Posts tagged ‘rule of law’

Wednesday, February 18, 2015

Xi Jinping’s Greetings to the Military: “forever obey the Party”

CCP secretary general and state chairman Xi Jinping visited troops in Xi’an, Shaanxi Province on Monday. Xi is also chairman of the party and state central military commissions (the two CMC are usually staffed by the same Chinese leaders).

Xinhua newsagency has a short report in English, and a more detailed report in Chinese.

Main Link: On the Eve of Spring Festival, Xi Jinping inspects Troops in Xi’an

Links within blockquotes added during translation

Xinhua Net, Xi’an February 17 (Cao Zhi, Fan Yongqiang, Zhang Yuqing reporting) — On the eve of Spring Festival, the Year of the Goat, CCP central committee secretary general, state chairman and chairman of the central military commission Xi Jinping visited troops in Xi’an on February 16, giving his cordial greetings and, on behalf of the central committee and the central military commission, extended new year wishes to to all officers and men of the PLA, and all armed police, people’s militia, and reservists.

新华网西安2月17日电(记者曹智、樊永强、张玉清)羊年春节即将到来之际,中共中央总书记、国家主席、中央军委主席习近平16日视察驻西安部队,亲切看望慰问官兵,代表党中央、中央军委向人民解放军全军指战员、全体武警官兵和民兵预备役人员致以新春祝福。

In the ancient city of Xi’an, on a pleasant spring day, with the magnolia blossoming, and everyone within and without the military ranks delighting in the atmosphere of the coming holidays. At about 9:20, Xi Jinping arrived at the big conference hall of the Shaanxi Provincial Military Area Office Building, receiving Xi’an leading cadres and their deputies as well as unit commanders above the rank of 西安部队正师职. Xi Jinping warmly shook hands with everyone, had souvenir photos taken, and under enthusiastic applause, he delivered an important speech.

古城西安,春日和煦,腊梅吐蕊,军营内外洋溢着喜庆的节日气氛。9时20分许,习近平来到陕西省军区办公楼大会议室,接见驻西安部队正师职以上领导干部和副师级单位主官。习近平同大家亲切握手、合影留念,并在热烈的掌声中发表了重要讲话。

In his speech, Xi Jinping fuly reaffirmed that the troops in Xi’an had, in recent years,  been successful at deepening combat readiness training, expanding scientific research and testing, and cultivating red successors1), and other fields. and applauded them for protecting the country and for making important contribitions to advancing regional economic development. Xi Jinping emphasized that today, the goals and tasks of national defense and military building were clear, and that the key is to master implementation and to keep hold of the “critical few” of the leading cadres. All leading cadres needed to strenghten their worthiness to assume their missions, to fulfill the three requirements of being strict and real2) and to play an exemplary role in the pursuit of achieving a strong military. It was necessary to set examples in upholding ideals and beliefs, to unvaveringly maintain the party’s absolute leadership over the military, to immerse oneself in the learning of the party’s innovation theory, to develop and enrich the Yan’an spirit and other fine traditions, to strictly observe discipline and the political rules3), to forever obey the party and to go with the party. It was important to lead in getting right on the job, to maintain the combat effectiveness standards, to keep making headway in military construction, reform, to all work concerning all items of combat readiness, 立说立行, 善作善成 There was a need to take the lead in being honest and self-disciplined, in consolidating and expanding the party’s mass line education and practice, to consciously use power in accordance with the law, impartially, and honestly, and to build a clean political ecology. It was important to take the lead in maintaining unity between the miltary and politics, between the military and the people, with our military’s fundamental purpose always on our minds, to strictly observe mass discipline, to support the government and to cherish the people, to deepen the amalgamation of  the military and the people [integration of the military and the civilian society], and to make contributions to the economy and to society.

习近平在讲话中充分肯定驻西安部队近年来在深化战备训练、开展科研试验、培育红色传人等方面取得的成绩,称赞他们为维护国家安全、促进地方经济社会发展作出了重要贡献。习近平强调,当前,国防和军队建设目标任务已经明确,关键在抓好落实,抓住领导干部这个“关键少数”。各级领导干部要强化使命担当,践行“三严三实”要求,在实现强军目标中发挥模范带头作用。要带头坚定理想信念,毫不动摇坚持党对军队的绝对领导,深入学习党的创新理论,弘扬延安精神等优良传统,严守政治纪律和政治规矩,永远听党的话、跟党走。要带头真抓实干,坚持战斗力标准,扎实推进军队建设、改革和军事斗争准备各项工作,立说立行,善作善成。要带头廉洁自律,巩固和拓展党的群众路线教育实践活动成果,自觉依法用权、秉公用权、廉洁用权,营造风清气正的政治生态。要带头维护军政军民团结,牢记我军根本宗旨,严守群众纪律,自觉拥政爱民,推动军民融合深度发展,为经济社会建设贡献力量。

Afterwards, Xi Jinping went to inspect the bomber aviation regiment. At 10:39, Xi Jinping entered the aviation training center’s physical training hall, cordially meeting all pilots and some ground service and logistical services’ cadre delegates, and gave important instructions. Xi Jinping pointed out that to build a strong air force, it took generations of officers’ and soldiers’ continuous struggles. […]

随后,习近平前往轰炸航空兵某团视察。10时39分,习近平走进这个团飞行训练中心体能训练馆,亲切接见全体飞行人员及部分地勤、后勤干部代表,并作重要指示。习近平指出,建设强大人民空军,需要一代代官兵接续奋斗。 […..]

