Focal Topics

This collection of papers is a follow-up to the collection offered in the "Chinese Social Sciences Yearbook 1998". We wish to introduce to the Western audience the topics, methods and patterns of discourse prevailing in the current Social Science debates of Chinese academic circles.
We apologize for the low quality of the translations, which have not been edited by a native speaker. Faced with very limited funds, we had to rely on Chinese translators into English, who did a very good job, however also a very difficult one. The German editor could not amend the many deficiencies which result from the challenge that the complex structure and language of the original texts posed to non-expert non-native speakers. We hope that, nonetheless, readers will enjoy the rare opportunity to get first-hand access to the Chinese debates.
We distinguish between five broad areas, namely Economics, Sociology, Political Science, Legal Studies and Philosophy.

In Legal Studies, we show how fundamental legal categories differ in China, and how these are adapted to the rapidly changing social, political and economic environment. One of the interesting observations is the different role of the state in terms of the distinction between "rule by law" and "rule of law".

In Sociology, we contribute papers on the relation of the modernizing state and society and the structural changes of Chinese society, micro as well as macro. One insight is a methodological one, namely the need to understand the complexities of social change via case studies.

In Economics, we present some fresh views on the nature of the Chinese economic system in past and present, as well as show how economics might be a practical guide for policy design. An interesting lesson is to understand the importance of history for economic analysis.

In Political science, we tackle the intricate issues of how the Chinese political system can redefine itself, between the Western political present and the Chinese political tradition, and with basic institutional structures undergoing evolutionary, albeit rapid change. We learn how difficult it is to adapt the Western political concepts to a different historical and social background.

In Philosophy, we put special emphasis on the role of Confucianism for China's modernization. We realize the value of tradition, which, however, means that tradition is being reconstructed in a lively debate with many different options for future development.

Thanks to the authors and translators!

Our topics are (for the downloads and abstracts, see below):

•     Military Economy: China's Socio-Economic Formation, 1949-1978
•     Institutional Transition and Development of Industries: Empirical Contributions to Transition Theory
•     An Economic Analysis on Securities Law Enforcement
•     "Both Hard and Soft Tactics": An Analysis of the Informal Operation of Formal Authority
•     The Four Interest Groups in Contemporary China's Society
•     "People on One's Own Side": Case Studies of the Process of Forming Trust
•     The Construction of Subjectivity of the Poor and Community Institutional Innovation
•     Some Sociological Considerations about the Constitution of Social Actuality
•     Criticisms of the Definition of Rationality in New Classical Economics
•     Equality-Oriented Democracy versus Freedom-Oriented Democracy
•     Who are Enemies of Human Civilization? Popper and Toynbee compared
•     The Central Government and Local Authorities During Transition Period
•     Confucian Ethics, Market Ethics and General Ethics
•     Reflections on the Relationship between Science and Society
•     The Ideal of Diversified Freedom and its Realization
•     Good, Evil and Edification
•     Confucianism and Market Economy: a Meandering Discussion
•     Rule Through Contracts
•     No Difference Whether Constitutional or Not
•     Analysis of the Concept of Ownership
•     Contextualism: An Approach and Method of Legal System Studies

