1. Schwartz, Benjamin, China's Cultural Values (Tempe, AZ: Center for Asian Studies, Arizona State University, 1993), p. 19.Google Scholar

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6. His conclusions add interest to NPC Vice-Chairman Tian Jiyun's suggestion that rather than let legislation be allowed to come forward from “departments concerned,” it was desirable for the NPC Standing Committee and its Special Committees to “organize and take the lead in drafting some laws,” “Tian Jiyun on laws for market economy,” Foreign Broadcast Information Service, Daily Report, China (hereafter FBIS-CHI), 23 July 1993, p. 36 at p. 37.Google Scholar

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8. See William C. Jones, “The significance of the Opinion of the Supreme People's Court for civil law in China” in Potter, Domestic Law Reform in Post-Mao China, pp. 97–108. Jones views the Opinion differently, concluding that it “provides rules for deciding minor problems but makes no effort to be complete nor to deal with serious interpretive issues” (p. 103).

9. Liu, Nanping, “ ‘Legal precedents’ with Chinese characterstics; published cases in the Gazette of the Supreme People's Court,” Journal of Chinese Law, Vol. 5 (1991), pp. 107–141Google Scholar; Finder, Susan, “The Supreme Court of the People's Republic of China,” Journal of Chinese Law, Vol. 7 (1993), pp. 225–275Google Scholar, concluding that “the Court is involved in interpreting law, legislating, adjudicating, as well as administering the judicial system.” p. 223.

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11. Ibid. p. 84.

12. Ibid. pp. 94–95.

13. Ibid. p. 109.

14. “Ren Jianxin delivers Supreme People's Court work report,” BBC Summary of World Broadcasts, 25 April 1991, Part 3, Special Supplement FE/1055/C1/1 at p. 6.

15. “Supreme People's Court Work Report,” FBIS-CHI, 7 April 1993, p. 17 at p. 19.

16. Quoted in Bersani, Matthew D., “The enforcement of arbitration awards in China,” Journal of International Arbitration, Vol. 10 (1993), pp. 47–53 at p. 49.Google Scholar

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19. Kaixiang, Yang, “A comparative study of judges’ status,” Shanghai faxue (Jurisprudence), No. 137 (10 April 1993)Google Scholar, translated as “Judges’ status in judicial system discussed,” JPRS-CAR-93.041, 21 June 1993, p. 28.

20. Koguchi, Hikota, “Some observations about ‘judicial independence’ in post-Mao China,” Boston College Third World Law Journal, Vol. 5 (1987), pp. 195–213.Google Scholar

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22. Alford, p. 31.

23. Ibid. p. 32.

24. Clarke and Feinerman, p. 140.

25. Alford, p. 36.

26. Ibid. p. 37.

27. Potter, p. 167.

28. See e.g. Potter, pp. 174–76, Feinerman, p. 193.

29. Potter, p. 156.

30. Ibid. p. 174.

31. Feinerman, pp. 186–87.

32. When it was reported that eight Chinese athletes had tested positive for drug usage at an international competition, one observer noted that when China lost face in sport circles “its credibility was harmed in a broader sense, at a moment when it is seeking closer integration with the international community.” “Swimmer's reputation takes a dive: the embarrassment of China's drug-shamed sports leaders,” Financial Times, 3 December 1994. Earlier in 1994, China became “the first country to flout the conventions of space by parking a satellite in a position that could interfere with other satellites and hinder the Asian ambitions of international broadcasting companies.” “Beijing flouts convention on satellite parking,” Financial Times 2 August 1994.

33. Feinerman, p. 208.

34. See, discussing comparative study of Chinese culture generally, Nathan, Andrew, “Is Chinese culture distinctive?” The Journal of Asian Studies, Vol. 52 (1993), pp. 923–936.CrossRefGoogle Scholar

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37. They continue to appear from time to time. In the early 1980s, even though the leadership had eschewed the use of campaigns, the creation of new legal institutions led to a propaganda offensive to educate the Chinese populace about the new institutions and promote their use. See e.g. Lubman, Stanley, “Emerging functions of formal legal institutions in China's modernization,” China Law Reporter, Vol. 2 (1983), pp. 195–266 at p. 238.Google Scholar

38. “Jiang links strong legal system, successful reform,” FBIS-CHI, 16 December 1992, p. 19.

39. Note, “Concepts of law in the Chinese anti-crime campaigns,” Harvard Law Review, Vol. 89 (1985), p. 1890.

40. “Supreme People's Court work report,” p. 19.

41. “Anti-corruption drive starts,” Eastern Express, 20 April 1994.

42. See “Regulations governing public offences,” FBIS-CHI, 16 May 1994, pp. 15–21, a translation of the PRC Regulations for Controlling and Punishing Public Offences, adopted as amended by the Seventh Session of the Eighth National People's Congress, 12 May 1994. The statute was first adopted in 1957.

