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| 1 |
ID:
090113
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2009.
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| Summary/Abstract |
The marketization of China's economy and the attendant need for a supporting regulatory framework have resulted in extensive lobbying by Chinese and foreign industry. The central party-state has adopted an ambivalent posture toward this development. On the one hand, the government has encouraged the development of industry associations, public hearings, and comment-and-response periods for draft laws and regulations to routinize public policy consultations. On the other hand, the central party-state is deeply concerned about the political consequences of permitting greater social activism, and hence, it continues to constrain the maturation of these same formal institutions and processes. As a consequence, informal lobbying practices, such as direct lobbying and manipulation of the media, have become more prominent vehicles for industry involvement in the policy process.
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| 2 |
ID:
090115
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2009.
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| Summary/Abstract |
The analysis of the profile and role of China's Supreme People's Court needs updating. The Court is actively developing new interpretative formats that concern its relations with sister organizations and the National People's Congress. This article contextualizes these formats within China's changing institutional dynamics. China does not have a separation of powers; however, the Chinese system of justice does have its own separation of functions. The Court is playing a pivotal role from within the changing separation of functions, but the extent and quality of its independence from other organizations are open to question. In the context of deepening legal reform, the law is still incomplete and imperfect, and Court interpretation has often served as "secondary law." In short, pragmatic judicial interpretations have sometimes preceded legislation by Congress. Remedy such as secondary law might be justified as absolute administrative necessity given the outstanding structural problems that characterize China's criminal justice system, but it has attracted internal criticism that argues for narrowing the function of the Court to a more tightly disciplined judicial role as well as for plugging the holes in legal process and structure by creating guiding case law and supporting the "freedom of judge's decision making."
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| 3 |
ID:
090117
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| Publication |
2009.
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Based on case studies in the Shenzhen Special Economic Zone, this article analyzes the modern labor dispute resolution system in China. Although heralded as a bold step towards marketization with convergent characteristics of the Western market economies, the system suffers from institutional hangovers from the previous era and lacks certain Western benchmark features. Among the factors affecting the system's implementation, ownership is found to be the most important. State-owned enterprises show the highest probability of establishing a dispute resolution system, whereas a lower degree of compliance is found in the nonstate-owned enterprises where strong market forces prevail. The existence of a trade union seems to have no impact on workplace compliance.
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| 4 |
ID:
090119
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| Publication |
2009.
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| Summary/Abstract |
During the 1980s and 1990s, a "dominant discourse" of internal migration developed in China, portraying the migrants' contribution to China's economic development while highlighting the social problems associated with rural-to-urban migration. In recent years one can trace a shift, evident in academic research, popular and media rhetoric, and policy formulation, toward a more migrant-centered narrative. This article aims to show that this change was in part the result of an emerging alternative discourse-initially created by a cultural avant-garde-representing a growing interest in migration and an ambivalent and even sympathetic view toward migrants, their social quandaries, impact on urban society, and opportunities for integration. In the examination of this alternative discourse, the article reviews contemporary visual representations of migration and the surrounding discussions (at public events, in scholarly works, and on the internet), which reveal the creation of a sociocultural "public sphere." By unearthing the alternative discourse, the dialectical connection between discourse and social change is brought to light, as these visual works not only reflected a complex reality but also contributed to remodeling it.
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