Tigers without teeth : the pursuit of justice in contemporary China / Scott Wilson.
2015
KNQ502.4 .W55 2015 (Map It)
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Details
Author
Title
Tigers without teeth : the pursuit of justice in contemporary China / Scott Wilson.
Published
Lanham, Maryland : Rowman & Littlefield, [2015]
Copyright
©2015
Call Number
KNQ502.4 .W55 2015
Former Call Number
Ch.P 908 W69 2015
ISBN
9781442236165 (cloth : alkaline paper)
1442236167 (cloth : alkaline paper)
9781442236172 (electronic)
1442236167 (cloth : alkaline paper)
9781442236172 (electronic)
Description
xiii, 261 pages ; 24 cm.
System Control No.
(OCoLC)894625621
Summary
"This compelling book analyzes the rise of civil society and legal contentiousness in contemporary China. Scott Wilson examines how Chinese AIDS carriers and pollution victims, relying on weak laws and judicial institutions, pursue justice and protection of their rights in Chinese courts and civil society. In exploring the "politics of justice" in China, the author contends that civil society and legal rights advance when their organizers have support from pockets of the Chinese Communist Party, resources from international groups, and the backing of protesters. Even lawsuits that fail in the courts can raise societal consciousness of social issues and can lead to revised state policies to address the substantive claims of disadvantaged citizens. Underlying the politics of justice is the regime's attempt to balance commitments to legal development and its interest in regime stability. Wilson argues that the Chinese state has looked more favorably upon pollution victims' civil-society organizations and lawsuits than those of AIDS carriers. Going beyond the standard overviews of China's legal system, Tigers without Teeth is unique in its close comparison of legal activism on two sensitive and politically relevant social issues. It provides important insights into the development of civil society, as well as highlighting limitations to the pursuit of justice as the system balances between the development of rule of law and regime stability"--Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 231-254) and index.
Record Appears in
Table of Contents
Preface
ix
List of Acronyms
xi
List of Tables
xiii
1.
Introduction: "Tigers without Teeth?"
1
Dilemmas of Rule of Law and Civil Society in Nondemocratic Regimes
2
Challenges to the Pursuit of Legal Justice
4
Why Study Environmental Pollution Victims and HIV/AIDS Carriers?
6
Linking Civil Society Development, Litigation, and Rule of Law
8
Understanding the Divergent State Responses to Looming Crises
13
A Look Ahead
16
Notes
18
2.
State Management of Civil Society and the Judiciary
25
Contending Approaches to Chinese Civil Society
26
Civil Society and the Judiciary as Arenas of Contestation
29
Categories of Civil Society Organizations and Registration Rules
30
Sources of Civil Society Organization Autonomy
36
Regulatory Changes and Control over Civil Society Organizations
39
UNAIDS and the Rift with China's State over the Global Fund
42
China's Judiciary
45
Party and State Influence over the Courts
46
Sources of Judicial Autonomy
47
Civil Society and Reining in Cause Lawyers
48
Conclusion: China's State in the Trenches
50
Notes
52
3.
The Development of China's Environmental and HIV/AIDS Crises
57
Institutions and Epidemics in China
58
Marketization and Globalization
58
Legislation and Stigmatization
59
Ministry of Health
61
The Spread of HIV/AIDS in China
65
Institutional Origins of China's Environmental Crisis
72
Environmental Regulations
73
Economic Institutions
74
The Environmental Protection Bureaucracy
75
China's Environmental Decline
78
The Mao Era (1949--1978)
79
The Post-Mao Era (1978--Present)
80
Conclusion: Institutional Origins and Responses to Crises
83
Notes
84
4.
Civil Society Responses to HIV/AIDS and Environmental Pollution
91
The Development of HIV/AIDS Organizations
93
SARS Crisis
94
China CARES Program
95
Limits to State-Centered Approaches to HIV/AIDS
96
International Efforts to Empower Chinese AIDS Groups and Their Limits
99
Chinese Grassroots NGOs---Bounded Autonomy
102
A Fractured Civil Society: China's HIV/AIDS Organizations
106
Environmental Civil Society Groups
108
Emergence of Environmental Civil Society Groups
108
Environmental Legal Aid Groups
111
The Politics of Civil Society Development and Legal Aid
113
Notes
115
5.
HIV/AIDS Carriers Settling for Discrimination
119
Legal and Regulatory Context of HIV/AIDS Carriers' Rights
121
State Attempts to Keep HIV/AIDS Social Conflict Out of the Courts
122
Discrimination against HIV/AIDS Carriers
124
Discrimination and the Right to Health Care
126
Discrimination and Health Insurance
127
Employment Discrimination
128
Compensation for Contracting HIV/AIDS from the Mishandling of the Blood Supply
132
"We Cannot Control Our Anger Anymore"
135
Conclusion: Settling for Discrimination?
137
Notes
139
6.
Litigating for Pollution Victims' Rights
145
Development of Chinese Environmental Laws and Regulations
148
Development of Environmental Litigation in China
151
Joint Litigation
152
Health Damages
155
Right to Know
157
Halting Pollution Violations
158
Efforts to Improve Implementation of Environmental Regulations
163
"Scientific Development," "Harmonious Society," and Litigation
166
Notes
169
7.
Who May Defend the "Public Interest"?
177
The Legal Basis of Chinese Environmental Public Interest Litigation
179
The Slow Development of Environmental Public Interest Litigation
181
Law Revisions and Environmental Public Interest Litigation
191
GONGO Leadership of Public Interest Litigation and Societal Quiescence
194
Courts and the Politics of Environmental Adjudication
197
Representing the Public Interest: Citizen-State Struggles in Civil Society
200
Notes
201
8.
Conclusion: Helping Tigers Grow Teeth
207
Factors Propelling Rights Protection in China
207
International Funding and Linkages
208
Mobilization of Protest and Media
210
Litigation
211
Regime Allies
212
Obstacles to Rights-Based Contention
214
Uneven and Fragmented Civil Society
214
Decentralized and Fractured Bureaucracy and Judiciary
216
Is a Rights Revolution Incompatible with Regime Maintenance?
220
Notes
223
Interview List
227
Bibliography
231
Chinese Language Sources
246
Index
255
About the Author
261