Authoritarian Legality In China

This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.

Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

Wang shows how the law in China is conceptually reconfigured and instrumentally employed to shore up an illiberal authoritarian regime.

Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to organize, influence the public agenda, and demand accountability from the government.

"Under what conditions would authoritarian rulers be interested in the rule of law? What type of rule of law exists in authoritarian regimes? How do authoritarian rulers promote the rule of law without threatening their grip on power? Tying the Autocrat's Hands answers these questions by examining legal reforms in China. Yuhua Wang develops a demand-side theory arguing that authoritarian rulers will respect the rule of law when they need the cooperation of organized interest groups that control valuable and mobile assets but are not politically connected. He also defines the rule of law that exists in authoritarian regimes as a partial form of the rule of law, in which judicial fairness is respected in the commercial realm but not in the political realm. Tying the Autocrat's Hands demonstrates that the rule of law is better enforced in regions with a large number of foreign investors but less so in regions heavily invested in by Chinese investors"--

How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

Tying the Autocrat's Hands provides a comprehensive, empirical evaluation of legal reforms in contemporary China. Based on the author's extensive fieldwork and analyses of original data, the book tells a story in which foreign investors with weak political connections push for judicial empowerment in China, while Chinese investors struggle to hold on to their privileges.

China, like many authoritarian regimes, struggles with the tension between the need to foster economic development by empowering local officials and the regime's imperative to control them politically. Landry explores how the Chinese Communist Party (CCP) manages local officials in order to meet these goals and perpetuate an unusually decentralized authoritarian regime. Using unique data collected at the municipal, county, and village level, Landry examines in detail how the promotion mechanisms for local cadres have allowed the CCP to reward officials for the development of their localities without weakening political control. His research shows that the CCP's personnel management system is a key factor in explaining China's enduring authoritarianism and proves convincingly that decentralization and authoritarianism can work hand in hand.