Papers in Economics

Military Economy: China's Socio-Economic Formation, 1949-1978
- also discussing with Professor Justin Yifu Lin and others
by
Xu Jianming
There are two theoretical paradigms on China's social-economic formation in 1949-1978. One is the traditional "Planned Economy " model. The other is the model of "Forging -ahead Strategy", which was established by Professor Justin Yifu Lin with his partners and exerted great influence on the Academic circles in recent years. The author thinks that the both Paradigms just catch some superficial phenomenon of China's society and economy in this special period. The author proposes an alternative model, the "military economy", which he proves to be the main systemic determinant in all the fields such as goods production, capital allocation, goods distribution, industrial structure, population policy and international trade. Furthermore, the author interpretes the changes of China's society and economy in the Post-Military Economy age to prove reversely the theoretical model. This paper sheds new light on the debate over the causes for hyper-growth in post-Mao China and offers a clear vision of the Maoist economy.
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Institutional Transition and Development of Industries: Empirical Contributions to Transition Theory
by
Jiang Xiaojuan
This paper presents empirical studies on the institutional transition and development of some of China's specific industries, and thereby provides new interpretations of China's transitional gradualism, or new evidence for conflicting views in the literature. Main conclusions include: Reform can be gradual; the mass entry of non-state enterprises is not a necessary condition for the start and growth of the reform. However, along with the reform going steadily on, reform of property ownership and formation of a competitive ownership market will become a logical requirement for continuing gradual reform. The ownership structure characterized by dominant state-owned economies as well as monopolistic production structure prior to reform is not an initial condition incompatible with gradual reform. The difference between gradual reform and radical reform is only relative; the difference may be distinct in terms of rules, but it may be ambiguous in terms of behavior and performance.
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An Economic Analysis on Securities Law Enforcement
by
Li Ming and Chang Zhongze
This paper presents an analysis of the problem of breach of securities law (SL) and securities law-enforcement from the perspective of economics. It covers the following topics: motives for SL breach, optimal volume of SL breach, its rent-seeking interpretation, efficiency analysis on conviction probability and penalty after conviction, efficiency analysis on penalty of fine and imprisonment, and the deterrent effect of lump-sum fine and progressive fine. Based on this economic analysis, the paper offers some policy suggestions for improvement of securities law-enforcement, guided by the general aim to maximize social welfare, that is to consider both the costs of crime and costs of deterrence and imprisonment.
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Papers in Sociology

"Both Hard and Soft Tactics": An Analysis of the Informal Operation of Formal Authority
--A case study of fixed quota grain purchase in B town of northern China, by
Sun Liping & Guo Yuhua
This paper uses the methods of Narrative History to examine the process of "fixed quota grain purchase", i.e. tax levying, and analyzes the operation rule of state power in rural areas of China. The rule is to use "both soft and hard tactics". "Hard tactics" comes from the essence of the coercive state power. "Soft tactics" are used because the officials in grass-root governments have many kinds of relation with the peasantry from whom they purchase grain. During the operating process of formal administrative authority, the officials have introduced customs of daily life and civil ideas such as human feelings, face, common sense etc. This practice of informal operation of formal authority manifests the peculiarities and complexities of the realization of State authority, and also shows that the boundary between the State and rural society has been made ambiguous by mutual intermingling.
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The Four Interest Groups in Contemporary China's Society
by
Li Jiang
The author organized a household questionnaire survey across the country in 1996. Based on the data collected in this survey and from other statistical organizations, the author divides China society into four interest groups: "specially benefited interest group", "ordinarily benefited interest group", "relatively deprived interest group", and the "bottom class", and analyzes their role as supporting or hindering forces of further reform, especially as compared to the Eastern European experience.

"Insider": A Case Study of the Process of Forming Trust
by
Yang Chunyi
The "people on one's own side" and "people on the other side" are the fundamental division of interpersonal trust among Chinese. The paper discusses the scope and function of "people on one's own side" and analyzes the transformation of people from one side to the other one. There are two different research fields in rural and urban areas, respectively, so that a comparative analysis is made possible.
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The Construction of Subjectivity of the Poor and Community Institutional Innovation
by
Shen Hong
The growing record of polarization in China has led to increasing concerns about poverty reduction. From an institutional arrangement standpoint, how the poverty-reduction institutions can be fit into the market-driven system is a key component of the structural transformation of Chinese society. This research deals with how the empowerment of the poor could be linked to institutional innovation, and how the community becomes the crucial field where the subjectiveness of the poor could be constructed and practiced. The subjectiveness and intersubjectiveness of the poor is designed to be the logical start point of this research. They could be constructed during an integrated process, within which participatory methodology initiates the institutional arrangement on self-organization, building up public sphere or civil society. Participatory methodology shows its impact on the organizational innovation through entitlement for the poor, and challenges the power nexus in poor communities.
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Some Sociological Considerations about the Constitution of Social Actuality
by
Li Youmei
As a response to recent sociological analyses, this paper tries to give rise to an intensive discussion on the disparity between sociological description and social actuality, on the difficulty of constitution of social actuality, especially the difficulty to explain the mode of practical action system. It rethinks the gap between sociological assumptions such as modernization and development and social actuality and attempts to re-find and adjust these sociological assumptions The effort aims at promoting the applicability of sociology on China's problems.
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Criticisms of the Definition of Rationality in New Classical Economics
by
Zheng Yefu
This paper criticizes the "rationality", one core conception of new classical economics, and makes new findings at the most fundamental level about this old topic. The paper challenges economists by discussing the definition of rationality, the casuality of human behaviors and the choice of behavior types among rationality and other types such as customs, manners, mores, etc. Economists should pay close attention to this paper.


