Chinese Law and Politics Blog

Are Mass Incidents Increasing or Decreasing in China?

It's not clear. Chinese authorities noted in 2005 that "mass incidents" (including riots, protests, demonstrations, and mass petitions) in China had surged to 74,000 in 2004, up from 10,000 in 1994.  Since then, different Chinese officials have reported broad declines in mass incidents.  But these reports have been vague, inhibiting the ability to make comparisons with prior statistics.  Officials have released detailed information for other categories of incidents, such as "public order disturbances."  But the differences in categorization between these and "mass incidents" also inhibit meaningful comparisons.

Analysis: Henan Circular on Peaceful Construction

The Henan Provincial Party Committee and Government jointly issued a circular on April 26, 2006 that calls on provincial authorities to strengthen their controls over society and address a range of social problems during the period 2006 to 2010 as a means towards conducting "peaceful construction," establishing a "harmonious society," "improv[ing] the Party's ruling capacity," and "solidif[ying] the Party's position in power." Specific goals listed in the circular overlap with in the Opinion on Promoting the Construction of a New Socialist Countryside, issued by the Communist Party Central Committee (CPCC) and the State Council (SC) on December 31, 2005, and an earlier opinion issued by the general offices of the CPCC and the SC.

Translation: Henan Circular on Peaceful Construction

The following is a rough translation of the Henan Provincial Party Committee and Provincial Government Circular Regarding the Issuance of the "Program for Construction of a Peaceful Henan," issued  April 26, 2006.  (Translation done by Tom Stutsman)

Text of Chinese Property Law Released

On March 16, the Chinese National People's Congress passed the P.R.C. Property Law.  The full text of the law is available on the P.R.C. government website, and commentary and analysis is available from Xinhua.

The above Xinhua link has gone dead (as of April 1), but it and the pages to which it refers are still available through the Google cache.

An English translation of the Property Law is available from Lehman, Lee, and Xu.

SPC Considering Judicial Interpretation to Address Discrepancy in Death Compensation Awards for Urban and Rural Hukou Holders

The Supreme People's Court (SPC) is considering issuing a judicial interpretation to address discrepencies between rural and urban hukou holders in death compensation awards, according to comments made by March 14 by SPC President Xiao Yang and carried in a March 14 Xinhua post.

In 2006, Chinese media reported multiple cases in which long-term migrants living in Chinese urban areas (but still holding rural hukou registration) who were killed in traffic accidents received significantly less compensation than corresponding urban hukou holders killed in similar (or the same) accident.  See these posts (1, 2, 3) on the website of the Congressional-Executive Commission of China. The discrepency is a result of a 2003 SPC interpretation which links death awards to urban and rural hukou status, regardless of how long the deceased has actually been living in a given urban area.

It is unclear if or when the SPC will issue a judicial interpretation on the subject, or what the content might be.  Xiao Yang noted that experts consulted by SPC officials during the fall of 2006 regarding possible revisions were of different minds of how to address the subject.  But he asserted that the SPC has already reached preliminary consensus on the content.

Is The Hukou System Really Disappearing?

To listen to some official Chinese pronouncements and US media coverage, one might think that the Chinese hukou (household registration) system is on the verge of complete dismantlement. Wu Dong, chief of the Bureau for the Management of Public Order at the Ministry of Public Security announced on March 8 that Chinese authorities would deepen reform of the hukou system in 2007, according to a March 9 Legal Daily article reposted on the People’s Daily website. Reforms would aim at replacing temporary residence cards, migrant marriage documentation, and other controls over the migrant population with a unified residence permit system. 

Chinese provincial authorities have previously made announcements regarding the elimination of distinction between "agricultural" and "non-agricultural" hukou status. Western media has picked up on some of these pronouncements and characterized them as efforts to “abolish” or “eliminate” the hukou system.

This is wrong. The Chinese hukou system is not disappearing. But it is mutating.

Supreme People's Court Emphasizes Need For Mediation

The Supreme People's Court issued an opinion on March 7 directing courts to strengthen their use of mediation in handling citizen grievances as a means to reduce social conflict.  The Opinion on Further Increasing the Positive Role of Mediation (in Litigation) in Constructing Socialism and a Harmonious Society instructs courts to increase training for judges in the use of mediation, establish systems of rewards that encourage judges to resort to mediation, and to include success in using mediation ín the regular career assessments of judges.

China and US Issue 2006 Human Rights Reports

Both the United States and China have issued their respective 2006 annual reports regarding the human rights practices of the other.  On March 6, 2007, the US State Department issued their 2006 country report on Chinese human rights practices.   On March 8, 2007, the Information Office of the PRC State Council issued their 2006 report (English, Chinese) on the human rights record of the United States.

State Council Orders Cleanup of Administrative Rules and Regulations

The general office of the State Council has issued a circular requiring all national government ministries and provincial governments to clean up administrative rules and regulations that have expired or that are inconsistent with existing law by October 2007, according to a March 7 post on the China Court web site.  The legal affairs office of the State Council will conduct the review of national administrative regulations, while local governments and ministries will handle the review of local administrative rules.

Position With Stanford Program In China

DIRECTOR, STANFORD PROGRAM IN CHINA

The Bing Overseas Studies Program at Stanford University invites applications for Director of the Stanford Program in Beijing.