[…]

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Note

1) Red Successors (红色传人)
I’m not familiar with the term, but it seems to apply beyond Xi’an, and the “red successors” or “red heirs” programs appear to be educational activities especially for the military and the military police. This would seem to be the more important as the CCP’s control over the military (instead of the state controlling it) doesn’t go without saying.

2) “Three stricts” and “three reals”:
three demands of “strictness” on cadres: strictness at cultivating their moral character, strictness with their use of power, and strictly applying self-discipline.
three demands of being “real”: to base ones actions on facts (从实际出发), to be real in ones undertakings (创业要实), and to be honest (做人要实 / 做老实人).

3) “Political rules”
A CCDI meeting on January 13 or 14 reportedly referred to political discipline and political rules, and a meeting of the politburo’s standing commission on January 16 reportedly specified that to maintain the leadership of the party, i. e. to maintain, above all, united leadership at the party’s central committee, was the fundamental political rule (坚持党的领导,首先是要坚持党中央的集中统一领导,这是一条根本的政治规矩).

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Related

Defense Budget defying Slowdown, Reuters, Febr 16, 2015

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Friday, February 13, 2015

On the Summits of Science: Legal Construction and Recent History

“I want to be damned if I know now what I meant when I wrote that” – that’s how a German author, Arno Schmidt, once quoted an imaginary writer, confronted with his productions of several decades ago.

I’m only translating an article – but I want to be damned if I know now what this is actually about. Anyway – I feel that someone has to do this translation.

Here goes.

A Xinhua commentary earlier thims month looked back to the 18th CCP Central Committee’s plenary session – the one that focused on rule of law under CCP leadership -, and repeats an old leitmotif: the unity of theory and practice. The Xinhua commentator/editor, Ding Feng (丁峰), puts it this way:

Just as a nation must stand on the summits of science, it must never, not even for a moment, be separated from theoretical thought. To succeed in a great cause, it must never, not even for a moment, be separated from the guidance by scientific theory. Theory comes from practice, and on the other hand, it guides practice. In the circles of practice, knowledge, more practice and knowledge again, practice deepens continously, theory improves with each passing day, and the promotion of the cause develops steadily.

正如“一个民族要想站在科学的高峰,就一刻也不能离开理论思维”,成就一项伟大事业,一刻也不能离开科学理论指导。理论来自实践,反过来又指导实践。在实践、认识、再实践、再认识的循环往复中,实践不断深入,理论日臻完善,推动事业不断发展。

As an important part of the great  cause of socialism with Chinese characteristics, legal construction is part of the foundations of institution building. The party’s 18th central committee’s fourth plenum issued a comprehensive strategic policy [or decision] on the promotion of government by law (依法治国), the general goal of which is to build a legal system of socialism with Chinese characteristics, to build a socialist country ruled by law. The goal decided that socialism with Chinese characteristics rule of law is Chinese rule of law, and its significant function is to provide a powerful guarantee for the cause of of socialism with Chinese characteristics. The fundamental task of rule by law stipulates that legal theory must closely center around this core of socialism with Chinese characteristics, and ponder and answer to the major theories and practical questions of legal construction, so as to comprehensively provide a compass of thought and theoretical guidance for the comprehensive promotion of rule by law. Secretary-general Xi Jinping emphasized that “the theory of socialism-with-Chinese-characteristics rule by law is essentially the theoretical result of the theoretical system of socialism with Chinese characteristics”, deeply promulgating the source of Chinese theory of rule by law and political attributes. It specifies the direction in which to promote the development of our country’s theory of rule by law.

作为中国特色社会主义事业的重要组成,法治建设居于制度建设的基础性地位。党的十八届四中全会作出全面推进依法治国战略决策,总目标就是建设中国特色社会 主义法治体系,建设社会主义法治国家。目标决定了中国的法治是中国特色社会主义法治,其全部意义和作用在于为中国特色社会主义事业提供有力法治保障。法治 根本任务规定了法治理论必须紧紧围绕“中国特色社会主义”这个核心来思考回答法治建设的重大理论、实践问题,为全面推进依法治国提供思想指南和理论指导。 习近平总书记强调“我们要发展的中国特色社会主义法治理论,本质上是中国特色社会主义理论体系在法治问题上的理论成果”,深刻揭示出中国法治理论的思想渊 源和政治属性,为推动我国法治理论发展指明了方向。

Problems are the voice of the times, and theory is the answer to the “voice of the times”. The theoretical system of socialism with Chinese characteristics was formed by opening and reform. [This theoretical system] is the theoretical summary made by the party leaders and the people, in the practice of socialist modernization. It is the current CCP members’ theoretical innovation, combining Marxism with our country’s initial stage of socialism. It is the latest theoretical fruit of the sinicization of Marxism. Under the correct guidance of this theoretical system, reform and opening achieved brilliant successes that attracted worldwide attention, highlighting the great power of this theory, and established our high degree of theoretical confidence.

