women successful; others not • Example in case study • Court refused to accept case • Court acknowledged right of plaintiff to sue • Court claimed inability to enforce any judgment finding for plaintiff • Court told plaintiff to seek remedy through petitioning government directly

34. Are Citizens Empowered? Handling citizen grievances through legal channels • Recall 26 households reported disputes over land takings compensation • 80% reported great or very great impact on life • 73% initiated some action in response

35. Outcomes of legal challenges to land takings compared to other land disputes

36. Does Law Matter? • Aspirationally, yes • In least contentious cases, yes • Most citizens • Little contact with legal system • Only 14% had land disputes • Only 4% had land takings compensation disputes • Reservoir of trust

37. Does Law Matter? Rank Ordering of Trust in Local Government Agencies Court 11 Mass Organizations 10 Media 9 Village Committee 8 Legal Aid 7 Lawyer 6 County Government 5 Township Government 4 Township Justice Bureau 3 Petition Office 2 Police 1

38. Does Law Matter? • But, some citizens experience intense grievances • Land takings compensation • Actively use the legal system • Often fail to overcome interests of local governments in land development • Often fail power of village elites in distributing compensation

39. Does Law Matter? • State has promoted law to increase the regime’s legitimacy and to improve governance • Passed and popularized laws to protect rights • Expanded courts and judiciary • Developed legal profession • Land rights, specifically • Part of the “legislative explosion” (Fu 2009) • Also a major source of rural unrest

40. Conclusion • There are divisions within state apparatus itself about how far law can go • “Rule by law” • Acknowledges the power of political elites—like local officials—to override the courts • Rule of law (no quotation marks) • Recognizes law as the ultimate authority • Subject of debate within China itself