Pub Date : 2021-04-19DOI: 10.1177/0097700421994738
L. Brang
Political constitutionalism emerged on the Chinese academic scene in the mid-2000s as a countermovement to the rights-based, court-centered, and textual mainstream in Chinese constitutional scholarship. On the surface, it has launched a biting and sophisticated critique of academic and institutional Westernization and reasserted a sense of Chinese constitutional particularity. However, contrary to its intellectual self-representation as a genuinely Chinese phenomenon, the movement’s academic formation, methodological agenda, and theoretical vocabulary are inseparable from global ideological trends and draw heavily on European and American precedents. Consequently, the movement is troubled by a set of performative contradictions. These include the contradiction between its transnational genealogy and nationalist agenda; its pluralist theoretical makeup and anti-pluralist political rhetoric; as well as its putatively value-neutral sociological methodology and the politically selective application of said methodology. These antinomies, I argue, speak to the recurring dilemmas of “national” self-assertion in a globalized world.
{"title":"The Dilemmas of Self-Assertion: Chinese Political Constitutionalism in a Globalized World","authors":"L. Brang","doi":"10.1177/0097700421994738","DOIUrl":"https://doi.org/10.1177/0097700421994738","url":null,"abstract":"Political constitutionalism emerged on the Chinese academic scene in the mid-2000s as a countermovement to the rights-based, court-centered, and textual mainstream in Chinese constitutional scholarship. On the surface, it has launched a biting and sophisticated critique of academic and institutional Westernization and reasserted a sense of Chinese constitutional particularity. However, contrary to its intellectual self-representation as a genuinely Chinese phenomenon, the movement’s academic formation, methodological agenda, and theoretical vocabulary are inseparable from global ideological trends and draw heavily on European and American precedents. Consequently, the movement is troubled by a set of performative contradictions. These include the contradiction between its transnational genealogy and nationalist agenda; its pluralist theoretical makeup and anti-pluralist political rhetoric; as well as its putatively value-neutral sociological methodology and the politically selective application of said methodology. These antinomies, I argue, speak to the recurring dilemmas of “national” self-assertion in a globalized world.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700421994738","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43238869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-14DOI: 10.1177/00977004211003280
Bin Xu
This article addresses social legacies or “historically remaining issues”—the impacts of Mao-era policies and practices on life courses, socioeconomic statuses, living conditions, and other aspects of social life in the post-Mao era. These social legacies involve state–society interactions on policy adjustments and symbolic practices and, therefore, are tangled up with other legacies, institutional and cultural, of the Mao years. This point is illustrated in a study of the Shanghai–Xinjiang zhiqing migration program of 1963–1966, in which about 97,000 Shanghai “zhiqing” (educated youths) were mobilized to settle in the Xinjiang Construction and Production Corps. After petitions and protests in 1979–1980, some returned to Shanghai legally, but others returned to and remained in Shanghai without documents. This article discusses how Shanghai zhiqing returnees have been petitioning and protesting to pressure the state to solve problems relating to their hukou, pensions, and healthcare, and how the state responded with repression and incremental, ad hoc policy changes, which have caused repercussions and provoked grievances. State–society interactions over the social legacies of the Shanghai–Xinjiang migration program have been constrained by related institutional and cultural legacies, including the hukou system, the status of the Xinjiang Construction and Production Corps, the state’s positive historical assessment of the Shanghai–Xinjiang program, and the zhiqing’s pride in and confusion over their identities.
