¹ I first began to explore quanyi in Ronald C. Keith, Chinas Struggle for the Rule of Law (Basingstoke, New York: Macmillan, St. Martins Press, 1994), pp. 81,97,112,114–15,118, 140 and in Ronald C. Keith, The new relevance of rights and interests: Chinas changing human rights theories, China Information, Vol. X, No. 2 (Autumn 1995), pp. 38–62. The reference to the perfecting of a system of social protection is integral to recent legislation on minors, women and the handicapped, but it is perhaps best expressed in Article 2 of the Law on Protecting the Rights and Interests of Women. Western scholarship which deals with the state–society paradigm in China often comments that the Chinese political culture has tended to merge state and society into a continuum of political and social activity and that despite the growth of market relationships the conceptual notion of civil society lacks a strong indigenous equivalent. For a selected list of references on civil society see n. 41.

² A short list of such works might include: Andors, Phyllis, The Unfinished Liberation of Chinese Women 1949–1980 (Bloomington: Indiana University Press, 1983); Margery Wolf and Roxane Witke (eds.), Women in Chinese Society (Stanford: Stanford University Press, 1975); Judith Stacey, Patriarchy and Socialist Revolution in China (Berkeley: University of California Press, 1983); Elisabeth Croll, The Politics of Marriage in Contemporary China (Cambridge: Cambridge University Press, 1981); Dalia Davin, Woman–Work: Women and the Party in Revolutionary China (Oxford: Clarendon Press, 1976); Kay Ann Johnson, Women, the Family and Peasant Revolution in China (Chicago: University of Chicago Press, 1983); Deborah Davis and Stevan Harrell (eds.), Chinese Families in the Post–Mao Era (Berkeley: University of California Press, 1993); Christina Gilmartin, Gail Hershatter et al. (eds.), Engendering China: Women, Culture, and the State (Cambridge, MA: Harvard Contemporary China Series, No. 10, 1994); Ellen Judd, Gender and Power in Rural North China (Stanford: Stanford University Press, 1994);Google Scholar and Montgomery Broaded, C.Liu, Chongshun, Family background, gender and educational attainment in urban China, The China Quarterly (CQ), No. 145 (March 1996), pp. 53–86.CrossRefGoogle Scholar

³ Palmer, Michael, The re–emergence of family law in post–Mao China: marriage, divorce and reproduction, CQ, No. 141 (March 1995), p. 110.CrossRefGoogle Scholar

⁴ For general discussion of the Chinese counteroffensive see Copper, John F., Pekings post–Tiananmen foreign policy: the human rights factor, Issues and Studies, Vol. 30, No. 10, pp. 49–78, and Andrew Nathan, Human rights in Chinese foreign policy, CQ, No. 139 (September 1994), pp. 622–643.Google Scholar

⁵ The developing political importance of NPC law–making has become a strong new area in Western sinological research; for example see Tanner, Murray Scott, The erosion of Communist Party control over lawmaking in China, CQ, No. 138 (June 1994), pp. 381–403.CrossRefGoogle Scholar

⁶ Keith, The new relevance of rights and interests, pp. 46–49. For an extended discussion of the evolution of rights in China see Kent, Ann, Between Freedom and Subsistence: China and Human Rights (Hong Kong: Oxford University Press, 1993), passim.Google Scholar

⁷ The efficiency versus fairness controversy is detailed and analysed in my AAS conference paper, Antithesis in Post–Deng Jurisprudence, Honolulu, 14 April 1996.

⁸ See Human rights in China, Beijing Review, (BR), 4–10 November 1991, pp. 8–45.Google Scholar

⁹ Sixteen of these regulations have been translated in Yuanling Chao and Richard Sao (eds.), Provincial laws on the protection of women and children, Chinese Law and Government, Vol. 27, No. 1 (January–February 1994), passim.

¹⁰ The situation of children in China, BR, 22–29 April 1996, p. 21

¹¹ The report of the PRC on the implementation of the Nairobi forward–looking strategies for the advancement of women, BR, 24–30 October 1994, p. 10. Also see the June 1994 white paper, The situation of Chinese women, which highlights this law in its discussion of equal legal status in BR, 6–12 June 1994, pp. 12–13.

¹² Wang Rong, Womens rights awareness drive put on the move, China Daily, 10 June 1992, p. 3.Google Scholar

¹³ An outline of Chinese womens development 1995–2000, in FBIS–CHI 95–154, 10 August 1995, pp. 13–19. The Chinese text is available in Xinhua yuebao, No. 10 (1995), pp. 48–55. The Beijing Declaration was carried in the BR, 16–22 October 1995, pp. 8–10.

¹⁴ Chen Muhua profiled, Xinhua, 4 September 1995 in FBIS–CHI 95–171,5 September 1995, pp. 31–32.