问题是时代的声音,理论则是对“时代之声”的思考回应。中国特色社会主义理论体系形成于改革开放,是党领导人民进行社会主义现代化实践的理论总结,是当代 中国共产党人把马克思主义原理同社会主义初级阶段基本国情相结合的理论创新,是马克思主义中国化的最新理论成果。在这一理论体系的正确指导下,改革开放取 得举世瞩目的辉煌成就,凸显出这个理论的强大威力,树立起我们高度的理论自信。

Ever since [the policies of] reform and opening, from the third plenum of the 11th central committee‘s promulgation of building comprehensive socialist democracy and the strengthening of a socialist legal system, to the 15th national party congress‘ establishment of a basic plan for a country ruled by law, and the 16th national party congress‘ proposal for socialist-democracy politics most fundamental organic unity of maintaining the leadership of the party, the people’s self-determination (当家作主), the 17th national party congress‘ proposal to accelerate the strategic plan of a socialist country ruled by law, the 18th national party congress‘ clearly pointing out that rule by law is the fundamental way of governing the country, the 18th central committee’s fourth plenum issuing the decision and plan for the comprehensive promotion of government by law, our party has continuously deepened humankind’s knowledge of theoretical thought on government by law, practical exploration and the major successes achieved, reflecting, from an important aspect, the milestone to which socialism with Chinese characteristics theory has developed so far, marking the continuous deepening of our party’s knowledge about the party’s pattern of holding power, about the pattern of building socialism, and about the pattern of human development. […]

改革开放以来,从党的十一届三中全会提出健全社会主义民主和加强社会主义法制的目标,到党的十五大确立依法治国基本方略,十六大提出发展社会主义民主政治 最根本的是要把坚持党的领导、人民当家作主和依法治国有机统一起来,十七大作出加快建设社会主义法治国家新的战略部署,十八大明确提出法治是治国理政的基 本方式,十八届四中全会作出全面推进依法治国决策部署,我们党对依法治国的理论思考、实践探索以及所取得的重大成就,从一个重要方面反映出中国特色社会主 义理论从形成到发展的历程,标志着我们党对党的执政规律、社会主义建设规律、人类社会发展规律的认识不断深化。[…..]

[…..]

China Copyright and Media, on January 24, provided background to the CCP’s current endeavors to rectify higher education. The Copyright and Media post also summarizes a speech by Xi Jinping on a study session of the politburo, in the afternoon of January 23. An academic, Professor Sun Zhengyu (孙正聿) from the Center for Fundamentals of Philosophy at Jilin University, reportedly also spoke at the study session.

Meantime, the English-language “Global Times” quotes a report by Liaoning Daily from November last year: it

said that many college teachers mocked Marxism, praised Western values and questioned the central government’s major policies. The report said that 80 percent of college students have encountered such teachers. The report which asked teachers to “treat China in a nicer way” has become a hit on the Internet.

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Related

» Re-ideologizing, ChinaChange, Feb 10, 2015
» Neither law nor order, Apr 24, 2011

Saturday, February 7, 2015

CCP Influence on Education in Free Societies is a Problem – but it’s not the Main Challenge

Shoe Me Quick

Kiss Me Quick (while we still have this feeling)

Yaxue Cao of ChinaChange.org links to questions asked by U.S. Congressman Chris Smith:

Is American education for sale? And, if so, are U.S. colleges and universities undermining the principle of academic freedom and, in the process, their own credibility in exchange for China’s education dollars?

These are important questions, asked in New York University’s (NYU) cooperation with the East China Normal University (ECNU) in Shanghai. And Chris Smith, writes Cao, did not know the answer when he delivered his statement on Thursday.

There are people who think they do know the answer. Jörg-Meinhard Rudolph, a sinologist from south-western Germany, for example. In an interview with German national radio Deutschlandradio he said in the context of German universities cooperating with Confucius Institutes that

The [censoring] scissors are at work in the heads of these people. They know exactly that, if they are sinologists, for example, having cooperations or research, field research in China, they can’t do it the way Chinese, for example, can do it here. They have to cooperate with Chinese bodies. In many cases, these, too, are sub-departments of the central committee. And everyone knows what happens if you attend a talk by the Dalai Lama, for example. There are university boards who don’t go there, and they will tell you why: because they fear that their cooperations will suffer. That, in my view, is not in order. This is where you have to safeguard your independence. After all, that’s how universities came into being in Europe, during the 12th century – as independent institutions.