{"title":"Historically Remaining Issues: The Shanghai–Xinjiang Zhiqing Migration Program and the Tangled Legacies of the Mao Era in China, 1980–2017","authors":"Bin Xu","doi":"10.1177/00977004211003280","DOIUrl":"https://doi.org/10.1177/00977004211003280","url":null,"abstract":"This article addresses social legacies or “historically remaining issues”—the impacts of Mao-era policies and practices on life courses, socioeconomic statuses, living conditions, and other aspects of social life in the post-Mao era. These social legacies involve state–society interactions on policy adjustments and symbolic practices and, therefore, are tangled up with other legacies, institutional and cultural, of the Mao years. This point is illustrated in a study of the Shanghai–Xinjiang zhiqing migration program of 1963–1966, in which about 97,000 Shanghai “zhiqing” (educated youths) were mobilized to settle in the Xinjiang Construction and Production Corps. After petitions and protests in 1979–1980, some returned to Shanghai legally, but others returned to and remained in Shanghai without documents. This article discusses how Shanghai zhiqing returnees have been petitioning and protesting to pressure the state to solve problems relating to their hukou, pensions, and healthcare, and how the state responded with repression and incremental, ad hoc policy changes, which have caused repercussions and provoked grievances. State–society interactions over the social legacies of the Shanghai–Xinjiang migration program have been constrained by related institutional and cultural legacies, including the hukou system, the status of the Xinjiang Construction and Production Corps, the state’s positive historical assessment of the Shanghai–Xinjiang program, and the zhiqing’s pride in and confusion over their identities.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/00977004211003280","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47999629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-16DOI: 10.1177/0097700421995135
Ju‐Han Zoe Wang, G. Roche
This article provides a synthesis and critical review of the literature on urban minority minzu 民族 in the People’s Republic of China (PRC). The vast majority of the Chinese-language literature on minorities in cities adopts a state-centric view through the lens of stability and integration, focusing on how minorities can adapt to urban life for the purpose of creating a “harmonized” society. This statist narrative not only denies the subjectivity of minorities in the city but also constrains the understandings of the dynamics of urban indigeneity. In this article, we draw on the literature of urban Indigenous peoples in settler colonial contexts to suggest new ways of examining the urban experience of minority minzu in the PRC. We suggest that this literature provides useful insights that help center the subjectivities and agency of Indigenous people in the PRC’s cities. Literature on urban minorities in the PRC can be expanded by engaging with the Indigenous urbanization literature to include coverage of three topics: representation (how minority people are shown as belonging to the city), mobilization (the use of urban space by minority people to pursue social, cultural, and political projects), and mobility (movement and interconnectedness between rural homelands and the city).
{"title":"Urbanizing Minority Minzu in the PRC: Insights from the Literature on Settler Colonialism","authors":"Ju‐Han Zoe Wang, G. Roche","doi":"10.1177/0097700421995135","DOIUrl":"https://doi.org/10.1177/0097700421995135","url":null,"abstract":"This article provides a synthesis and critical review of the literature on urban minority minzu 民族 in the People’s Republic of China (PRC). The vast majority of the Chinese-language literature on minorities in cities adopts a state-centric view through the lens of stability and integration, focusing on how minorities can adapt to urban life for the purpose of creating a “harmonized” society. This statist narrative not only denies the subjectivity of minorities in the city but also constrains the understandings of the dynamics of urban indigeneity. In this article, we draw on the literature of urban Indigenous peoples in settler colonial contexts to suggest new ways of examining the urban experience of minority minzu in the PRC. We suggest that this literature provides useful insights that help center the subjectivities and agency of Indigenous people in the PRC’s cities. Literature on urban minorities in the PRC can be expanded by engaging with the Indigenous urbanization literature to include coverage of three topics: representation (how minority people are shown as belonging to the city), mobilization (the use of urban space by minority people to pursue social, cultural, and political projects), and mobility (movement and interconnectedness between rural homelands and the city).","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700421995135","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42523291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-17DOI: 10.1177/0097700421992314
Lintong Jiao
The scholarly literature portrays Mao’s China as a font of gender-neutral ideals and masculine heroines, such as the “iron girl.” Although there have been few studies on breast-binding in the Maoist era, there is ample evidence it was practiced by many women. This article questions whether “defeminization,” “gender erasure,” or “gender-neutral” interpretations sufficiently explain the practice of breast-binding and women’s bodily experiences in Mao-era China. Through the analysis of in-depth interviews, periodical articles, and memoirs, this article finds that the gender-neutral framework often oversimplifies and homogenizes women’s diverse experiences. It instead argues that during the Mao era women’s bodily experiences were multifaceted and can only be understood through the reconciliation of the contradictory concepts of “femininities” and “female masculinities.” By exploring women’s silent practice of breast-binding in Mao’s China, this article yields new insight into the study of women and gender.