¹⁵ Speech by Chen Muhua: equality, development and peace are the common pursuit of women all over the world, Xinhua, 2 September 1995 in FBIS–CHI 95–174,8 September 1995, pp. 4, 6.

¹⁶ Text of Jiangs speech, FBIS–CHI 95–171, 5 September 1995, pp. 21–22.

¹⁷ Hillary Rodham Clinton, Womens rights are human rights, in Vital Speeches of the Day, Vol. lxi, No. 24 (1 October 1995), pp. 738–740.

¹⁸ The progress of human rights in China, BR, Special Issue, 1996, p. 21.

¹⁹ See Leng, Shao–chuan andChiu, Hungdah, Criminal Justice in Post–Mao China (Albany: State University of New York Press, 1985), p. 7. Also refer to Keiths discussion of law and the comprehensive management of public order in Chinas Struggle for the Rule of Law, pp. 18, 29, 106, 118, 149Google Scholar

²⁰ In her 1983 study Professor Stacey described Chinas mass associations in terms of their functions to inform the public patriarchy, and their lack of capacity to initiate policy i independently. Patriarchy and Socialist Revolution in China, p. 228.

²¹ Shen Zongling, Nuquanzhuyi faxue shuping (A commentary on feminist jurisprudence), Zhongguo faxue (Chinese Legal Science), No. 3 (1995), p. 51.

²² McKenzie, Paul China and the Womens Convention: prospects for the implementation of an international norm, China Law Reporter, Vol. 7, No. 1 (1991), introduction, p. 34.Google Scholar

²³ Beijing declaration, BR, 16–22 October 1995, p. 9 (authors italics).

²⁴ Sun Xiaoxia, Lun falii yu shehui liyi (On law and social interests), Zhongguofaxue, No. 4 (1995), pp. 52–53.

²⁵ This is discussed in detail by David Ding, 1980s intellectual re–evaluation of Chinese democracy, unpublished June 1996 paper cited with author permission.

²⁶ See the report on these debates in Falixuede gaige yu fazhan (Reform and development of jurisprudence), Faxue (Law Studies) (Renda), No. 7 (1995), pp. 16–31. Pluralized jurisprudence is discussed extensively in Ronald C. Keith, Post–Deng jurisprudence: justice and efficiency in a rule of law economy, currently under editorial review.

²⁷ See Mengda, Luo andHangzhou, He, Lun renquande geti shuxing (On the individual character of human rights), Zhengfaluntan (Forum on Politics and Law), No. 1 (1993), p. 56. On related theory see Keith, The new relevance of rights and interests, pp. 38–61.Google Scholar

²⁸ See Keith, Post–Deng jurisprudence.

²⁹ Chen, Theodore (ed.), The Chinese Communist Regime. Documents and Commentary (New York: Praeger, 1967), p. 91.Google Scholar

³⁰ This is the English version provided in BR, 16 March 1981, p. 24.

³¹ For the Chinese text see Zhonghua renmin gongheguo changyong falii daquan (Compendium of Often Used Laws of the PRQ (Beijing: Falii chubanshe, 1989), pp. 3, 5, 7–9.

³² This 1 July 1988 law is provided in translation in BR, 6–12 March 1989, documents K–XTV.

³³ See The report of the PRC on the implementation of the Nairobi forward–looking strategies, p. 9.

³⁴ Albeit Chen has analysed three different schools of opinion in terms of rightsoriented, obligations–oriented and equal emphasis on the consistency of rights and obligations. See Chen, Albert, Developing theories of rights and human rights in China, in Wacks, Raymond (ed.), Hong Kong, China and 1997: Essays in Legal Theory (Hong Kong: Hong Kong University Press, 1993), pp. 123–149.Google Scholar

³⁵ Human rights in China, BR, 4–10 November 1991, documents, p. 9. The distinction between fading quanli and shiyou quanli was pivotal to Li Buyuns major new theory on the forms of human rights. For discussion of Li Buyun, Lun renquande sanzhong cunzai xingtai(On the three extant forms of human rights), Faxue yanjiu, No. 4 (1991) see Keith, The new relevance of rights and interests, p. 48.

³⁶ The report of the PRC on the implementation of the Nairobi forward–looking strategies, p. 12.

³⁷ The situation of Chinese women, BR, 6–12 June 1994, documents, p. 9.

³⁸ Decision of the CPC Central Committee on some issues concerning the establishment of a socialist market, BR, 22–28 November 1993, p. 23.

