The Rule of Law Approach to Government Governance in China*

Chinese government governance involves the two dimensions of autonomy and co-governance. The process of moving from government management to government governance is a synchronous process of moving from government by a legal system to a “rule of law” government. Such governance coincides with the rule of law in terms of fundamental guarantees, governance frameworks, intrinsic values, external forms, goal pursuits and construction paths and lays the foundation for the realization of government governance. The multi-subject structure, multiplicity of rules and regulations, interaction of processes, diversity of modes and complexity of disputes in this form of governance place new demands on the construction of the rule of law. In response to these needs, we should improve the government’s functional orientation and the disposition of its powers by means of statute law; expand the types of administrative bodies and improve the laws on administrative organizations; enrich the sources of law; use consensus rules to improve controlling rules; be guided by interactivity in improving the administrative procedure system; normalize diversified administrative behavior; and establish multiple dispute resolution mechanisms and strengthen right relief. This will highlight the rule of law path taken by government governance. In the course of the integration and interaction of such governance with the rule of law, we will need to coordinate our responses to its latent risks, such as governance pitfalls and the limitations of the rule of law.     

The Labor Law and the Preferential Treatment for Small Businesses

Tens of millions of small businesses, including countless individually run businesses, are operating in China. Hampered by their scale and limited job creation capacity, China’s small businesses need a more flexible approach to employment. In fact, their small size and their lack of technical expertise and standardized management mean that these small businesses find it hard to operate in strict compliance with labor laws in the way larger businesses do. Some other countries and regions tend to give preferential treatment to small businesses, exempting them from some of the provisions of labor law. China could consider changing the “one size fits all” provisions of its labor law to give preferential treatment to small businesses with regard to terminating employment contracts, drawing up regulations, signing contracts, and anti-discrimination in employment requirements.     

The Influence of “Made in China” on the Great Moderation of the Global Economy：An Empirical Test Based on Value Chains*

We have collected data on China’s 22 main trading partners for 1984-2012 and used System GMM to study the influence of “Made in China” on the “Great Moderation” of the global economy. Our research shows that although trade scale, real effective exchange rate, oil prices, fixed capital investment and other variables have significantly expanded global economic volatility, “Made in China” has markedly restrained output growth rate fluctuations in countries around the world and price fluctuations in developed countries, helping the global economy develop with “high growth, low volatility.” “Made in China” is a long-term variable in the context of the global value chain. China needs to take advantage of global value chain restructuring to further upgrade and develop processing and manufacturing industry and expand its presence in the international market. It could choose to adopt a “mirror strategy” and launch trade sanctions targeting counterpart industries or enterprises to counter irrational trade sanctions from the developed countries. At the same time, however, it is important for China to make its own contribution to improve global economic governance and building a new international economic order in the era of global value chains by strengthening its policy coordination with other countries.     

The Changing Mode of Legal Regulation of Labor Relations in China

At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers “as a whole, with everyone treated equally.” This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers’ “affiliation,” forms of employment are highly diverse. In addition to regular employees, there are also “quasi-employees” (employee-like persons) whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative thinking behind labor laws. While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employee and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size-fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. We should abandon the traditional old-fashioned model in which “all labor law provisions apply” or “no labor law provisions apply” and categorize employees in such a way as to provide special rules for quasi-employees, special employees and employees of special employers. The legal regulation of labor relations should be based on categorization and differential treatment.     

Multiple Social Networks in Grassroots Governance in Rural China*

Existing research on grassroots rural governance in China adopts a network perspective to explore the role of traditional social vehicles including clans, clan clusters and popular beliefs in improving village governance. However, most of this research has concentrated on analyzing the way in which horizontal network relationships lead to effective village governance. It has thus to some extent neglected the basic reality of the overlapping interconnections between the “top-down” administrative system and the informal structure of village governance. In fact, an analysis that proceeds from the features of the government’s own organizational network, the social structure of the village itself and the position of its elites in order to focus on modes of interaction within the village under the intermixture of (formal) system design and (informal) social relations, shows that differences in the composition of the government’s promotional networks resulting from the traits of key officials affect the speed of policy dissemination as well as the government’s mode of interaction with the village elites. Moreover, differences in these modes of interaction further influence the subsequent operation of self-organization based on social traditions (“filial piety” or “morality”). At the same time, structural elements, including the economic and social relations of the village itself, determine whether self-organization will improve the quality of governance in the long term. This finding can serve as a reflection on and critique of the theories of “strong government” and “tradition” current in academia.     