{"title":"Reconciling Femininities and Female Masculinities: Women’s Premarital Experiences of Breast-Binding in the Maoist Era","authors":"Lintong Jiao","doi":"10.1177/0097700421992314","DOIUrl":"https://doi.org/10.1177/0097700421992314","url":null,"abstract":"The scholarly literature portrays Mao’s China as a font of gender-neutral ideals and masculine heroines, such as the “iron girl.” Although there have been few studies on breast-binding in the Maoist era, there is ample evidence it was practiced by many women. This article questions whether “defeminization,” “gender erasure,” or “gender-neutral” interpretations sufficiently explain the practice of breast-binding and women’s bodily experiences in Mao-era China. Through the analysis of in-depth interviews, periodical articles, and memoirs, this article finds that the gender-neutral framework often oversimplifies and homogenizes women’s diverse experiences. It instead argues that during the Mao era women’s bodily experiences were multifaceted and can only be understood through the reconciliation of the contradictory concepts of “femininities” and “female masculinities.” By exploring women’s silent practice of breast-binding in Mao’s China, this article yields new insight into the study of women and gender.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700421992314","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43983716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-01DOI: 10.1177/0097700419860417
L. Gibbs
From the early Qing dynasty (1644–1911) to the beginning of the People’s Republic, men in northern China from drought-prone regions of northwestern Shanxi province and northeastern Shaanxi province would travel beyond the Great Wall to find work in western Inner Mongolia, in a migration known as “going beyond the Western Pass” 走西口. This article analyzes anthologized song lyrics and ethnographic interviews about this migration to explore how songs of separation performed at temple fairs approached danger and abandonment using traditional metaphors and “folk models” similar to those of parents protecting children from life’s hazards and widows and widowers lamenting the loss of loved ones. I argue that these duets between singers embodying the roles of migrant laborers and the women they left behind provided a public language for audiences to reflect upon and contextualize private emotions in a broader social context, offering rhetorical resolutions to ambivalent anxieties.
{"title":"Going Beyond the Western Pass: Chinese Folk Models of Danger and Abandonment in Songs of Separation","authors":"L. Gibbs","doi":"10.1177/0097700419860417","DOIUrl":"https://doi.org/10.1177/0097700419860417","url":null,"abstract":"From the early Qing dynasty (1644–1911) to the beginning of the People’s Republic, men in northern China from drought-prone regions of northwestern Shanxi province and northeastern Shaanxi province would travel beyond the Great Wall to find work in western Inner Mongolia, in a migration known as “going beyond the Western Pass” 走西口. This article analyzes anthologized song lyrics and ethnographic interviews about this migration to explore how songs of separation performed at temple fairs approached danger and abandonment using traditional metaphors and “folk models” similar to those of parents protecting children from life’s hazards and widows and widowers lamenting the loss of loved ones. I argue that these duets between singers embodying the roles of migrant laborers and the women they left behind provided a public language for audiences to reflect upon and contextualize private emotions in a broader social context, offering rhetorical resolutions to ambivalent anxieties.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700419860417","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41311677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-28DOI: 10.1177/0097700420984722
Yinan Luo
Scholars consider the rise of factional politics as key to understanding party politics during the Maoist period (1949–1976). This article conducts a historical inquiry into the factional politics at the Lushan Conference of 1959. It argues that the very concept of factionalism, adopted not only by Mao Zedong but by all the conference participants, including those accused of being faction members, was created in line with a script generated by Mao to resolve the collective action problems facing the party. This script led the participants at the Lushan Conference to reimagine themselves as engaged in factional struggle within the party, suggesting to each of them the roles they should play as part of that imagined struggle. This article challenges the individualist perspective that takes factional exclusion as a strategic means employed by actors to attain personal goals when competing with others and sheds light on the imaginary and performative features of the CCP’s central decision-making dynamics.
{"title":"Re-Examining Theories on Factionalism in the Maoist Period: The Case of the Lushan Conference of 1959","authors":"Yinan Luo","doi":"10.1177/0097700420984722","DOIUrl":"https://doi.org/10.1177/0097700420984722","url":null,"abstract":"Scholars consider the rise of factional politics as key to understanding party politics during the Maoist period (1949–1976). This article conducts a historical inquiry into the factional politics at the Lushan Conference of 1959. It argues that the very concept of factionalism, adopted not only by Mao Zedong but by all the conference participants, including those accused of being faction members, was created in line with a script generated by Mao to resolve the collective action problems facing the party. This script led the participants at the Lushan Conference to reimagine themselves as engaged in factional struggle within the party, suggesting to each of them the roles they should play as part of that imagined struggle. This article challenges the individualist perspective that takes factional exclusion as a strategic means employed by actors to attain personal goals when competing with others and sheds light on the imaginary and performative features of the CCP’s central decision-making dynamics.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700420984722","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41842231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.1177/0097700420923148
Byung-joon Ahn
This article examines how PRC judges ruled on inheritance disputes during the Mao period (1949–1976). In fact, China not only rejected a draft succession law in 1956, it also did not promulgate any law governing succession until 1985. In part, this has contributed to the conventional characterization of China in the Mao period as a “lawless society” dominated by radical Maoist and Marxist ideologies. By using newly available archival documents and internal publications of local courts and legal cadres, this article reveals that PRC judges rejected the codification of law because the legal principles stipulated in the 1956 draft succession law could not be applied to the complex social reality of rural China at the time. Therefore, court rulings became products of the long-standing efforts of judges to reconcile the principles of justice inherent in the 1956 draft succession law and complex social realities in order to deliver judgments that all litigants could accept as fair. This article highlights how such efforts finally led to a codified law of succession in 1985. Hence, the Succession Law of 1985 was not a departure from the previous “lawless” Mao era, but the completion of PRC judges’ long process of amending the “incomplete” 1956 draft.
