Law and Justice in China's New Marketplace

Keith, Ronald C.; Zhang, Lin

doi:10.1057/9780230511156

Cited by 32 publications

(7 citation statements)

References 2 publications

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“…China's unprecedented volume of lawmaking in the reform era represents an attempt to establish a law‐governed system in order to both attain economic development and strengthen the regime's legitimacy through the endorsement of the rule of law (Baum, 1986; Potter, 1994, 1999; Lubman, 1999; Keith and Lin, 2001; Peerenboom, 2002; Clarke, 2007). Yet land‐centered conflicts have abounded.…”

Section: The Regulatory Regime In Post‐reform Chinamentioning

confidence: 99%

The Evolving Law of Disputed Relocation: Constructing Inner‐City Renewal Practices in Shanghai, 1990–2005

Shih

2010

Int J Urban Regional Res

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The forceful pursuit of inner-city renewal in Shanghai since the early 1990s has to a great extent achieved spatial modernization, but at the same time it has given rise to increasing conflicts over residential relocation. Using law as a prism through which to examine the dialectic relationship between renewal practices and disputed relocation, this article argues that the series of unprecedented enactments in law that have taken place during this period have both paved the way for real estate market expansion and been a significant source of relocation disputes in Shanghai. Rather than viewing law as simply given and determinate, the article traces the regulatory regime's codification of property practices as a means of actively responding to the requirements of the real estate market. Under large-scale renewal practices, residents' legal rights of 'return settlement' ("huiban") in inner-city areas were largely denied in the early 1990s, before being effectively abolished by the adoption of monetary compensation for displacement in the 2000s. The evolving law on property practices has greatly shaped the process of disputed relocation while simultaneously posing a potential challenge to China's use of law for market-oriented development. Copyright (c) 2010 The Author. Journal Compilation (c) 2010 Joint Editors and Blackwell Publishing Ltd.

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Section: The Regulatory Regime In Post‐reform Chinamentioning

confidence: 99%

The Evolving Law of Disputed Relocation: Constructing Inner‐City Renewal Practices in Shanghai, 1990–2005

Shih

2010

Int J Urban Regional Res

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“…This movement from high expectations to more realistic disappointment is in large part produced by the state's own 31 It may be that popular belief in ''rising legal consciousness'' in China functions as an ideological push toward the law. There is widespread debate in China on the suitability of a new ''rights fundamentalism'' (Keith & Lin 2001). Zhu Suli, the Dean of Beijing University Law School, argues, ''[t]he rule of law has replaced Maoist revolution as the blind faith of the Chinese masses'' (quoted in Upham 2005:1).…”

Section: Conclusion: Legal Consciousness In the Chinese Contextmentioning

confidence: 99%

Mobilizing the Law in China: “Informed Disenchantment” and the Development of Legal Consciousness

Gallagher¹

2006

Law Soc Rev

240

142

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This article critically examines the development of legal consciousness among legal aid plaintiffs in Shanghai. It is based on 16 months of research at a large legal aid center and in‐depth interviews with 50 plaintiffs. Chinese legal aid plaintiffs come to the legal process with high expectations about the possibility of protecting their rights; however, they also have only a vague and imprecise knowledge of legal procedure and their actual codified rights. Through this process of legal mobilization, plaintiffs' legal consciousness changes in two separate dimensions: changes in one's feelings of efficacy and competency vis‐à‐vis the law, and changes in one's perception/evaluation of the legal system. Put another way, the first dimension is “How well can I work the law?” and the second is “How well does the law work?” In this study I observe positive changes in feelings of individual efficacy and competency that are combined with more negative evaluations/perceptions of the legal system in terms of its fairness and effectiveness. The positive feelings of efficacy and voice provided by the legal process encourage labor dispute plaintiffs in the post‐dispute period to plan new lawsuits and to help friends and relatives with their legal problems. Disenchantment with the promises of the legal system does not lead to despondency, but to more critical, informed action. This study provides new evidence on the nature of China's developing legal system with a focus on the social response to the state‐led “rule of law” project.

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“…As Lubman and Peerenboom suggest, the economic reform process in the post-Mao era has created a new policy impetus for legal reform. And economic change has the potential to challenge both the informal and the formal dimensions of state regulation (Keith and Lin 2001). Economic opportunity challenges the indeterminism of informal governance, driving economic actors to seek more predictability through reliance on formalized processes for managing transactions, and also to seek more formal limits on arbitrary state power.…”

Section: A Economic Regulation and The Challenge To Party Hegemonymentioning

confidence: 99%

“…The challenge for the party-state has become one of maintaining hegemony over the discourse of legal reform. Challenges to state power in the areas of administrative law (Buhmann 2001), commercial and civil law (Keith and Lin 2001), and environmental law (Alford and Shen 1997), for example, are supported by the expanding influence of a technical cohort of legal specialists over whom the regime exercises little moral authority. party control over interpretation of legal texts is potentially problematic since this represents an area of specialized knowledge in which the party and state formerly had little interest or understanding.…”

Section: A Economic Regulation and The Challenge To Party Hegemonymentioning

confidence: 99%

Legal Reform in China: Institutions, Culture, and Selective Adaptation

Potter¹

2004

Law & Social Inquiry

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Law and Justice in China's New Marketplace

Cited by 32 publications

References 2 publications

The Evolving Law of Disputed Relocation: Constructing Inner‐City Renewal Practices in Shanghai, 1990–2005

The Evolving Law of Disputed Relocation: Constructing Inner‐City Renewal Practices in Shanghai, 1990–2005

Mobilizing the Law in China: “Informed Disenchantment” and the Development of Legal Consciousness

Legal Reform in China: Institutions, Culture, and Selective Adaptation

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