HSem 3801H: Modern China: Law, History, and Culture

Today 700 million Chinese citizens -- more than fifty-four percent of the population -- live in cities. The mass migration of rural populations to urban centers increased rapidly following economic reforms of the 1990s, and serious problems such as overcrowding, lack of health services, and substandard housing have arisen in these areas since. China's urban citizens have taken to the courts for redress and fought battles over failed urban renewal projects, denial of civil rights, corruption, and abuse of power.In Power versus Law in Modern China, Qiang Fang and Xiaobing Li examine four important legal cases that took place from 1995 to 2013 in the major cities of Wuhan, Xuzhou, Shanghai, and Chongqing. In these cases, citizens protested demolition of property, as well as corruption among city officials, developers, and landlords; but were repeatedly denied protection or compensation from the courts. Fang and Li explore how new interest groups comprised of entrepreneurs and Chinese graduates of Western universities have collaborated with the CCP-controlled local governments to create new power bases in cities. Drawing on newly available official sources, private collections, and interviews with Chinese administrators, judges, litigants, petitioners, and legal experts, this interdisciplinary analysis reveals the powerful and privileged will most likely continue to exploit the legal asymmetry that exists between the courts and citizens.

This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents "political constitution," a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.

Despite China's recent emergence as a major global economic and geopolitical power, its association with counterfeit goods and intellectual property piracy has led many in the West to dismiss its urbanization and globalization as suspect or inauthentic. In Underglobalization Joshua Neves examines the cultural politics of the "fake" and how frictions between legality and legitimacy propel dominant models of economic development and political life in contemporary China. Focusing on a wide range of media technologies and practices in Beijing, Neves shows how piracy and fakes are manifestations of what he calls underglobalization--the ways social actors undermine and refuse to implement the specific procedures and protocols required by globalization at different scales. By tracking the rise of fake politics and transformations in political society, in China and globally, Neves demonstrates that they are alternate outcomes of globalizing processes rather than anathema to them.