Every country seems to have its share of sinologists who believe – or believed in the past, anyway -, that free trade
with China would be the catalyst for political liberalism. They don’t seem to say that anymore, or maybe nobody quotes them anymore. But that doesn’t change the attitude of those who seem to believe, for whatever reason, that engagement is always better than maintaining a distance.

Cao also tends to believe that she knows the answer. She draws some conclusions that sound logical to me, and besides, she quotes Chinese stakeholders, whose statements suggest that the CCP carried the day at every stage at the ECNU negotiations with the NYU.

In fact, nobody should ever accuse the CCP of making a secret of their intentions. They discuss these intentions and drafts very openly, in the Chinese press. The problem, and here again it is time to quote Rudolph,

[…] is that the big China bestsellers in this country have all been written by people who can’t even read a Chinese newspaper.

The problem with maintaining standards – and I’m all for defining and defending some – is that political corrections come and go in waves. Campaigns, not reflection, shape the debates when it comes to how much cooperation with totalitarianism a free society can stand. When it is about the CCP infringing on freedoms, complaints usually get some media attention, because this fits into the general propaganda. When Chinese or ethnic Chinese people in Germany get censored, they get hardly any attention – it is as if the process were taking place in an anechoic chamber.

Rudolph, the sinologist quoted above, isn’t only a writer, but also a doer. He was the first president of the German Chamber of Commerce in Beijing, in 1997. And he was a “program observer” at the Chinese department of German foreign broadcaster Deutsche Welle, probably from the end of 2009 until 2014, appointed and paid by Deutsche Welle. That practice was never a matter of public debate in Germany, and no transparency either – only one news service cared to write a telling report, which only appeared in a media trade journal. At least four Chinese or Chinese-German journalists lost their contracts, apparently in conflicts over what was deemed “too CCP-friendly”. Rudolph doesn’t look like a champion of free speech to me.

The CCP is indeed unscrupulous. Its power abolishes freedom in China, and its influence endangers freedom where societies are supposed to be “autonomous”. A few weeks after Beijing and its puppet administration in Hong Kong had finished off legitimate democratic demands for universal suffrage from the Hong Kong public, Huanqiu Shibao (“Global Times”), one of the flagships of Chinese state media, warns that opposition against a mainland student running for university office at the University of Hong Kong reflected a dangerous “McCarthyite trend” in the former British colony. On a sidenote. if this conflict occured in Germany, Huanqiu might have tried allegations of Nazism instead.*)

But the CCP isn’t the core problem when it comes to its influence on academic institutions and people. When private enterprise becomes an important source of income for universities, that, too, endangers academic independence. There’s no such thing as a free lunch.

If there were clear standards, procedures and constant verification of their practice in general, and beyond this particular “communist problem”, nobody would have to fear the CCP anyway.

In that way, Beijing actually helps to demonstrate what is wrong with us. If we don’t get this fixed as free societies, don’t blame China. Don’t even blame the CCP.

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Note

*) Recent years have seen a resurgence of Nazi Skinheads in some places in Germany. Attacks on foreigners occur from time to time. The unhealthy trend of racism is also the background to a series of anti-China moves of some German mediaXinhua, in 2008, reacting to the suspension of then DW-Chinese deputy department manager Zhang Danhong.

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Related

» 不该让“麦卡锡”进校门, Huanqiu, Feb 6, 2015
» Hearing transcript, Committee on Foreign Affairs, Febr 4, 2015
» Princelings & Sideshows, March 4, 2011

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Saturday, January 3, 2015

2014: “Social Media”, “Little Secretaries”, Blogs, and the big Trend for 2015

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1. Getting Started

To get started, here’s one of my most recent sketches:

And if it isn’t self-explanatory, I’ll come back to it under item #4.

2. “Social Media”

I’m not studying the annual WordPress statistics too thoroughly, but what struck me this time is that, compared with 2013, “social media”, i. e. Twitter and Facebook, have become major referring sites to this blog. that said, maybe 2013 was an exception, because in 2012, too, Facebook and Twitter mattered a lot.

That makes me feel kind of sad. Don’t get me wrong – I appreciate Tweets that link to this blog, and I appreciate links from Facebook, too, even if I usually won’t find out what you are writing about there (I’m not facebooking). But the trend seems to indicate that the internet turns from a more public into a growingly privatey-run business. That’s probably not the internet the founding fathers dreamed of.

Woeser found out in December that running an account with Facebook doesn’t make you the owner of that account – well, maybe she knew that all along, but her post came across as somewhat alarmed when she found that what she had reposted on Facebook –  a video of Tibetan Buddhist monk Kalsang Yeshe’s self-immolation that occurred on December 23 […], accompanied by an excerpted report explaining that self-immolation is a tragic, ultimate protest against repression,  had been removed by the company. At any rate, she couldn’t help but suspect that Facebook might be employing “little secretaries”, i. e. censors, just as Sina Weibo does.