43. Clarke and Feinerman, p. 143.

44. Tanner, p. 54, citing Pittman B. Potter, “The Administrative Litigation Law of the PRC: judicial review and bureaucratic reform” in Potter, Domestic Law Reforms in Post-Mao China, pp. 270–304. Tanner also mentions that ministries frequently seek exemptions from the coverage of new legislation.

45. Potter, p. 170.

46. “Tian Jiyun on laws for market economy”; see also “Accelerated law-making urged to boost market economy,” translated from Beijing Zhongguo wuzi bao (China Materials Newspaper), 7 March 1994, p. 4 in Foreign Broadcast Information Service, JPRS Report China, 12 May 1994, pp. 14—16.Google Scholar Compare a more tentative formulation: “Since the convocation of the 14th CPC National Congress, a consensus has been established among many people: to a considerable extent, market economy means economy operated under a legal system.” (emphasis supplied), “Xinhua on socialist market economy laws,” FBIS-CHI, 7 July 1993, pp. 18–20 at p. 19.

47. Clarke, p. 65.

48. Ibid. p. 69.

49. Legal rights are also weakly defined because of ideological and political constraints on modifying certain institutions. Thus, although the need for redefining property rights is frequently reiterated, since the onset of economic reforms Chinese debate on redefining property rights has been hampered by the political and economic sensitivity of reforming many loss-incurring state-owned enterprises.

50. Clarke, p. 80.

51. Feinerman, p. 194.

52. “Passion for profit,” Far Eastern Economic Review, 23 June 1994, p. 54–56 at p. 55.

53. Clarke, p. 66.

54. See generally Yin, Yu, “Phenomena of ‘officials’ violating discipline in exercising authority and ways to deal with them,“ Fazhi ribao (Legal Daily), 23 May 1993Google Scholar, translated in FBIS-CHI, 10 June 1993.

55. See e.g. “Xinhua reports on 4th CPC plenum decision,” FBIS-CHI, 6 October 1994, pp. 13–25, at p. 18, describing the weakness of CCP “grass-roots party organizations.”

56. See e.g. “The road from Tiananmen,” The Economist, 4 June 1994, pp. 19–21.

57. See e.g. “Chinese pirates,” Asian Wall Street Journal, 18 February 1994.

58. See e.g. “Circular on school fee collection control,” translated in FBIS-CHI, 21 October 1993, pp. 24–26; “Customs administration to curb illegal fees,” FBIS-CHI, 14 October 1993, pp. 14–15; “Regulations on fees borne by peasants reported,” 12 December 1991 in FBIS-CHI, 10 January 1992, pp. 36–38; “Circular on fees subject to cancellation issued,” FBIS-CHI, 12 November 1993, pp. 59–60 (illegal fees cancelled by Ministry of Finance, State Planning Commission).

59. See e.g. “Customs offices ordered to close tertiary businesses,” FBIS-CHI, 21 October 1993, pp. 41–42; “Ban on Party, government organs doing business,” FBIS-CHI, 22 July 1992; “Party, government offices ordered to server economic ties,” FBIS-CHI, 25 October 1993 p. 18, and “‘Text’ of regulations,” FBIS-CHI, 25 October 1993, pp. 18–20.

60. See e.g. Stone, Brewer S., “Don't get stuck in China,” Asian Wall Street Journal, 23 September 1993Google Scholar; “Enemies in the ranks,” South China Morning Post, 24 April 1994.

61. See e.g. “Guard against the illegal transfer of public assets in the course of moving toward market economy,” Uaowang, 12 April 1993, pp. 13–14, translated as “Economist on illegal transfer of public assets,” FBIS-CHI, 10 May 1993, pp. 31–33.

62. See e.g. Brick, Andrew, “The Emperor of Heilongcun,” Wall Street Journal, 16 July 1993Google Scholar; Sun, Lena, “For China's peasants, abuses by ‘warlords’ adds to their misery,” International Herald Tribune, 12 October 1993.Google Scholar

63. “Rebellion grows in China's cotton fields,” Wall Street Journal, 15 November 1994.

64. See e.g. “Soldiers of fortune: Chinese army fashions major role for itself as a business empire,” Wall Street Journal, 24 May 1994, p. 1; “Gun ban to affect two Chinese firms whose big size will limit injury,” Wall Street Journal, 27 May 1994.

65. See e.g. “China's regulators outgunned in war on fraud,” International Herald Tribune, 18 February 1994: “As China struggles to establish rules to govern securities trading, blatant fraud and insider dealing on the country's stock markets are going largely unpunished.”

66. See e.g. Bowring, Philip, “China: capital flight is hurting the currency and the country,” International Herald Tribune, 5 July 1993Google Scholar; Sender, Henny, “Follow the money,” Far Eastern Economic Review, 14 October 1993, p. 74.Google Scholar

67. See e.g. Sender, Henny, “Taxing problem: Peking grapples with massive tax evasion,” Far Eastern Economic Review, 25 November 1993, pp. 52–53.Google Scholar

68. See e.g. Segal, Gerald, “China's changing shape,” Foreign Affairs, Vol. 73, No. 3 (May/June 1994) pp. 43–58 at p. 45CrossRefGoogle Scholar: “…Beijing's failure to implement an economic austerity package in the summer of 1993 was almost entirely due to resistance by the rich coastal provinces.”