Papers in Political Science

Equality-Oriented Democracy versus Freedom-Oriented Democracy
by
Mao Shoulong
The author analyzes the European tradition of democratic thought, and puts special emphasis on Rousseau's conception which gave rise to the interpretation of democracy as leading toward greater equality among the citizens. He shows that this may result in an abuse of political power and an excessive growth of government. This trend can only be counter-balanced by following the ideal of freedom-oriented democracy, which limits the role of government by means of the rule of law.
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Who are Enemies of Human Civilization? Popper and Toynbee compared
by
Zhao Cheng
The paper analyzes the way how both Popper and Toynbee referred to Ancient Greek society to draw certain lessons for the development of modern societies. Both Popper and Toynbee have been very influential in Chinese intellectual circles, with Toynbee having been translated as early as in 1956. Popper was translated during the 80s. One of the core issues is to interprete the role of nationalism for the modernizing societies based on a concept of civic culture, as in the Greek city-state. The dilemma is that the danger of societal closure inheres in nationalism.
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The Central Government and Local Authorities During Transition Period
by
Zhao Chenggen
One of the driving forces of change in recent Chinese reforms is the new relation between the central and the local governments. The paper presents an overview of these changes and offers an political interpretation, for example, of the new "social contract" between local government and local populace. The author puts this in the framework of political competition among local governments. However, this has also produced some dysfunctional results. Hence, a priority task of the future is the redefinition of the role of the central government and of the tasks of government in general. The authors shows that this affects all fields of government activity.
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Papers in Philosophy

Confucian Ethics, Market Ethics and General Ethics
by
Zhang Jiangang
This paper expounds one of the most important issues in contemporary social and spiritual life in China. On the one hand, even after the May Fourth "new culture movement" and cultural revolution, the traditional Confucianism still has a great influence on people's deep psychological structure and habitual practices. On the other hand, one of the toughest difficulties that China is facing with in its transition period is immoral market behavior. This paper aims to discuss how to utilize and rebuild Chinese traditional moral resources to serve for the demands of the transition period of Chinese modernization. This is achieved not only from the angle of traditional Chinese doctrines and western doctrines, but also from the global view of general ethics. However, the aouthor rejects a return to tradition in terms of the new "new confucianism".
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Reflections on the Relationship between Science and Society
by
Chen Fangzheng
The paper covers a wide range of subjects from science to language, from the topic of "utopian social projects" to the so-called "political right". The conclusion of this paper covers the advantages and disadvantages of the assumption of "social evolutionism" and "social projects" from a distinctive research angle, and sheds light on the future study of the guidelines for the fulfillment of China's modernization.
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The Ideal of Pluralistic Liberty and its Realization
by
Li Minghua
Berlin's discussion on the two conceptions of liberty, inheriting the tradition of liberalism since Locke, has emphasized the boundary limit of private domain, not to be interfered with from outside. he introduction of Isaiah Berlin's theory of freedom into China has triggered large repercussions and heated discussions in the academic circle. During a certain period, the theoretical troubles confronting the conception of liberty are often resolved through practice. For modern society in which theory of liberty has been tending to pluralism, practice would play an even more important role. This paper presents an "idea of practical liberty", and discusses its meaning and theoretical foundation. Moreover, it investigated the part of resource that could be contributed to modern ideal of liberty by Chinese traditional culture. Special attention is given to the thoughts of the representative of new and modern Confucianism---Tang Junyi and to the analysis of the role and function of the re-interpreted "traditional Confucianism" in the ideal of diversified freedom.
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Good, Evil and Edification
A Concurrent Comment on the Theory of Man in Christianity and Confucianism
by
Yu Wujin, Zhang Li, and Zhang Xuguang
The paper disagrees with the assumption of the discussion on whether human nature is good or evil, which has been going on for a long time in the history of Chinese and Western philosophies. After a careful inspection of theories in Christianity and Confucianism, the thesis believes that human nature is innate and the natural property of the human being, while Good or Evil is acquired. We can say that the human essence, i.e. the social property of the human being, is good or evil, but we cannot say that human being is good or evil. Specifically, we can only say whether certain activities of certain particular individuals and organizations are good or evil. People get the idea of good or evil through edification. So the focus of the human theory ought to be moved from this misleading question about whether the human nature is good or evil to a careful consideration of human essence, human action and edification. The paper advocates that what is the most important in religion and cultural dialogue and communication is the consensus diagnosis of the problems the human being is confronting with.
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Confucianism and Market Economy: a Meandering Discussion
by
Meng Peiyuan
The topic of this paper is of great significance to the theoretical studies and practices in contemporary China in that it deals with the relationship between Confucianism and market economy and analyzes which factors (if there are any) of Confucianism are indispensable moral factors to today's market economy. It adopts a critical affirmative attitudes towards modernism, crystallizes the relationship between pre-modernism and modernism, and therefore forms a solid foundation for the application of Confucianism in market economy. It is proved that some moral factors embodied in Confucianism which was born out of ancient agricultural society are still applicable and valuable in today's world. The paper argues that, to make market economy sound and people who engage in business sound in mind, people need not become virtuous man or saints, but they must become people with virtues. Confucius' teachings are of practical significance in this aspect.
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Papers in Legal Studies