³⁹ For Dengs original Southern Tour remarks see Deng Xiaoping wenxuan (Deng Xiaopings Selected Works), Vol. 3 (Beijing: Renmin chubanshe, 1993), p. 373. Also see Zhang Guangbo, Xuexi Deng Xiaoping jianshe you Zhongguo tese shehuizhuyi lilun, yindao faxue yanzhe zhengque daolu xiangqian fazhan (Studying Deng Xiaopings theory on the establishment of socialism with Chinese characteristics to advance jurisprudence in the right direction), Zhongguo faxue, No. 4 (1995), p. 42.Google Scholar

⁴⁰ See Barrett McCormick, Su Shaozhi and Xiao Xiaoming, The 1989 democracy movement: a review of the prospects for civil society in China, Pacific Affairs, Vol. 65, No. 3 (Summer 1992), p. 187; Gold, Thomas, Party–state versus society in China, in Kallgren, Joyce (ed.), Building a Nation–State: China after Forty Years (Berkeley: Centre for Chinese Studies, China Research Monograph, No. 37), p. 150; Thomas Gold, The resurgence of civil society in China, Journal of Democracy, Winter 1990, p. 20; Heath Chamberlain, Coming to terms with civil society, Australian Journal of Chinese Affairs, No. 31 (January 1994), p. 117; Martin Whyte, Urban China: a civil society in the making, in Arthur Rosenbaum (ed.), State and Society in China (Boulder: Westview Press, 1992), pp. 98–99. In commenting on Dorothy Solingers synthesis of autonomy and control in the Rosenbaum book, Vivienne Shue suggested that even as the state erodes it can also reinvent itself, adapting its structure and its ethos to its changing social context. See Vivienne Shues review of Rosenbaums edited volume in CQ, No. 135 (September 1995), p. 606. Shue comments further on the state–society paradigm in her review article, Grasping reform: economic logic, political logic and the state–society spiral, CQ, No. 144 (December 1995), pp. 1180–81.Google Scholar

⁴¹ Shao Dengsheng claims that there are two basic views on the causal connection between the Cultural Revolution and the subsequent rise of juvenile delinquency. His own view is: Without the cultural revolution, this peak period would never have occurred. Shao does recognize another view which holds that...it is too simplistic to attribute juvenile delinquency to the cultural revolution alone... Preliminary Study of Chinas Juvenile Delinquency (Beijing: Foreign Languages Press, 1992), p. 56. Borge Bakken has challenged the proponents of Shaos view arguing that the government in its defence of Chinese moral and cultural values vastly over–reacted to juvenile delinquency as a perceived threat to social order. See B0rge Bakken, Crime, juvenile delinquency and deterrence policy in China, Australian Journal of Chinese Affairs, No. 30 (July 1993), p. 29.

⁴² The situation of children in China, p. 20. Kay Johnson has raised the very pertinent criticism that while the poorer segments of Chinas population have witnessed increasing prosperity, Chinese orphanages are still disproportionately filled with girls. See Johnson, Kay, Chinese orphanages: saving Chinas abandoned girls, Australian Journal of Chinese Affairs, No. 30 (1993), pp. 61–88.CrossRefGoogle Scholar

⁴³ According to Professor Yu Shutong, adviser to the Internal and Judicial Affairs Committee of the NPC. See NPC adviser on protecting minors rights, Xinhua, 6 December 1991 in FBIS–CHI 91–235, 6 December 1991, p. 24.

⁴⁴ See Zhongfan, Wang (ed.), Zhongguo shehui zhian zonghe zhili de lilun yu shijian (Theory and Practice of Comprehensive Management of Public Order) (Beijing: Qunzhong chubanshe, 1989), p. 4.Google Scholar

⁴⁵ For discussion of this sector of the law refer to Ronald C. Keith and Lin Zhiqiu, Fighting corruption in Chinas rule of law economy, unpublished paper currently under review.

⁴⁶ The Chinese text of this law is in Funii he weichengnianren falii baohuquanshu (Complete Volume on the Legal Protection of Women and Children) (Beijing: Zhongguo jiancha chubanshe, 1991), pp. 10–16. The English text is in FBIS–CHI 91–174, September 1991, pp. 36–40.Google Scholar

⁴⁷ Song Rufen reviews draft laws, BR, 3 September 1991, FBIS–CHI 91–172, 5 September 1991, p. 27.

⁴⁸ Law of the PRC for the protection of minors, Xinhua, 4 September 1991, in FBIS–CHI 91–174, 9 September 1991, p. 37.

⁴⁹ Minors protected under the law, BR, 22–28 June 1992, p. 25.

⁵⁰ This kind of approach was previously explicit at the provincial level; for example refer to Regulations of Heilongjiang province on the protection of womens and childrens lawful rights and interests, Chinese Law and Government, Vol. 27, No. 1, January–February 1994, p. 11.

⁵¹ Keith, Chinas Struggle for the Rule of Law, p. 111.