69. Schell, Orville, Mandate of Heaven (New York: Simon & Schuster, 1994) pp. 293–310.Google Scholar

70. Potter, p. 184.

71. Scalapino, Robert, “China in the late Leninist era,” The China Quarterly, No. 136 (December 1993), pp. 949–971 at pp. 963–64.CrossRefGoogle Scholar

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73. Ibid. p. 79.

74. Ibid.

75. Whyte, Martin King, “Urban China: a civil society in the making?” in Arthur Lewis, Rosenbaum (ed.), State and Society in China: The Consequences of Reform (Boulder, CO: Westview Press, 1992) pp. 77–101.Google Scholar

76. Ibid. p. 97.

77. Wakeman, Frederic Jr., “The civil society and public sphere debate,” Modern China, Vol. 19, No. 2 (April 1992), pp. 108–139 at p. 134.CrossRefGoogle Scholar

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79. Walder, Andrew G., “Corporate organization and local government property rights in China,” in Vedat, Milor (ed.), Changing Political Economies: Privatization in Post-Communist and Reforming Communist States (Boulder & London: Lynne Rienner, 1994) pp. 53–66 at p. 62Google Scholar, citing excellent articles by Jean Oi and Christine P. Wong on the Chinese countryside.

80. Pearson, Margaret M., “The Janus face of business associations in China: socialist corporatism in foreign enterprises,” Australian Journal of Chinese Affairs, No. 31 (January 1994), pp. 26–66 at p. 35.Google Scholar

81. Ibid.

82. Feinerman, p. 190.

83. See e.g. Keith, Ronald C., China's Struggle for the Rule of Law (New York: St Martin's Press, 1994) at p. 48CrossRefGoogle Scholar, referring to traditional Chinese concepts of law: “…law reinforced hierarchy and obligation rather than a notion of rights as separate from obligations.” Compare also Pye, Lucian W., “China: erratic state, frustrated society, Foreign Affairs, Vol. 69, No. 4 (Fall 1990), pp. 56–74 at p. 59CrossRefGoogle Scholar, arguing that because the traditional Chinese state, although it “pretended to omnipotence” had limited “policy-implementing authority… Chinese society has gone along with the pretence of official omnipotence while following its own lead and making almost no demands on the government.” A consequence was “the great Chinese political game of feigned compliance. Central authorities issue their ‘absolute’ orders and local authorities proclaim their obedience, even as they quietly proceed to do what they think best. Higher authorities are hesitant to check too carefully about the implementation of their orders for fear that it might reveal their impotence and shatter the pretentions of absolute power.” Pye's views are suggestive for the making and implementation of Chinese law today.

84. Clarke and Feinerman, p. 153.

85. Potter, Pitman B., “Riding the tiger: legitimacy and legal culture in Post-Mao China,” The China Quarterly, No. 138 (June 1994), pp. 328–358.Google Scholar

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87. See, for examples, Keith, China's Struggle for the Rule of Law, which, however, also concludes - without evidence - that China’ s leadership agrees with the writings of Chinese legal academics as Keith has summarized them.

88. Potter, p. 184.

89. “China's diaspora turns homeward,” The Economist, 27 November 1993, pp. 33–34.

90. “Woo's new wave,” Far Eastern Economic Review, 23 December 1993 pp. 38–39 at p. 39, quoting Peter Woo, Chairman of Wheelock.

91. Ibid.

92. As one observer has noted:” Some cultures do, of course, show a remarkable continuity over long stretches of time. But… a multi-million manufacturing company in Taiwan is not simply a peasant clan writ large…. On the contrary, in some situations, people can drastically change their beliefs and their behavior, often in an amazingly short period of time.” Peter L. Berger, “Is Asia's success transplantable,” Asian Wall Street Journal, 20 April 1994.

93. Except, of course, when they are treated arbitrarily in China. See “Detained HK man vows to clear name,” South China Morning Post, 11 October 1993, quoting a Hong Kong businessman holding an American passport who alleged that he had been illegally arrested in China because of a business dispute with a PRC partner: “I was a so-called China expert, but I have learned more in 40 days in detention than I have in 40 years of academia.”

94. Lubman, Stanley B., “Form and function in the Chinese criminal process,” Columbia Law Review, Vol. 69 (1969), pp. 535–575.CrossRefGoogle Scholar

95. Even to the point of believing that “creation of a legal regulatory mechanism can engender the very institution which the law has been created to regulate.” Feinerman, James V., “Backwards into the future,” Law and Contemporary Problems, Vol. 52(1989), pp. 169–184 at p. 169.CrossRefGoogle Scholar

96. Alford, p. 36.

97. See e.g. use of the courts by peasants protesting cadre arbitrariness, reported in Croll, Elisabeth, From Heaven to Earth: Images and Experiences of Development in China (London & New York: Routledge, 1994), pp. 132–33.Google Scholar