Her belief that Chinese dictatorship is manipulating freedom of expression elsewhere, too – i. e. in the West – is understandable, and true to an extent. But internationally, Chinese dictatorship is only one source among several, of censorship and repression, as totalitarian as it may be.

3. Blogs

There’s still a lot of writing going on in the – what was the name again? – English-language Chinese Blogosphere. The nicest surprise this year was the return of EastSouthWestNorth. Obviously, I have no idea if the recent posts, mostly about “Occupy Central”, mark anything more than a stopover, but they are what makes the internet great: raw material, but made intelligible to every user, to work his way through, without easy answers right at his fingertips.

Then there’s Sino-NK. Articles finished and polished, but from a sober perspective, and plowing their way through the past and present of Sino-North Korean relations, rather than leaping at every headline.

Some blogs I used to like are beginning to look like mainstream media, but here is something I’d recommend, to make this three blog recommendations: China Copyright and Media. They do what really needs to be done: they look at the CCP paperwork. That’s no yadayada, that’s the decisions the party is actually taking and never fail to surprise our media when carried out, even though they’ve usually been communicated long before.

I can’t close the blog compartment of this post without a link to that blog post there in Shanghai: the Mother Teresa of the blogosphere, musing about the whereabouts of the legendary Dalai Lama of China blogging.

4. The Big Trend for 2015

It’s not terribly original, but it seems to be obvious. China’s totalitarian skeleton is being refitted with flesh, after a few years of what looks (at hindsight) like a thaw, during the days of the Jiang Zemin and Hu Jintao collective troupes. This is now turning into a blend of modernization and personality cult. The slaughterhouse scene heading this post refers to the political death of Zhou Yongkang, and the Great and Impeccable Leader who brought it about. To lose your CCP membership is probably worse than death. If you are a truly faithful Communist, anyway.

Happy new year, everyone!

Saturday, December 13, 2014

After Zhou Yongkang’s Arrest: Xi Jinping rules – but how safe will he be in [2013] 2023?

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A regular stream of news from the anti-corruption front keeps flowing to keep the Chinese public happy.

Hammer and Chisel

Hammer and Chisel

Zhang Xinhua (张新华), an industrial manager, sentenced to death on Wednesday, for embezzlement of some 340 Million Yuan RMB, a China News Service (中新网) article republished here by Enorth (Tianjin) reported on that same day.

Li Zhijiang (李志江), a former member of Taiyuan’s CPC city committee‘s standing committee and former head of the party’s organizational department there, has been removed from his posts for violating the spirit of the CCP’s Eight Provisions (中央八项规定精神), neglecting his job (or dereliction of duty, 失职), and other mistakes. This seems to have happened some time ago, a People’s Daily online article, rendered here by Youth Net, wrote this week.

And former development and reform commission deputy director Liu Tienan (刘铁男) goes to jail for life, CCTV reported, also rendered by Youth Net, on Wednesday. Liu had come under scrutiny late in 2012, thanks to the research of an investigative journalist.

Zhou Yongkang (周永康) is no longer a party member, and his arrest was announced on December 5. In its Banyan column, The Economist is critical of how China’s former “security” tsar is being treated by his – also former – comrades:

He has always looked a rather nasty piece of work, and China’s press now tells us just how nasty. Zhou Yongkang is a thief, a bully, a philanderer and a traitor who disclosed state secrets. The spider at the centre of a web of corrupt patronage, he enriched himself, his family, his many mistresses and his cronies at vast cost to the government.

But some delighted Chinese readers might also wonder how Zhou could possibly make it to the top if he was such a thoroughly bad egg.

Basically all the foreign press considers Zhou’s big fall – the biggest fall of the biggest stakeholder ever since the Gang of Four – as proof that CCP secretary general and state chairman Xi Jinping is now in full control at the helm. But The Economist also warns that

[..] Mr Zhou’s case carries a danger for Mr Xi. By advertising the party as motivated by its zeal to combat corruption and as led by those promoted solely on merit, he may raise expectations of transparency and honesty that he will find hard to meet.

There are other big question marks, too. By recent standards – i. e. for the past two decades or so -, there has been an arrangement among China’s top leaders of how they come to power, and how they leave power. Any member of the collective leaderships with Jiang Zemin (until 2002) and Hu Jintao (until 2012) at the core would be a member of the politburo’s standing committee for a maximum of ten years. And no leader after Jiang Zemin would stay in power for more than ten years either.

Jiang and Hu never seem to have tried breaking that rule.

