Dec. 3, 2014 |
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21st Century China Opinion
Rule by law or rule of virtue? 
From the source

 
Our take

Since Xi Jinping came to power, he has promoted the authority of the Chinese constitution (but not constitutionalism) and introduced legal reforms that will make the country's courts more independent of local governments. At the same time, he has turned himself into a chief champion of virtue politics, proclaiming rectification initiatives among party members and parading critically minded bloggers on state-run television in order to silence them.

  

His anti-corruption campaigns make ample use of morality tales to discredit corrupt officials before meting out legal punishment. "Virtues are central, punishment supplements them" (德主刑辅), as he approvingly cites a neo-Confucian philosopher from the Han dynasty.

 

This insightful article points to a contradiction that has long befuddled the thinking of China's political leaders: should the country be ruled by law or by virtue?

  

It is not that law and virtue are necessarily in conflict, but in the parlance of the Chinese Communist Party, virtue is often elevated to a higher level than law, such that it trumps the rule of law. In the name of virtue, the Party has historically carried out rectification campaigns in order to instill the correct thinking and behavior on the part of party members.

 

In 1939, the Chinese communist party leader Liu Shaoqi wrote the pamphlet "How to Be a Good Communist," in which he extoled the virtues of self-cultivation, correct thinking, attitude and action. In reemphasizing virtue, Xi may not be paying homage to the ancient Chinese traditions, but he is simply taking a page from the familiar party script that was first penned by Liu. But as Liu's untimely death would suggest, virtue can be a dangerous path for the Party to tread
.

 

Field Notes from China:
Selections from
the
Chinese-language Media

Xi: Combine top-level design with local innovations
推动改革顶层设计和基层探索互动
  

SummaryAt the seventh meeting of the Leading Group for Overall Reform, chair Xi Jinping once again moved reform back onto the political agenda. The meeting, also attended by Li Keqiang, Liu Yunshan and Zhang Gaoli, outlined some important new initiatives, including a pilot program for circuit courts and courts with jurisdiction across different regions in an attempt to "eliminate interference" and increase the independence of the courts. Also notable was a discussion of draft proposals on the rural land administration system, including the seizure of rural land for public projects, one of the most contentious issues in China.

 

Excerpt from the story: "According to Chinese laws, urban land is owned by the state and most rural land is under collective ownership. The statement said collective ownership of rural land must be preserved, and the arable land red line 'can never be crossed.' Farmers' interests should be protected when reforming the rural residential land system, under which each rural family is assigned a lot to build its house. The statement stressed that authorities must not force farmers to give up their rural houses in exchange for hukou, or citizenship in cities."

 

Source: 新华网


China to unveil property registration scheme
"打虎利器"不动产登记条例最快本周出台,27省启动工

 

SummaryAccording to a report in The Paper, China is set to roll out a nationwide property registration system in an effort to crackdown on corruption, but the effects of the system will likely spill out much wider. A detailed list of who owns what would also be useful for the implementation of any new property taxation scheme. In addition to the locations of the property, the registry will also include the owners' names and primary domiciles, and this information in turn will be shared with the police, tax authorities and government auditing agencies. For those who have been squirreling away their ill-begotten gains in the property market, this could mean they'll have to find a new safe house.
 

Excerpt from the story"In September of this year, a person working for the Ministry of Land and Resources (国土资源部) registry project told The Paper that the preliminary registration list has already been created and is currently being debated by researchers and officials. In addition, when the 'Real Estate Registry Temporary Provisions' are released, the detailed rules and regulations of the registry will also be made public. The current draft of the regulations has more than 190 provisions, and is more or less completed."

 

Source: 澎湃新闻

China Talk: Interviews, Lectures and Events
The politics of environmental regulation
At the inaugural event of the IR/PS Science Policy Fellows Program held on Dec. 2, 2014, Barry Naughton, the Sokwanlok Chair of Chinese International Affairs and 21st Century China Program scholar, discussed some of the political and institutional barriers to enacting meaningful environmental regulations in China over the past decade and a half. Click on the image to launch the audio.

 


School of International Relations and Pacific Studies
21st Century China Program
 
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