Index
access to justice
as collective issue, 369
defined, 374
evolution of, 357
as political concept, ,
in the West,
workers’ rights and, , 373
Administrative Punishments Law (APL)
procedural rules for,
sex workers under
basic principles of,
hearing procedures, 330
ordinary procedures,
procedural rules for,
summary procedures,
alienating rights,
All-China Federation of Trade Unions, 296
All-China Lawyers Association, 295
Angle, Stephen, 232
Annotations Mencius (Zhu Xi), 70
anti-corruption campaigns,
CCDI, 181
Balancing Leniency and Severity agenda, 12
Bell, Daniel, 233
benevolent absolutist societies, 93
Baoma (BMW) case, , 207
Brigham, John,
bureaucratic justice, 313
buyi (non-yi),
capitalism, in A Theory of Justice,
Central Commission for Discipline Inspection (CCDI), 181
Chan, Joseph, 232
Chang Kai, 369
Charity Law, 287
Chen Guangzhong, 148
Chen Jianyang, 153
Chen Xitong,
Chen Zhen,
Chen Zhongzi, 78
chengguan officers,
China. See also Imperial China; law; legal systems; People’s Republic of China; Republic of China
communism in, development of, 3
ideological reform in,
Chinese Communist Party (CCP), 3. See also civil litigation and justice; Zhou Yongkang
economic development targets for, 290
on judicial populism, 197,
legal reforms and,
legal systems influenced by,
local protectionism under,
Plenum Decisions,
Circuit Court system under,
on public opinion influencing criminal case verdicts, ,
post-Internet cases,
pre-Internet cases,
Resolution under,
social development targets by, 290
‘Three Supremes’ policy, 219
wrongful convictions and, 142
under Xi Jinping, 26
Chinese Dream programme,
The Chronicle of Zuo (Zuo Qiuming), 78
Chung-Ying Cheng, 71
Circuit Court system,
civil law reform,
civil litigation and justice
grievance petitions,
labour equality and,
procedure rules, 288
purpose of,
state reform of, 287
civil society, spectators and, 170
civil-society organisations, 54
Cline, Erin, 68
coercive shame, 74
collective complaints,
complaints, in civil litigation,
Confucianism
contemporary, 233
critical, 233
high justice and, ,
human rights and, 232
Legalist School and,
liberalism and,
low justice and,
moral qualities of rulers and,
non-conformity with,
particularism of,
shame and, 74
Socialism and,
yi as paradigm of,
Zhong Yong and, 79
Confucius, Rawls and the Sense of Justice (Cline), 68
The Constant Mean (Legge), 79
Constitution, China, 11
construction industry, migrant workers in,
court trials
propaganda and,
rule of law and,
critical Confucianism, 233
Cui Min, 148
The Cult of the Court (Brigham),
cultural change, justice and,
culture of denial, 142
Dai Yiquan,
dao (natural order of things),
death penalty cases, . See also public opinion, justice influenced by
under ‘Kill Fewer, Kill Cautiously’ policy,
application of, 217
Li Changkui case,
debased status class, 317
Deng Guida, 206
Deng Liqun,
Deng Xiaoping
Opening and Reform campaign, 244
propaganda under,
public opinion as influence on justice under,
Deng Yujiao, , 212
dignity,
disintegrative shaming, 74
disruptive tactics, by migrant workers, 257, ,
as action against social order, 266
effectiveness of,
social factors leading to, 258
targets of,
distribution of wealth, 85
distributive justice, procedural justice and, 92
The Doctrine of Mean (Watson), 79
‘Document Number 9,’
domestic violence, in PRC, 88
Dongguan city, prostitution in,
Dongyang Glory Society, 179
Du Peiwu, 145
Duan Yi,
Dui Hua, 333
economic reform through,
employer bias, workers’ rights and,
exclusion from legal channels, for migrant workers,
fairness, in procedural justice, 92
Falun Gong,
feminist activism, under Xi Jinping, 54
Feng Zhiming, 156
Four Comprehensives campaign, 131
Four Modernisations agenda, , 10
Futian incident,
Gao Jianxi, 174
Gao Zi, 72
Garland, David, 9
Goldman, Merle, 244
gongmin,
gongyi (impartial justice), , 80,
good governance principles, 230
government-organised non-governmental organisations (GONGOs), 296
Great Qing Code, 240
grievance petitions,
Guo Yushan, 54
Han Fei Zi (Legalist text),
Hard Strike Reification campaign,
Henry, Stuart, 6
household registration system,
Hu Jintao, , 26, 47,
on governance,
judicial populism under, 198,
on death penalty cases,
legal reform and, 208