Legislation on the New Types of Cybercrime and Its Application

The new types of cybercrime have different features from traditional “cumulative crimes.” The application of the relevant provisions of the Criminal Law has run into difficulties, and the relevant theoretical explanations of substantive preparatory crime and being an accomplice in crime find it hard to achieve self-consistency. Legislation on the new types of cybercrime is a legitimate response to recent changes in this area. Utilizing the particular techniques of cybercrime and the circumstantial requirement of limiting the amount of criminal harm is the key to satisfying the conditions for offences warranting criminal punishment. The harmfulness of the new types of cybercrime is not great; the law’s circumstantial requirements are flexible, and the criteria for judicial application are unclear, so the law’s provisions are seldom invoked and the sphere of criminal activity is unduly expanded. In order to give full play to the effectiveness of this legislation, we should formulate reasonable judicial rules that accord with the constitution of cybercrimes, narrow down the constituent elements of such crimes in a reasonable way, and categorize and limit the interpretation of circumstantial requirements.     

A Community of Shared Future for Mankind—The Contemporary Development of the Social Foundations Theory of International Law*

In the traditional understanding, the social basis of the emergence and existence of international law can be summed up as an international society in which interstate conflict and cooperation and interests and contradictions coexist. In recent years, the term “international community” has been widely used in national practice and academic discourse. Many scholars believe that the development of interstate relations indicates that the international community is being transformed into a global international community. The concept of “a community of shared future for mankind” reflects China’s new understanding of the social foundations of international law. It introduces Chinese traditional culture into global governance, develops Marxist theory on the community, is concerned both for mankind as a whole and for individuals, highlights the ultimate issues of the international community, and emphasizes the international community’s union of diversity and interdependence. The idea of “a community of shared future for mankind” is of great significance for the theory and practice of international law; it reflects the emergence of methodological holism, the response of international law to the questioning of its legitimacy, and the trend toward hierarchical systematization in international law. The concept of “a community of shared future for mankind” is of great value to China’s participation in the reform of the global governance system. It will help promote appreciation of the relations between China and the world, enhance China’s international discourse power and discourse force, and promote the rule of law in international relations that China advocates.     

我国乡镇政权角色和行为的社会学研究综述

本文按照“结构 / 制度”和“过程 / 事件”两种研究取向，梳理了社会学界对1980年以来乡镇政权的角色和行为研究的成果。前者解释了乡镇政权由于考核评分体制的压力而被动产生失范行为的原因；后者以动态的、微观的研究视角分析具体事件过程中乡镇政权的行动者其角色和策略选择。“结构 / 制度”和“过程 / 事件”研究并不矛盾，可以相互借鉴。综合上述研究，文章认为对当前农村税费改革后乡镇政权在“国家”和“农村社会”新型互动关系中的角色和行为的研究也可借鉴上述研究。     

我国网络问政的主要形式及其发展策略

网络问政作为连接政府与公众的桥梁,正以其独特的影响力在我国政治社会生活中发挥着重要作用。当前,我国网络问政存在有序的自上而下、无序的自上而下、无序的自下而上和有序的自下而上四种形式。网络作为公民问政的新型载体,其开放性和平等性激发了公民的参与热情,大大降低了公民参与问政的成本,但也表现出代表性不足、参与的非理性、非规范性等弊端。今后,政府需要建立制度规范、提高网络问政领导能力,网民需要培育良好的网络道德、树立公民意识,并通过完善立法、提高技术水平和借鉴国外良好做法等途径来整体提高我国网络问政水平,更好地推动我国民主政治建设。     

“桑梓情谊”的现代转化：费孝通社会理论的情感维度

费孝通的社会理论在社会结构方面更受学界重视，而其中的情感维度尚未得到足够关注。本文试图在费孝通早年有关中国现代化的理论视域中，梳理他有关“桑梓情谊”与“亲属情谊”“乡土工业”“村镇地方团体”之间关系的探索和讨论，进而呈现费孝通社会理论中对于情感的重视。 在费孝通看来，中国的现代化应该以中国传统社会组织为基础来嫁接西方现代技术， 从而推动整个社会从传统向现代的有效过渡。 在此过程中，他尝试将既旧且新的“桑梓情谊”阐释为现代中国社会的情感基础。 文章认为，“桑梓情谊”表征并构造了本地的根源与大社会的流动以及地方与国家的人际关联， 是理解费孝通社会理论之情感维度的关键，对我们思考当代中国现代化建设也有一定的启示。     