{"title":"Searching for Fairness in Revolutionary China: Inheritance Disputes in Maoist Courts and Their Legacy in the PRC Law of Succession *","authors":"Byung-joon Ahn","doi":"10.1177/0097700420923148","DOIUrl":"https://doi.org/10.1177/0097700420923148","url":null,"abstract":"This article examines how PRC judges ruled on inheritance disputes during the Mao period (1949–1976). In fact, China not only rejected a draft succession law in 1956, it also did not promulgate any law governing succession until 1985. In part, this has contributed to the conventional characterization of China in the Mao period as a “lawless society” dominated by radical Maoist and Marxist ideologies. By using newly available archival documents and internal publications of local courts and legal cadres, this article reveals that PRC judges rejected the codification of law because the legal principles stipulated in the 1956 draft succession law could not be applied to the complex social reality of rural China at the time. Therefore, court rulings became products of the long-standing efforts of judges to reconcile the principles of justice inherent in the 1956 draft succession law and complex social realities in order to deliver judgments that all litigants could accept as fair. This article highlights how such efforts finally led to a codified law of succession in 1985. Hence, the Succession Law of 1985 was not a departure from the previous “lawless” Mao era, but the completion of PRC judges’ long process of amending the “incomplete” 1956 draft.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700420923148","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45189131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.1177/0097700420922549
L. Zhang
An analysis of detailed police dossiers and participant interviews in two urban districts reveals that, in the field of criminal justice in China, the process of collection, circulation, and disposal of material evidence has been highly problematic. Even though the process appears to adhere to a legal framework most of the time, its failures can be readily seen in the absence or violation of norms. For example, procedures have routinely been mixed together or invented; the use of warrants has been limited or avoided; the approval process has frequently been circumvented; the management of the criminal property has been slipshod. Exploring the structural contradictions of the evidence collection process and the behavior of police officers and their motivations can help clarify the factors that shape the process as it exists today, the presence or absence of norms that guide evidence collection behavior, and the mechanisms that govern the actual practices of evidence collection. The current dominant approach to reforms in this field is legal transplantation. However, this approach may fail to respond to local practices or may fail to take into account participants’ mentalities. In order to find norms that are suitable for China’s circumstances, future standardization reforms of material evidence collection should take both transplanted experience and actual operations into consideration.
{"title":"A Path to Standardizing Material Evidence Collection in Chinese Criminal Justice *","authors":"L. Zhang","doi":"10.1177/0097700420922549","DOIUrl":"https://doi.org/10.1177/0097700420922549","url":null,"abstract":"An analysis of detailed police dossiers and participant interviews in two urban districts reveals that, in the field of criminal justice in China, the process of collection, circulation, and disposal of material evidence has been highly problematic. Even though the process appears to adhere to a legal framework most of the time, its failures can be readily seen in the absence or violation of norms. For example, procedures have routinely been mixed together or invented; the use of warrants has been limited or avoided; the approval process has frequently been circumvented; the management of the criminal property has been slipshod. Exploring the structural contradictions of the evidence collection process and the behavior of police officers and their motivations can help clarify the factors that shape the process as it exists today, the presence or absence of norms that guide evidence collection behavior, and the mechanisms that govern the actual practices of evidence collection. The current dominant approach to reforms in this field is legal transplantation. However, this approach may fail to respond to local practices or may fail to take into account participants’ mentalities. In order to find norms that are suitable for China’s circumstances, future standardization reforms of material evidence collection should take both transplanted experience and actual operations into consideration.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700420922549","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49476485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.1177/0097700420966784
Liuyang Zhao
In legal practice in contemporary China, courts usually distinguish between government-led enterprise restructuring 政府主导的企业改制 and independent enterprise restructuring 企业自主改制. Following contract logic, the courts believe that labor disputes related to government-led enterprise restructuring are not contract disputes—that is, they are not disputes between equal parties, which is required for civil litigation—and are therefore generally not accepted. Moreover, in actual legal practice, the scope of application of the principle of government-led restructuring has been expanded, with the courts adopting a very broad standard. In addition, a considerable number of cases are excluded on the grounds that the time limit imposed on arbitration has been exceeded. This in effect has replaced the older principles surrounding labor relations in enterprise restructuring led by local governments. The actual practice of the principle of government-led restructuring should be understood in the larger framework of multidimensional and complex relationships between local governments and the market. The use of local government power in conjunction with the logic of contract in effect enlarges the scope for setting aside the older principles of labor relations for the purpose of enhancing the market competitiveness of enterprises and promoting economic development. The result has been a marked degree of social injustice. The construction of labor laws should be rooted in actual conditions, and not overemphasize the formalism of contract logic and ignore the substantive logic of labor relations.