Social Stability Maintenance and,
‘Turn against Law’ and,
media under, 36
Stability Maintenance programmes under, 114
huabiao (ceremonial columns),
contemporary symbolism of,
during Han Dynasty,
defacing of,
Huang Haibo,
Huang Huanhai,
human nature, yi and,
Iaojiao facility, 41
Ignatieff, Michael, 240
Imperial China, prostitution in, 317
informed disenchantment, of workers, 368
International Monetary Fund,
Internet, judicial populism and,
interpretive concept, 229
‘iron rice bowl,’ as socialist welfarist style, 362
Jasmine Revolution, 41
Jeffreys, Elaine,
Ji Chengsong, 181
Ji Weidong, ,
thin theory of the good and, 102
Jian Weijie,
Jiang Aizhen, , 207
Jiang Hua, 289
Jiang Shigong,
Jiang Zemin
rule of law under,
yifa zhiguo under,
journalists, imprisonment of,
judicial populism. See also public opinion, justice influenced by
CCP policies on, 197,
failure of, 224
under Hu Jintao, 198,
on death penalty cases,
legal reform and, 208
Social Stability Maintenance and,
‘Turn against Law’ and,
‘Kill Fewer, Kill Cautiously’ policy and,
application of, 217
under rule of law, 198
under Xi Jinping, 198,
judicial transparency,
justice. See also access to justice; high justice; law; legal systems; low justice; procedural justice; public opinion, justice influenced by; Rawls, John
bureaucratic, 313
conceptual development of, 67
cultural change and,
development of, 68
discursive frameworks of,
distributive, 92
expressive, 9
as fairness,
formal, 313
in Han Fan Zei,
human rights lawyers’ response to,
as indigenous value, , 188
instrumental nature of,
legal consciousness of,
legal guilt and,
moral tradition and, 236
as operation in penal system, 169
performative nature of,
as personal virtue, 240
as popular consensus, 169
populist mode of,
public confidence in, restoration of, 27
rights-centred approach to, 239
social, 99
societal function of, 27
Soviet model of, 313
as spectacle,
as stated value, 169
substantive, procedural justice compared to, 92,
syntagm for, 171
as text,
third realm of, 17
traditional interpretations of, 236
in Twelve Socialist Core Values, 381
‘Kill Fewer, Kill Cautiously’ policy,
application of, 217
labour arbitrations, for migrant workers, 262
labour dispute resolutions
credibility of, 367
development of, economic factors for,
globalisation as influence on, 356
individual grievances as focus of,
informed disenchantment with, 368
legal aid for,
migrant workers and, 364
through strikes,
labour equality,
labour markets, in China. See also labour arbitrations; labour dispute resolutions; migrant workers; state-owned enterprises; workers’ rights
economic shocks to, , 374
reform of,
urban manufacturing sectors and,
labour strikes,
Lao Zi, 85
laojiao (detention for labour and re-education) system
decision-making and, lack of transparency in,
elimination of, 50
law, in China
economic reform through,
limited role of,
purpose of,
reflexive, 101
state-building through, 289
structuralist models of, 6
The Law of the Peoples (Rawls), 93
Law on Management of Foreign Non-Governmental Organisation (NGO), 287
Law’s Empire (Dworkin), 229
legal aid, for workers,
legal consciousness,
research findings on,
structural conditions for,
legal guilt, determination of,
legal order, morality and,
legal scholarship, in China
Rawls on,
A Theory of Justice and,
thin theory of the good,
Legalism,
Confucianism and,
Socialism and,
universalism of,
Legge, James, 79
Legislation Law 2000, 321
Leniency and Severity,
Leys, Simon, 79
li (moral judgment),
Han Fei Zi on, 85
Li Changkui, ,
Li Gang, 213
Li Hualiang,
Li Lin, 98
Li Qiming, 213
Li Qiuming, 149
Li Tianyi,
Liebman, Benjamin, 219
Lin, Delia, 381
Lin Zhun, 118
‘Listening to the Feelings of the People’ campaign,
Leniency and Severity and,
Li Changkui case,
Yao Jiaxin case,
Liu Renwen, 224
Liu Xinyu,
Liu Zhongxia,
local protectionism,
Ma Kechang, 148
Ma Xiwu, 345
Maoism,
populist mode of justice and,
marketisation of media,
Marriage Law, 116
Marxism, morality and, 168
Mathieson, Thomas, 115
media. See also journalists
expansion of, 36
under Hu Jintao, 36
marketisation of,
Wu Ying case in,
mediation, in civil litigation, 293
Mencius,
on conduct and acts considered as yi,
on four cardinal virtues,