社区治理：公民社会的微观基础

本文试图通过分析“civil society”和“community”两个概念的具体内涵在中国学术话语中的变化历程,在一定程度上显示中国城市基层社区中公民社会的微观基础,以及这种微观基础与“社区共治”和社区“治理结构”的微妙联系,同时也提醒读者,要深刻揭示这种微妙联系,就必须把研究视角聚焦到具体行动空间的权力关系及协调机制。     

On the Development of a Chinese Discourse in Literary Studies Based on Current Practice

There are two mistaken tendencies in the development of a Chinese literary discourse in academia. One is the “red dancing shoes” phenomenon, where scholars run helter- skelter after the latest developments in Western literary theory; the other is the “bound feet” phenomenon, where tradition-bound scholars believe that tradition must be kept unchanged and that Chinese literary theory should be cleansed of all alien elements. Neither approach is desirable. Contemporary Chinese literary theory should be grounded in present realities and should distinguish between substance and function. “Substance” has to consist of China’s present literary creation and critical practice; only thus can we appropriate Western and traditional Chinese literary theories in the service of today’s needs, and make the ancient serve the modern and the foreign the Chinese. This will enable us to develop a literary discourse that is both contemporary and Chinese.     

Deliberate Trust and Intuitive Faith: A Dual‐Process Model of Reliance

Drawing on the dual process framework from social and cognitive psychology, this paper reconciles two distinct conceptualizations of trust prevalent in the literature: “rational” calculative and irrational “affective” or normative. After critically reviewing previous attempts at reconciliation between these distinctions, we argue that the notion of trust as “reliance” is the higher order category of which “deliberate trust” and “intuitive faith” are subtypes. Our revised approach problematizes the conflation of epistemic uncertainty with phenomenological uncertainty while providing sound footing for a key sociological insight: that reliance on the routine social order is both the cognitive default and based on substantial practical evidence. We develop two broad suggestions for future research from these implications: (1) sociological research should examine the role of intuitive faith—as opposed to deliberate trust—in late modern societies, and (2) analysts should challenge the role of deliberate trust as the “modal” form of reliance in contemporary research.     

多边贸易体制下中国发展中国家地位问题研究——基于历史、现实与规范的多维考察

当前,发展中国家地位问题受到国际社会的高度关注,已成为世界贸易组织改革中的主要讨论议题。然而,现行世界贸易组织多边规则体系中并没有关于“发展中国家地位”的清晰界定,“自我认定”的方式正遭受一些国家的挑战。发展中国家地位和特殊与差别待遇条款密切相关,世界贸易组织规则体系中涵盖的155项特殊与差别待遇条款为发展中国家的国内政策提供了一定的灵活性,尽管多数为“最佳努力条款”。中国的发展中国家地位兼具身份和契约的双重属性,部分发达国家迫使中国放弃发展中国家地位,本质上旨在继续维持其在国际经济秩序中的主导地位。虽然中国的发展正处于“强起来”的第三阶段,但仍须坚持发展中国家地位不动摇。放弃发展中国家地位并不等于将获得发达国家的自动接纳,相反,还会影响到在其他国际组织和国际事务中的角色扮演,中国的发展离不开广大发展中国家的支持。当然,坚持发展中国家地位并不等于需要和其他发展中成员享受完全一致的差别待遇,在后续谈判中,中国可以保持一定的灵活性。在国际治理中,中国也将继续为国际社会的发展提供解决方案,树立负责任大国形象。     

The Role of Consultative Democracy under the Constitutional Framework and the Associated Rule of Law*

The logical sequence of China’s state governance is “governing party—consultative conferences—people’s congresses—the people.” The “governing party—consultative conferences” link in the chain involves political consultation through people’s consultative conferences. The “governing party—consultative conferences—people’s congresses” link involves a process of obtaining legitimacy for the Party’s views based on political consultations which are then translated into the national will by the system of people’s congresses. The “people’s congresses—the people” link involves the two-pronged logic of elections and governing the country according to law. The “governing party—the people” link is an illustration of the party’s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the “governing party—consultative conferences” link and the social consultation in the “governing party—the people” link in the chain, both of which are connected through the system of people’s congresses. This logically determines the inner relations between the Party’s leadership, consultative democracy and the people’s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of “political consultation—legislative consultation—social consultation” is created to guide development of the actual system.     