Rule Through Contracts
The Practice of Local Courts in Tackling Agricultural Land Contract Cases in China since the 1980s
by
Zhao Xiaoli
Through literature studies and field investigation, the author analyses the experiences of local courts in tackling land contract disputes that have arisen since the early 1980s. The author believes that China's land contracts should be understood as land renting contracts between individual peasants and the collective units and, in practice, as a new manner for local governments and rural cadres to deal with peasantry and rural affairs. The Chinese government did not get involved in the trial and judgment of land contract disputes rightly after Economic Contracts Law was promulgated in 1981. In fact it is after the first National Economic Cases Judgment Working Conference that the court began to file cases involving land contract disputes. What the court focuses on is not the solution to disputes, but helping the Party and governments improve and strengthen their work over the rural areas and peasants. Therefore, the court becomes a process and link in the State's overall ruling, and the legal system as a whole becomes a supporting point in the transition of the State's overall ruling mode.
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No Difference Whether Constitutional or Not
- The Conflict Between the System of Democratic Centralization and Constitutional Review and Its Solution
by
Hong Shihong
This paper begins with the absence of the stipulation of constitutional review in the Legislation Law and points out that the silence of the Legislation Law originates from the fact that in China whether violating the Constitution or not doesn't matter. Then, the paper proves in detail that the basic reason for this fact is the "democratic and centralizing rule" in the Constitution. The author believes that to establish constitutional review is just to overthrow the basic structure of the current Constitution. To answer whether constitutional review should be realized, what we confront with is the political dilemma between overthrowing the Constitution and safeguarding itself, instead of a simple technical decision-making issue.
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Analysis of the Concept of Ownership
by
Wang Yong
Starting from comparing the definitions of ownership in different legal systems, the article discusses the methodological basis of ownership concept analysis. By using the method of analytical law, the author offers his analysis of ownership concept: orientation of ownership----an assembly of rights, orientation of ownership----a rule on the reasoning of rights, and the functions of property in the formulation of the concept of ownership. The author not only rethinks the rights and function theory on the concept of ownership, but also gives his new definition of the concept. Compared to that of Tony Honoré, the author's definition is more concise while maintaining the same contents.
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Contextualism: An Approach and Method of Legal System Studies
by
Su Li
This article aims to establish a new law research method. For this purpose, the author selects ideal marriage and family in traditional Chinese Law as the subjects of his analysis. The author points out the theoretical weaknesses of access through "value theory" and "culture theory" when analyzing a system. Then he presents his understanding and analysis of the system utilizing the access through "context theory" and demonstrates the historical justice of the system. Based on this, emphasis is put on the characteristic of the "context theory": both a method and guideline. At the end of the article, the author shows that this access and method is applicable to the understanding of Western legal systems and related to our efforts to establish the rule of law.
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