on moral qualities of rulers,
on shame,
Meng Jianzhu,
The Middle Use (Waley), 79
The Middle Way (Leys), 79
migrant workers. See also access to justice
in construction industry,
disruptive tactics by, 257, ,
as action against social order, 266
effectiveness of,
for perceptions of lack of justice, 276
social factors leading to, 258
targets of,
economic shocks for, , 374
exclusion from legal channels,
informal complaints by, 262
justice perceived by, lack of,
cultural influences on,
disruptive acts as result of, 276
evidence and, migrants’ conception of,
government blame for,
reinforcement of,
in labour arbitrations, 262
under Labour Contract Law, 261,
under Labour Law, 364
legal consciousness of,
research findings on,
structural conditions for,
moral universe of, 276
rightful resistance by, 257
social status of, 257,
written contracts for, lack of, 263
minimum wage,
Minzner, Carl, 208
Mohism, 77
moral agency, yuan and, 19
moral guilt, determination of,
morality
in Analects of Confucius, 231
Han Fei Zi on, 84
legal order and,
Marxism and, 168
of rulers, in Confucianism,
for spectators of justice,
syntagm for justice, 171
for Wu Ying, 185
Mousan, Zou, 232
MPS Regulations. See 2012 MPS Regulations on the Procedures for Handling Administrative Cases by Public Security Organs
Munro, Donald, 73
Nagel, Thomas, 239
narcissistic shame, 74
National People’s Congress (NPC),
New Normal campaign, 131
New Proceduralism,
Nian Bin,
Nie Shubin, , 210
One Belt One Road campaign, 131
open trials, 119
Opening and Reform campaign, 244
Operation Silent Storm, 319
particularism,
penal system,
as impermeable to transposition of legal concepts, 188
legal guilt and, determination of,
moral guilt and, determination of,
procedural safeguards within, 173
people-centred governance, 314
prostitution and,
enforcement practices against,
legal regulatory frameworks for,
People’s Republic of China (PRC). See also justice
Balancing Leniency and Severity agenda in, 12
as benevolent absolutist society, 93
domestic violence in, 88
foundation of, 3
Four Modernisations agenda in, , 10
Harmonious Society agenda in, , 10,
Maoist ideology in,
party-state legitimacy in,
prostitution in,
as regulatory state,
sex workers in, punishment of,
Southern Street Movement in, 52,
Pils, Eva, 82
Plenum Decisions, by CCP,
Circuit Court system under,
Political Liberalism (Rawls), 93
populist mode of justice,
in Maoist era,
prostitution under,
Pound, Ezra, 79
primary social goods,
primitive shame, 74
Private Justice (Henry), 6
procedural justice
conceptual definition of, 92
distributive justice and, 92
fairness in, 92
New Proceduralism and,
Rawls on
radicalisation of,
on rights as part of,
thick conception of the good in,
thin theory of the good and, ,
reflexive law and, 101
rights as part of,
lexicographical priority of, 98
substantive justice compared to, 92,
in A Theory of Justice,
Wang Liming on, 104
procurators, 297
propaganda
anti-corruption campaigns,
CCDI, 181
Balancing Leniency and Severity agenda, 12
under Deng Xiaoping,
five year campaigns,
Four Comprehensives campaign, 131
Four Modernisations agenda, , 10
Hard Strike Reification Campaign,
‘Listening to the Feelings of the People’ campaign,
Leniency and Severity and,
Li Changkui case,
Yao Jiaxin case,
New Normal campaign, 131
One Belt One Road campaign, 131
Opening and Reform campaign, 244
in public sphere in China, 35
pufa jiaoyu campaign,
‘Ruling the Nation According to the Law,’ 385
Six Evils campaign,
in twenty-first century, 131
types of, 116
under Xi Jinping, 54, ,
for yifa zhiguo,
prostitution
under Criminal Law,
in Dongguan city,
under formal modes of justice,
Hard Strike Reification Campaign for,
laws against
ambiguity of, 313
campaign-style enforcement of,
as criminal offence,
institutionalisation of,
multi-faceted approach to, 319
reform of, 350
people-centred governance and,
enforcement practices against,
legal regulatory framework for,
under populist mode of justice,
Six Evils campaign and,
state attitude towards, historical context for, 313
in Imperial China, 317
Operation Silent Storm, 319
in PRC era,
Six Evils campaign, 318
state-centred governance and,
enforcement practices against,
