He Xin on Pressures on Chinese Judges under Xi (The China Journal)

"Pressures on Chinese Judges under Xi"

He Xin

The China Journal

Published in December 2020 online

Abstract: Drawing on interviews with Chinese judges, this paper reveals the major effects of judicial reforms during the past half decade. It focuses on the ramifications of a new quota and responsibility system for judges and on the strengthening of central-government controls over the judiciary. The paper differentiates between what the Party considers to be legitimate and illegitimate influences on judges, which sheds light on recent legal developments and the role of the judiciary in Chinese governance. The article finds that illegitimate influences on courts have declined palpably, but what the Party perceives to be legitimate influences have persisted and even been reinforced. More direct, comprehensive control over judges has replaced previously fragmented, multilayered mechanisms. Despite important changes, the reforms did not lead to institutional independence of Chinese judges, nor has the stature of the courts in China’s political landscape changed.

Miron Mushkat & Roda Mushkat on Combatting Corruption in the “Era of Xi Jinping”: A Law and Economics Perspective (Hastings Int'l & Comp L Rev)

"Combatting Corruption in the “Era of Xi Jinping”: A Law and Economics Perspective"
Miron Mushkat & Roda Mushkat
Hastings International and Comparative Law Review
2019, Volume 43, No. 2

Abstract: Pervasive graft, widely observed throughout Chinese history but deprived of proper outlets and suppressed in the years following the Communist Revolution, resurfaced on massive scale when partial marketization of the economy was embraced in 1978 and beyond. The authorities had endeavored to alleviate the problem, but in an uneven and less than determined fashion. The battle against corruption has greatly intensified after Xi Jinping ascended to power in 2012. The multiyear antigraft campaign that has unfolded has been carried out in an iron-fisted and relentless fashion. It has yielded some tangible benefits, yet the negative side of the ledger is heavily loaded. Absent broad-based institutional reengineering, the ambitious and costly program’s long-term future may not be assured.

Hualing Fu on President Xi Jinping's Visit to Hong Kong (ChinaFile)

Hualing Fu contributed to a ChinaFile Conversation on President Xi Jinping's recent visit to Hong Kong.  The full article can be accessed here.  In Hong Kong, a proper dose of cynicism is healthy and helpful in understanding Chinese politics, but excessive cynicism dampens Hong Kong’s spirit and impedes a constructive dialogue that is much needed for Hong Kong to move out of the current impasse. Did President Xi come to Hong Kong to deliver a harsh and intimidating message? Clearly not and there is no need for him to do so.

     Did Xi wag his finger at Hong Kong? Yes he did. He scolded those who advocate Hong Kong’s independence, he reaffirmed China’s broadly defined bottom-lines in relation to the authority of Central Authorities, national security and sovereignty; and he gave warnings to those who may use Hong Kong as a basis for political and religious infiltration and who contemplate and envisage color revolution. This is the first time for a state leader to use the term of infiltration/sabotage to capture the perceived risk that Hong Kong may pose to China. It is a significant expansion of the doctrinal concern that Hong Kong serves as a potential subversive base from which to challenge the Chinese political governance system.

     Having expressed these security concerns, Xi delivered three positive messages that are significant for Hong Kong. First, Xi reminded the people in Hong Kong of the city’s glorious past and of the fact that Hong Kong has made outstanding contributions to China. Xi could have gone one step further to make a stronger statement that China’s economic miracle would not have been possible without Hong Kong’s helping hands. Xi said China acknowledges and appreciates Hong Kong’s contributions. That thank-you note from Xi resonates well in Hong Kong. Personally, witnessing all the attacks and occasional insults from the Mainland in the past few years, I have been waiting for someone to acknowledge Hong Kong’s historical contributions. And Xi has now just done this... Click here to read the full article.