This theory of how succession works in Beijing suggests that Deng Xiaoping, after having had to sack two party secretary-generals,

made an unprecedented move – he simultaneously appointed two generations of successors, Jiang Zemin and Hu Jintao. One generation had to pass on the leadership to the next after two terms, after 10 years. This arrangement had one advantage, in this way there existed a mutually constraining relationship between two generations of successors; when Jiang’s time was over, he had to pass leadership on to Hu and thus, he would not generate the courage to betray the inflated ego of Deng Xiaoping; after handing the power over, Jiang would automatically come under Hu’s authority and so in order to protect himself, he would avoid a life-and-death struggle between two factions. Hu, on the other hand, had to rely on the legitimacy granted by Deng Xiaoping so as to guarantee that he would actually take over power according to plan and also so as to avoid that he would, like many successors in the past, leave the stage in poverty and misery; hence, he was very much concerned about treating Deng Xiaoping’s ideas as his guiding principles, protecting them with everything he had.

One may wonder if Xi Jinping is going to accept the same arrangement for himself, in 2022/23. It can be hard to be a pensioner in Zhongnanhai.

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Updates/Related

» An Insider’s View, NPR Berlin, Dec 24, 2014

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Saturday, December 6, 2014

Zhou Yongkang’s big Fall and Citizen Power Fantasies

Zhou Yongkang has been arrested and expelled from the Communist Party, the BBC quotes Chinese media reports, and quotes a cute Sina-Weibo post from an apparently Chinese user: We have zero-tolerance against corruption!

Wednesday, November 12, 2014

China’s Legal Reform Projects: Slowly, very slowly

The fourth plenary session of the 18th CCP central committee took place from October 20 to October 23. Less than a month before the opening of the plenum, the South China Morning Post (SCMP) quoted a politburo statement of September 29 as saying that the plenary session’s focus would be on improving the administration of law. At the center of that, according to the SCMP, would be a battle against corruption.

In July, Stanley Lubman, a lawyer and longtime observer of legal issues in China, wrote in the Wall Street Journal‘s (WSJ) China blog (China Realtime) that the CCP’s central leading group for judicial reform of the party and the “Supreme People’s Court” were signalling a serious intention to implement measures that could lead to a shift of power over finances and personnel in basic courts, from local governments and local “people’s congresses” to provincial governments. Pilot projects were planned in Shanghai, Guangdong, Jilin, Hubei, Hainan and Qinghai. If successful, these reforms could boost citizens’ chances to challenge local cadres over issues such as illegal land seizures or concealment of violations of product safety and environmental laws. However, this didn’t mean that courts would be insulated from pressures from those higher-level officials on their decision-making. Importantly, nothing in these reforms is aimed at diminishing Communist Party control over outcomes in the courts.

Lubman also links to a creative-commons translation cooperative, China Law Translate, which describes the pilot projects on the provincial and municipal (Shanghai) level in more detail.

Ultimate CCP control reservation apart, Lubman’s article came across as sort of optimistic. Less so an article by Russell Leigh Moses, dean of academics and faculty at the Beijing Center for Chinese Studies, published on October 24. If the communique issued after the plenary session was something to go by, this was a plenum that wasn’t interested in engineering far-reaching changes to China’s legal system. China would move slowly, very slowly, suggests the headline.

That said, the term under the party’s leadership (党的领导 / 党的领导下), quoted from the communiqué by Moses as a reminder that the conception and implementation of law belongs only to the Communist Party, can’t have surprised any observer.

According to the Economist, the CCP’s new enthusiasm for the rule of law springs from the campaign against corruption – see first paragraph of this post, too (SCMP quote). The battle is old (Xi Jinping’s predecessor as party and state chairman, Hu Jintao, warned in November 2012 that corruption, if not tackled by politics, could prove fatal to the party.

The battle is even older than old. Shen Zewei, China reporter for the Singaporean daily Lianhe Zaobao (United Morning News), quoted a Taiwanese researcher, Lee Yeau-tarn, in 2009 that Chiang Kai-shek had been able to implement land reform in Taiwan, but not in the mainland, because the KMT had been intricately connected with the despotic gentry.

This suggests that even Moses’ forecast could prove overly optimistic for China.

The Economist’s November 1 edition, however, sees the glass half-full – or even more positively. After all, one of the weekly’s editorials argues, the constitution, emphasized by the CCP leadership,

enshrines property rights. Of the many thousands of “mass incidents” of unrest each year in rural China, 65% relate to disputes over the (often illegal) seizure of land by officials. Mr Xi wants to make it clear that their behaviour is not just illegal but also unconstitutional. That sounds scarier.

Farmland reform, which was at the focus of the 17h Chinese Communist Party Central Committee’s Third Plenary Session in 2008, back then under the Hu Jintao/Wen Jiabao leadership -, is also moving slowly, very slowly. And the fourth plenary session of this 18th central committee might be considered another push into the direction of a more just, and more efficient, use of land – six years later.