{"title":"Labor Disputes in China’s Local Government-Led Enterprise Restructuring: A Litigation Case Study*, **","authors":"Liuyang Zhao","doi":"10.1177/0097700420966784","DOIUrl":"https://doi.org/10.1177/0097700420966784","url":null,"abstract":"In legal practice in contemporary China, courts usually distinguish between government-led enterprise restructuring 政府主导的企业改制 and independent enterprise restructuring 企业自主改制. Following contract logic, the courts believe that labor disputes related to government-led enterprise restructuring are not contract disputes—that is, they are not disputes between equal parties, which is required for civil litigation—and are therefore generally not accepted. Moreover, in actual legal practice, the scope of application of the principle of government-led restructuring has been expanded, with the courts adopting a very broad standard. In addition, a considerable number of cases are excluded on the grounds that the time limit imposed on arbitration has been exceeded. This in effect has replaced the older principles surrounding labor relations in enterprise restructuring led by local governments. The actual practice of the principle of government-led restructuring should be understood in the larger framework of multidimensional and complex relationships between local governments and the market. The use of local government power in conjunction with the logic of contract in effect enlarges the scope for setting aside the older principles of labor relations for the purpose of enhancing the market competitiveness of enterprises and promoting economic development. The result has been a marked degree of social injustice. The construction of labor laws should be rooted in actual conditions, and not overemphasize the formalism of contract logic and ignore the substantive logic of labor relations.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700420966784","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42162094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-23DOI: 10.1177/0097700420977826
Liming Wang, Bingwan Xiong
This article explores and assesses the significance of the adoption of a separate part (or, book 编) on personality rights in China’s new Civil Code. We argue that there are profound socioeconomic meanings underlying the technical changes in the classic structure of the civil codes in civil law tradition. On one hand, the stand-alone part on personality rights is the fruit and embodiment of the rising rights consciousness of personality in Chinese civil society, which has been largely unexplored in existing China studies. On the other hand, the part provides a new legislative model to comprehensively tackle the pervasive technological challenges to the protection of personal spheres, which is entangled with the rising rights consciousness over personality in China. Yet, the robustness of the acknowledgment of personality rights in this special part in promoting the protection of such rights remains to be tested in future court judgments.
{"title":"Personality Rights in China’s New Civil Code: A Response to Increasing Awareness of Rights in an Era of Evolving Technology","authors":"Liming Wang, Bingwan Xiong","doi":"10.1177/0097700420977826","DOIUrl":"https://doi.org/10.1177/0097700420977826","url":null,"abstract":"This article explores and assesses the significance of the adoption of a separate part (or, book 编) on personality rights in China’s new Civil Code. We argue that there are profound socioeconomic meanings underlying the technical changes in the classic structure of the civil codes in civil law tradition. On one hand, the stand-alone part on personality rights is the fruit and embodiment of the rising rights consciousness of personality in Chinese civil society, which has been largely unexplored in existing China studies. On the other hand, the part provides a new legislative model to comprehensively tackle the pervasive technological challenges to the protection of personal spheres, which is entangled with the rising rights consciousness over personality in China. Yet, the robustness of the acknowledgment of personality rights in this special part in promoting the protection of such rights remains to be tested in future court judgments.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2020-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/0097700420977826","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47048006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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