legal regulatory frameworks for,
Pu Zhiqiang, 39,
public opinion, justice influenced by. See also spectators; Sun Zhigang
Baoma case, , 207
CCP and, ,
post-Internet cases,
pre-Internet cases,
criminal case verdicts, 196
under Deng Xiaoping,
Deng Yujiao case, , 212
historical development of,
Jiang Aizhen case, , 207
‘Listening to the Feelings of the People’ campaign and,
Leniency and Severity and,
Li Changkui case,
Yao Jiaxin case,
litigation strategy influenced by,
meaning of,
Xu Ting case, , 207
Zhang Jinzhu case, , 207
Public Security Administrative Punishments Law (PSAPL)
sex workers under, ,
basic principles of,
hearing procedures, 330
ordinary procedures,
procedural rules for,
summary procedures,
shoujiao and,
public sphere, in China,
functions of,
legal reforms and,
political reforms and,
Communist Party resistance to, 34
propaganda systems and, 35
socio-economic change and, 33
spectators and, 170
structural transformations and,
pufa jiaoyu campaign,
Qin Dynasty, 87
Qing Dynasty,
Rawls, John, 93
on benevolent absolutist societies, 93
on Chinese legal scholarship,
original position for,
on procedural justice
radicalisation of,
on rights as part of,
thick conception of the good in,
thin theory of the good and, ,
reflexive law, 101
reforms. See also justice reform; legal reforms
civil law,
to CPL, 344
to Criminal Law, 344
political,
Communist Party resistance to, 34
of prostitution laws, 350
Ren Jianxin, 200
Republic of China (ROC), 3
rightful resistance,
by migrant workers, 257
rights, human
alienating,
as approach to justice, 239
assertion of, 291
citizen-led initiatives for,
Confucianism and, 232
in procedural justice,
lexicographical priority of, 98
Southern Street Movement and, 52,
waiving,
yuan and, 19,
rights claims, 239
Rosenzweig, Joshua, 381
rule of law. See also yifa zhiguo
through CCP, 124
with Chinese characteristics, 298
court trials and,
under Deng Xiaoping, 10,
as framework for modernisation,
institutionalisation of law through,
propaganda under,
pufa jiaoyu campaign,
globalisation of,
under Hu Jintao, 113
under Jiang Zemin,
judicial populism under, 198
meanings in, 115
for parks and streets,
party-rule through,
socialist, 5
‘Socialist Rule of Law,’ 10, , 285
as framework for modernisation,
institutionalisation of law through,
propaganda under,
pufa jiaoyu campaign,
SOEs under,
thin, 5
UN definitions of,
under Xi Jinping,
School of Law,
secret arrests
Jasmine Revolution and, 41
public opposition to,
residential surveillance measures and, 40
sex workers, punishment of, . See also prostitution
under APL
basic principles of,
hearing procedures, 330
ordinary procedures,
procedural rules for,
summary procedures,
campaign-style enforcement of,
compulsory testing of, 321
debased status class for, 317
enforcement practices for, critique of,
in Futian incident,
Hard Strike Reification campaign for,
in Imperial China, 317
interchangeability of,
legal categories for,
legal features of,
legal reform of, 315
legal vulnerability of,
under Legislation Law 2000, 321
under MPS Regulations, ,
basic principles of,
hearing procedures, 330
ordinary procedures,
summary procedures,
in PRC era,
under PSAPL, ,
basic principles of,
hearing procedures, 330
ordinary procedures,
procedural rules for,
summary procedures,
public humiliation of,
Six Evils campaign and,
uncontrolled discretion in,
Sharp, Gene,
shen yuan, 238
shoujiao (detention for education)
delegation of, impermissibility of, 336
legal basis of,
proportionality of, lack of, 337
PSAPL and,
scope of discretion for, broadness of, 338
unconstitutionality of,
unequal application of,
Shu Xiang, 83
Significance of the Legal Process (Ji Weidong), 101
Simpson, Millie, 259
Six Evils campaign,
social action,
social justice, 99
social relations,
Social Stability Maintenance,
socialist paternalism,
‘iron rice bowl’ style of, 362
socialist rule of law, 5
‘Socialist Rule of Law,’ 10, , 285
as framework for modernisation,
institutionalisation of law through,
propaganda under,
pufa jiaoyu campaign,
Song Keng, 76
Southern Street Movement, 52,
spectators, of justice,
civil society and, 170
for judicial drama,
moral norms for,
public sphere and, 170
weiguan and, 170
state-centred governance, 314