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Related

» Dead Cats, rotten Fish, Nov 7, 2011
» Rural Land Certificates, July 10, 2011
» Wen Jiabao’s Endgame, April 21, 2011
» Tossing the Mountain around, Nov 8, 2010
» Farmland Reform, Oct 8, 2008

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Tuesday, October 7, 2014

China News Service: “Hong Kong Citizens rise in a Chorus of Condemnation of Occupy Central”

Main link: “Rising Wave of Voices opposing Occupy Central”, CNS/Enorth, Oct 10

Enorth (Tianjin), Sohu (nationwide), Hua Shang Net (from Xi’An, main focus on trade and apparently ), and possibly some more websites with readers who are less interested in politics than People’s Daily or Huanqiu Shibao readers carried an article from China News Service (CNS, 中国新闻) on Monday, describing the “Occupy Central” movement as seriously damaging the territory’s  social order and as damaging the good international image of Hong Kong.

CNS is China’s second-largest newsagency, after Xinhua.

No warranty that the CNS comprehensive report quotes the papers from Hong Kong accurately and in a balanced way. Some of the CNS article comes across as manipulative or wrong, but the anger of Hong Kongers whose incomes are affected (maybe not the tram drivers as said in the CNS article, but certainly many cab drivers, shop owners etc.) appears likely to put Occupy Central at odds with many.

The Alliance for the Protection of Universal Suffrage and against Occupy Central and their ballot (which topped Occupy Hong Kong’s) got some coverage in European media in summer, but appears to have been mostly forgotten since.

Not only reports from a totalitarian country like China can be misleading – self-deception is a universal weakness.

Links within blockquotes added during translation. Corrctions, and advice on how to fill the gaps I couldn’t translate (see last paragraph), will be welcome.

Wave of Voices from all Walks of Life in Hong Kong opposing “Occupy Central” keeps rising

香港各界反对“占中”声浪日益高涨

Comprehensive report — A few people who started a so-called “Occupy Central”, an illegal gathering, in the early hours of September 28, has kept going on for eight days so far. They have caused traffic jams, created conflicts, hampered all professions, seriously damaged Hong Kong’s social order, affected the peaceful lives and safety of the masses, and also damaged Hong Kong’s good international image, thus arousing strong dissatisfaction and a continuously rising wave of opposing voices against “Occupy Central”.

综合报道,香港少数人自9月28日凌晨起发动所谓“占领中环”的非法集会,至今已经8天了,他们堵塞交通、制造冲突、妨碍百业,严重破坏香港社会秩序,影响民众生活安宁和安全,也破坏香港良好的国际形象,引起香港各界和民众的强烈不满,反“占中”声浪日益高涨。

42 members of Hong Kong’s Legislative Council published a joint statement on October 3, expressing concern about the endless illegal occupation, calling for reasonable dialog among the citizens, urging the “occupiers” to stop and to reflect and to end their behavior that was destructive for society as possible, to let society get back to normal.

香港42名立法会议员3日发表联署声明,对无休止的违法占领行动表示忧虑,呼吁市民理性对话,要求“占中”者“停一停,想一想”,尽快停止破坏社会行为,让社会恢复正常。

36 Hong Kong SAR delegates to the National People’s Congress have also published a joint statement supportive of the police’s legal maintenance of social stability, calling on the “occupiers” to stop harming the general public’s development interests. The delegates called for cherishing and protecting Hong Kong’s long-term stability and prosperity, for mutual respect, and for not harming the general public’s devlopment interest.

香港特别行政区的36名全国人大代表也发出联合声明,支持警方依法维护社会稳定,呼吁“占中”者不要继续损害广大市民的发展利益。代表们呼吁,珍惜和维护香港的长期稳定繁荣,相互尊重,不应损害广大市民的发展利益。

Hong Kong Civil Servants General Union also called on the “Occupy Central” demonstrators not to hamper public servants on their way to their workplaces, because civil servants were serving the city, and if their access to work was blocked, citizens would be the ultimate victims.

香港公务员总工会亦呼吁“占中”行动的示威人士,不要阻碍公务员上班,因为公务员都是为市民服务,如果上班受阻,最终受害的是市民。

Hong Kong’s tourism industry was a “disaster zone” affected by “Occupy Central”. On a press conference on October 3, Hong Kong tourism trade union(s) expressed dissatisfaction about how “Occupy Central” affected many touristical, consumption and business districts, even leading to travel warnings in some countries by which tourism was taking a serious hit.

香港旅游业是被“占中”殃及的“重灾区”。香港旅游联业工会联会3日召开记者会,表达不满“占中”影响多个旅游、消费及商业区,导致有国家对香港发出旅游警示,重创旅游业。

Hong Kong railworker union(s) also published a statement, strongly condemning “Occupy Central” as a collective and as individuals. The statement points out that traffic on the streets of Central were affected, leading to a sharply increasing workload for the railworkers, excessive work and physical wear and tear. Also, tram drivers, because of the suspension of some road sections, had been compelled to take unpaid days off. Incomes were declining every day.