From “State and Society” to “Institutions and Life”: A Shift in the Study of Social Change in China

Abstract

The term “institutions and life” is proposed as an alternative perspective to “state and society.” Here, “institutions” refers to formal institutions set up in the name of the state and supporting its agents at various levels and in different departments in the exercise of their functions. “Life” refers to the everyday activities of social beings, involving not only the interests, powers and rights-based claims of expedient production and life strategies and techniques, but also relatively routine popular mores and informal institutions. The purpose of constructing and applying this perspective is to probe the complex mechanism of the interaction between living subjects and the agents of formal institutions in institutional practice and thereby analyze the actual logic and changing direction of China’s formal institutions and explore the mechanisms behind changes in mores so as to grasp the main thread running through China’s modern nation building.     

多学科视角下的社会抗争研究

当前,中国社会抗争的性质、动因和治理问题形成了各具特色又相互关联的研究理路：社会抗争的社会学研究更多地从社会（结构）出发,研究社会结构、社会分层等因素对社会抗争的结构性影响;社会抗争的法学研究更多地从公民（主体）出发,研究公民权利维护和救济以及国家对社会抗争的法治;社会抗争的政治学研究侧重从国家和政府（制度）出发,以抗争政治学为理论范式,关注社会抗争的性质和治理。本文分析了社会抗争研究的三种理论路径,希望社会抗争治理研究上能形成合力。     

Revisiting demand,politicization and externalization in authoritarian political regimes: policy advisory system in Russian practices

ABSTRACT

This study contributes to debate on three related questions in Policy Advisory System research. Is the Policy Advisory System concept applicable in countries other than developed democracies? How does it function in a state-centred authoritarian regime? How does the authoritarian environment affect tendencies such as “politicization” and “externalization”? These questions are addressed using materials on the current Russian governance structure and advisory practices, focusing on two broadly defined “governance subsystems” in the Presidential Administration of Russia, “Political Bloc” and “Economic Bloc”, both acting as regular customers for advisory communities. One finding is the phenomenon of “Dual Demand” from the same centre of power—“stability” for “Political Bloc” and “innovation” for “Economic Bloc”—which contributed to creation of two different clusters of policy advisory agencies with different statuses. Other findings include transformation of “politicization” to policy control mechanisms and attempted “externalization” turning into the reverse—“internalization”—bringing independent advisory organizations under the supervision of government structures.     

Some Aspects of Advisory Board Functioning in a Large Urban Area

In order to gain a better understanding of conmunity mental health advisory boards, a survey of board members was conducted to identify their perception of various aspects of board structure and processes and of the adequacy of board and center operations. The sample consisted of 40 respondents representing boards of 15 of the 19 centers of an urban mental health department. Board members tended to be action oriented, highly concerned with the administrative operations of the centers, and satisfied with board meetings and board and center effectiveness. A positive relationship between board members and professional staff, particularly with the director, was associated with positive perceptions of board meetings and members' participation. Strengths and weaknesses of board are discussed and suggestions of topics for future study are offered.     

“一体多面”：中华帝制时期的国家—社会关系再研究

关于中华帝制时期国家与社会的关系特征国内外学术界提出了诸多理论概括,诸如“士绅自治”“吏民社会”“官民合作”,等等。本文从行政发包制理论的视角重新审视关于中华帝制时期国家—社会关系的现有理论概括,借助“行政外包”这一分析概念,强调特定的治理领域特征与行政外包的具体形态之间的对应关系,进而揭示国家与社会互动关系的运行机制和内在逻辑。本文试图提出“一体多面”的概念,重新概括中华帝制时期国家与社会关系的总体特征,为理解中华帝制的“权力一元性”与“治理多样性”的奇妙结合提供新的观察视角和分析框架。