prostitution and,
enforcement practices against,
legal regulatory frameworks,
structuralist models of law, 6
‘Su Xiuwen, 204
substantive justice, procedural justice compared to, 92,
Supreme Court, United States
authority of, development of,
social action by,
Supreme People’s Court (SPC), 45, 126, 289
Liu Yong case and,
Wang Shengjun and, 208,
wrongful conviction legislation reforms and,
Supreme People’s Protectorate (SPP), 51
Taking Rights Seriously (Dworkin), 94
Tang Jingling,
Tanner, Scot, 341
Teubner, Günther, 101
A Theory of Justice (Rawls), 93
capitalism in,
Chinese legal scholarship and,
primary social goods in,
procedural justice in,
socialist systems in,
thin rule of law, 5
‘Three Supremes’ policy, 219
Tian Chengyou, 216
Tian Liping, 153
Tian Weidong, 153
Tian Wenchang, ,
torture, wrongful convictions after,
Tsze Sze, 79
Tung-Tsu Ch’ü, 87
‘Turn against Law,’
Twelve Socialist Core Values, 381
waiving rights,
Waley, Arthur, 79
Wan Zhang,
Wang Dong,
Wang Jiafei, 215
Wang Jianping, 153
Wang Lijun, 43
Wang Shengjun, 208, ,
Wang Shujin, 145
Wang Yong,
Water Margin,
Watson, Burton, 79
weiguan (surrounding gaze), 170
the West, access to justice in,
Women’s Protection Law, 296
workers’ rights. See also labour arbitrations; labour dispute resolutions; migrant workers
access to justice and, , 373
through autonomous worker organisations, 370
employer bias and,
expansion of, 363
future of,
historical development of,
individual grievances as focus of,
informed disenchantment over, 368
under Labour Contract Law, 261,
under Labour Law, 362
through labour unions,
legal aid as part of,
minimum wage and,
politicisation of,
private model for,
through rightful resistance,
semi-proletarianisation process of,
socialist paternalism and,
SOEs and,
World Bank,
written contracts, migrant workers and, 263
wrongful convictions
CCP and, 142
under CPL,
culture of denial and, 142
of Du Peiwu, 145
legal definition of, 141
in literature,
of Nie Shubin,
official recognition of, 143
political costs of, 142
public attention to, 143
social costs of, 142
through torture,
under Xi Jinping, , 159
of Zhang Gaoping,
of Zhang Hui, ,
of Zhao Zuohai,
Wu Lingling,
Wu Meirong, 179
Xi Jinping, 10,
anti-corruption campaign by,
CCP under, 26
civil-society organisations under, 54
core socialist values, 67
feminist activism under, 54
on governance,
importance of party leadership for, 114
judicial populism under, 198,
justice system under, , 383
during Chinese Dream programme,
through legal reforms,
public protests and,
through repression,
restoration of public confidence in, 27
leadership style of,
media control by, 54
propaganda use by, 54, ,
recentralisation of political authority, 122
rights lawyers under, treatment of,
rule of law under,
‘Ruling the Nation According to the Law,’ 385
Stability Maintenance agenda under,
Twelve Socialist Core Values for, 381
wrongful convictions under, , 159
yifa zhiguo under, ,
Xiang Shengyuan, 153
Xin He, 219
Xiyuan Action Network,
Xu Ting case, , 207
Xu Xianming, 234
Yang Su, 219
Yanhuang Chunqiu, 48
Yao Dazhi, 97
yi,
acts considered as,
conduct considered as,
as Confucian paradigm,
dao and,
Han Fei Zi on,
human nature and,
li and,
Mencius and,
personal interests and,
rulers and,
social relations and,
as worthy of sacrifice, 77
zheng and, 75,
yifa zhiguo (governing nation in accord with the law), ,
institutionalisation of, 120
intensification mechanisms for,
during Jiang Zemin era,
propaganda to promote,
strategic areas of,
during Xi Jinping era, ,
Ying Junjun, 181
Yu Jianrong, 237
Yu Mingyong, 334
Yu Yingshen, 153
yuan (injustice), 10
Confucius and, 230
emotive connotations of,
good governance principles and, 230
human rights and, 19,
in legal culture,
moral agency and, 19
as part of moral counter-tradition,
in popular culture,
shen yuan, 238
traditional uses of,
Yuan Guiren, 304
yuanmin,
Zhang Gaoping, ,
Zhang Hui, ,
Zhang Jianwei, 217
Zhang Jinzhu, , 207
Zhang Miao,
Zhang Shoudong, 236
Zhang Xian,
Zhang Zaiyu,
Zhao Bingzhi, 174
Zhao Jiansheng, 216
Zhao Zhanshang, 151
Zhao Ziyang, 36
Zhao Zuohai,
zheng (upright), 75,
Zhong Yong (Tsze Sze), 79
Zhu Minshan,
Zhu Rongji, 360
Zhu Suli, ,
Zhu Youping, 153
Zi Chan, 83
Zuo Qiuming, 78