香港铁路工会联合会也发声明,对“占中”的团体和个人予以严厉谴责。声明指出,占中令路面交通受影响,而铁路运输从业员工作剧增,连日超负荷工作,体力损耗极大。另一方面,电车司机因部分路段停驶而被迫放无薪假,收入每天都在减少。

As the harm done to the economy by “Occupy Central” intensifies, Hong Kong citizens rise in a chorus of condemnation. On October 2, many private associations held activities opposing “Occupy Central” actions. Mr. So, a citizen, said that “demonstrators have blocked all kinds of traffic and important roads, bringing chaos into our lives”.

“占领中环”非法集会对经济社会造成的危害愈演愈烈,香港市民齐声谴责。10月2日,香港多个民间团体举行活动,启动反对“占领中环”行动。市民苏先生表示, “示威人士堵塞了多处交通要道,把我们的生活全搞乱了。”

On October 3 and 4, citizens opposing “Occupy Central” came to “Occupy Central” strongholds in Causeway Bay and in Mong Kok, asking police to restore social order as soon as possible. Some of the citizens who had spontaneously come to the scene chided the “occupiers” for keeping others from “making a living”and demanded the “occupiers” to open the roads for the citizens’ use.

10月3日和4日,有反“占中”市民到铜锣湾及旺角等“占中”据点,要求警方尽早清场并恢复社会秩序。部分自发到场的市民斥责“占中”者“阻人揾食”(阻碍别人谋生计),要求“占中”者让出道路供市民使用。

The jamming of many roads by “Occupy Central’s” illegal activities has caused the trade of taxi drivers in Hong Kong great losses. On October 5, the cab drivers at Central Piers strongly condemned “Occupy Central’s” activities, demanding an immediate end to “Occupy Central’s” illegal forcible occupation of roads, supporting police law enforcement, and announcing collective civil claims against “Occupy Central’s” initiators.

Ever since the beginning of “Occupy Central’s” illegal gatherings, Hong Kong media have called on the “occupiers” to immediately abandon the occupation activities and to restore social order, as well as Hong Kong’s peaceful life and harmony.

“占领中环”非法集会发生后,香港媒体连日来呼吁,“占中”者应立即放弃占领行动,恢复社会秩序,还香港安宁和谐。

A “Ta Kung Pao” editorial pointed out that if an offense is allowed to succeed once, “Occupy Central” could defeat society and put it in opposition to the central government [Beijing], creating areas of anarchy – would this still justify the pride of seven million citizens in their international center of finance and “One Country, two Systems”? The editorial called on the “occupiers” to immediately clear the roads. An article by Hong Kong’s “Wen Wei Po” titled “The initiators of ‘Occupy Central’ have a responsibility to end it” said that “Occupy Central” had paralysed traffic, damaged social order, and displayed signs of getting out of control. “It is the responsibility of the initiators to immediately put the occupation activities to a halt. The paper, on October 4, wrote that “Occupy Hong Kong” had caught widespread indignation and discontent, that public opinion was rebounding, citizens were beginning to oppose “Occupy Central”, not only demanding harmony and stability, but wanting to live and work in Hong Kong in accordance with their own wishes. “Occupy Central” was not reaching the hearts of the citizens. “Ming Pao’s” editorial points out that looking at the general situation, “Occupy Hong Kong” should end its activities if they wished Hong Kong well. [Didn’t get the meaning of the following sentence: 如果“占中”的始作俑者戴耀廷等人发出呼吁,叫停“占中”,将是对历史负责的一步.] “Oriental Daily’s” editorial [title: 独有英雄驱虎豹,更无豪杰怕熊罴] believes that “Occupy Central” is simply a political fraud, and from head to tail unable to separate from the shadows of foreign forces wanting to bring chaos to Hong Kong and aiming for subversion in mainland China.

《大公报》社评指出,一个违法就能得逞、“占领”就能胜出的社会,一个公然与中央对抗、制造“无政府状态”的地方,还是值得七百万市民引以为豪的国际金融中心和“一国两制”的香港吗?评论呼吁参与“占中”者立即离开马路。香港《文汇报》文章《“占中”发起人有责任叫停占领行动》称,“占中”瘫痪交通、破坏社会秩序,已呈现失控状态。“占中”发起人有责任马上叫停占领行动。该报4日社评认为,“占中”天怒人怨,民意终于大反弹,市民群起反对“占中”,不仅说明要求和谐稳定、希望安居乐业才是香港社会的最大民意,也说明“占中”不得人心。《明报》社评提出,盱衡整体情势,权衡利害得失,若为香港好,“占中”应当停。如果“占中”的始作俑者戴耀廷等人发出呼吁,叫停“占中”,将是对历史负责的一步。《东方日报》社评《独有英雄驱虎豹,更无豪杰怕熊罴》认为,“占中”根本就是一个政治骗局,从头到尾都离不开外部势力的影子,都以搞乱香港、颠覆内地为政治目的。

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Related

» Bao Tong: Take a Break, Sinosphere, Oct 5, 2014

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