⁵² The term, legal circles is often used in China to indicate legal scholars and jurists. More loosely used it may include legal experts in the justice system and NPC. B0rge Bakken suggests that the Chinese have...vastly over–reacted to this perceived threat to social order, in an effort to demonstrate the governments defense of moral and cultural values at a time of dramatic economic and social change. See Bakken, Crime, juvenile delinquency and deterrence policy in China, p. 29. The December 1995 white paper recently put a different slant on the issue of abuse by emphasizing the different conditions in the West and China, hence the statement: The family violence common in some Western countries is relatively rare in China. See The progress of human rights in China, p. 20.

⁵³ Adoption Law of the PRC, Xinhua, 29 December 1991 in FBIS–CHI 91–251, 31 December 1991, pp. 18–20.

⁵⁴ The report of the PRC on the implementation of the Nairobi forward–looking strategies, p. 10.

⁵⁵ A more positive gloss on this situation was put forward in a December 1995 report which claimed that the number of working women in cities and towns had risen from 52.94 million in 1990 to 56.45 million in 1994 and the ratio of women in the whole work force is 38% while women account for 50% of the work force in the countryside. See The Progress of human rights in China, p. 20.

⁵⁶ BR, 6–12 June 1994, p. 13.

⁵⁷ Implementation of the law on safeguarding the rights and interests of women, BR, 4–10 September 1995, p. 12.

⁵⁸ See Women and reform, China News Analysis, No. 1477(15 January 1993), p. 3and Keith, Chinas Struggle for the Rule of Law, pp. 112–13.

⁵⁹ Womens conference participant issues protest, Eastern Express, 22 September 1995, p. 13 in FBIS–CHI 95–185, p. 23.

⁶⁰ PRC law protecting womens rights and interests, FBIS–CHI92–072,14 April 1992, pp. 18–21.

⁶¹ Important legal weapon for protecting womens rights, interests, Renmin ribao, 10 April 1992, p. 1 in FBIS–CHI 92–075, 17 April 1992, p. 39.

⁶² The Report of the PRC on the implementation of the Nairobi forward–looking strategies, p. 8.

⁶³ Rosen Stanley, Women and political participation in China, Pacific Affairs, Vol. 68, No. 3 (Fall 1995), p. 339.

⁶⁴ This is based on the explanation of Ma Yinan who states a preference for fixing the pool of candidates in Guanyu wanshan funu quanyi baozhangfade ruogan sikao (Several thoughts on the perfection of the law on the protection of womens rights and interests), Zhongguo faxue. No. 5 (1994), p. 102.

⁶⁵ Ibid. pp. 104–105.

⁶⁶ Keith, Chinas Struggle for the Rule of Law, pp. 107–108.Google Scholar

⁶⁷ Zhang Xianyu, ZhongMei guanyu Dui funude baoli qinfan guoji yanjiu taohui shuping (A review of the Sino–American international conference on violence against women ), Faxue (Renda), No. 7 (1995), pp. 128–130.Google Scholar

⁶⁸ Minister on new maternal, infant health care law, Hong Kong AFP, 14 November 1994 in FBIS–CHI 94–219, 14 November 1994, p. 55.Google Scholar

⁶⁹ Standing Committee hears amendments to draft laws, Xinhua, 26 October 1994, p. 33.

⁷⁰ Yu Min, Lun nannii pingdengde xianfa yuance zai minshi lingyu neide zhijie xiaoli (On the direct effect of the constitutional principle of gender equality in the sphere of civil affairs), Zhongguo faxue, No. 6 (1995), p. 106.

⁷¹ Jichun, Shi, Woguo minfa tongze yu waiguo chuantong minfa zongzede bijiao (Comparing [Chinas] General Principles of Civil Law with the traditional civil law principles of foreign countries), Shehui kexue, No. 7 (1986), p. 24.Google Scholar

⁷² Stacey, Patriarchy and Social Revolution in China, p. 263

⁷³ For example see the review of 1994 Chinese jurisprudential debate in Editorial Department, Yijiuwunian Zhongguo faxue yanjiu huigu (Review on the studies of Chinese law in 1994), Faxue yanjiu, No. 1 (1995), pp. 3–40).

⁷⁴ This is a paraphrased reference to Elisabeth Croll s review of Christina Gilmartin, Gail Hershatter, Lisa Rofel and Tyrene White, Engendering China: Women, Culture and the State. See Elisabeth Crolls overview of recent literature in book review, Cg.No. 141 (March 1995), pp. 211–15.

⁷⁵ Rai, Shirin M., Gender, education and employment in post–Mao China: issues in modernisation, China Report, Vol. 29, No. 1 (1993), p. 3.CrossRefGoogle Scholar