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End of An Era How Chinas Authoritarian Revival Is Undermining Its Rise 1St Edition Carl Minzner Full Chapter
End of An Era How Chinas Authoritarian Revival Is Undermining Its Rise 1St Edition Carl Minzner Full Chapter
End of An Era How Chinas Authoritarian Revival Is Undermining Its Rise 1St Edition Carl Minzner Full Chapter
Carl Minzner
1
1
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
1 3 5 7 9 8 6 4 2
Printed by Sheridan Books, Inc., United States of America
To my mother, Pamela Burgy Minzner, who made it all possible.
TA B L E O F C O N T E N T S
•
Acknowledgments ix
Preface xv
Introduction 1
1. Overview: The End of China’s Reform Era 17
2. Society and Economy: The Closing of the Chinese Dream 37
3. Politics: Internal Decay and Social Unrest 67
4. Religion and Ideology: What Do We Believe? 113
5. China in Comparative Perspective 143
6. Possible Futures 161
Conclusion 191
Notes 197
Index 241
vii
AC K N OW L E D G M E N T S
•
Writing a book takes a long time. In my case, it has extended well over a
decade. Many of the general ideas for this manuscript originated while
serving as senior counsel to the Congressional-Executive Commission
on China from 2003 to 2006, monitoring and writing on a range of
Chinese rule-of-law and human rights developments along with an
outstanding team of coworkers and research assistants (many of whom
have gone on to fascinating China-related careers of their own). Others
were developed between 2006 and 2007, as a fellow at the Council on
Foreign Relations. But as so happens to academics facing the tenure
process, this project lay inchoate for a number of years as I began my
teaching career and found myself confronting incentives for producing
much more narrowly specialized academic articles.
I owe a deep debt of gratitude to the National Committee on
United States–China Relations for providing me with a much-needed
morale boost to restart this work, through including me in their Public
Intellectuals Program from 2011 to 2013. Aimed at encouraging mid-
career academics to communicate with the general public, the program
played a crucial role in prompting me to try to write for a broader audi-
ence. It also served an invaluable role of helping to break down the arti-
ficial disciplinary barriers that divide China scholars, introducing me to
ix
x Acknowledgments
a much wider range of experts, ranging from Taylor Fravel (foreign pol-
icy), Victor Shih (politics and finance), and Karrie Kossel (politics and
religion). Many valuable conversations were had around baijiu-soaked
dinners (and lunches) throughout coal-mining districts of Guizhou
along with Jay Carter, Michael Chang, Martin Dimitrov, Yinan He,
Joanna Lewis, Anthony Spires, Elanah Uretsky, and the National
Committee’s indefatigable Jan Berris (master at the art of discreetly dis-
posing of alcohol in nearby potted plants). Such scholars (and others
like them) are a wonderful exception to the increasingly narrow focus
of much academic work on China today as mentioned in the preface.
This book draws on nearly two decades of conversations with a
range of Chinese citizens and activists outside the Party-state, officials
inside it, and academics with a foot in both worlds. It is they—not
outsiders—who will shape the direction that their country will take.
More than anyone, they are deeply aware of the dangerous shifts that
are beginning to take place within China. They see how the system
is beginning to slide. In part, this work represents an effort to syn-
thesize and reflect back their views as to what is happening. But pre-
cisely because I am no longer certain that it is safe, I have generally
avoided listing their names. Over the past fifteen years, an increasingly
repressive atmosphere has swept through one field after another—state
organs, the bar, media, civil society. Institutions of higher education,
Chinese and foreign alike, are now being targeted as well. As China’s
reform era ends, many will come under increasing pressure—both from
Beijing’s security forces and from rabid nationalists trafficking in anti-
foreign sentiment.
This work could not have been completed without the outstand-
ing aid of a team of research assistants—Mathias Rabinovitch, Jennifer
Whitman, Jason Zhang, and Laura Chao—who helped cite-check
every single footnote. Alissa Black-Dorward and Gail McDonald of
Fordham’s law school library provided excellent assistance in tracking
down sources and helping to obtain permissions for charts and photos.
Jon Berkeley, Mary Gallagher, Aaron Halegua, Brian O’Hagan, and
David Parkins graciously provided permission to use crucial images and
charts. Thanks are also due to the two designers who worked so hard on
encapsulating the visceral sense of this manuscript in the cover art, both
to Robert Yasharian for his work on initial drafts, and to Brian Moore
Acknowledgments xi
for generating the final product. Fordham Law School and Fordham
University provided essential financial support, allowing me to work on
this project both over the summers and during a sabbatical.
I also owe special thanks to those people who helped organize events
at which early-stage versions of different chapters were presented—
including Jay Carter (St. Joseph’s University), Debbie Denno (Fordham
Law School), Ira Belkin and Jerome Cohen (NYU Law School), Mark
Frazier (New School), Benjamin Liebman (Columbia Law School),
Margaret Lewis (Seton Hall Law School), Victor Shih (University of
San Diego/Association of Asian Studies panel), William Woolridge
and Robbie Barnett (Modern China Seminar at Columbia University),
Benjamin van Roij and Jeffrey Wasserstrom (University of California
at Irvine), and Ezra Vogel (Harvard)—and all the commentators at
those events who provided suggestions and comments. Editors and
staff at the Journal of Democracy provided excellent assistance in edit-
ing and publishing two earlier articles that comprise key sections of
Chapters 1 and 5, while the editors and staff of the China Quarterly
did the same for a co-authored article I wrote with Wang Yuhua and
that has been incorporated into Chapter 3. Similar thanks are owed
to the editors and staff at the American Journal of Comparative Law,
Asia Policy, East Asian Forum at Australian National University, Fordham
International Law Journal, Jamestown Foundation’s China Brief, New
York Times/International Herald Tribune, Los Angeles Times, University
of Pennsylvania Journal of International Law, and the Stanford Journal
of International Law, all of whom helped edit and publish prior articles
of mine that in some form fed into various chapters in the manuscript.
Paul Bostick, Sam Crane, Keith Hand, Loren Frank, Richard Minzner,
Marissa Molé, Ana Nathe, Kevin Slaten, Carsten Vala, Alex Wang,
Madeline Zelin, and two anonymous reviewers also read assorted chap-
ters and provided valuable suggestions with regard to both content and
readability. I am also deeply appreciative to a much broader range of
experts and laypersons for graciously sharing their insights on develop-
ments in China and elsewhere over the years, but whom space prevents
from thanking individually.
I would also like to express particular gratitude to Peter Bernstein
and Lily Oei for their help in assisting me to navigate the process of
going about thinking through how to publish my first book, and to
xii Acknowledgments
•
Hopes ran high in early-twentieth-century China. A new world was
dawning. The fall of the Qing dynasty in 1912 marked an abrupt break
with two millennia of autocratic imperial rule. Modern industry and
commerce were sweeping inland from the coast, reworking the eco-
nomic sinews of the country in their wake. That same year, newspapers
boasted of the opening of new high-speed trains linking Beijing to the
booming commercial center of Shanghai, reducing transit time from an
interminable five days to the then breathtakingly rapid time of a mere
forty hours.1
Intellectuals drank deeply of these changes. They dreamed of reviv-
ing a nation laid low by decades of imperial torpor and foreign exploi-
tation. Law was central to their goals. Some traveled overseas to study
at schools in Japan or the West. Others threw themselves into translat-
ing foreign statutes. Foreigners, too, were drawn into the whirlpool
of reform efforts. From 1913 to 1914, Frank Goodnow, a prominent
American administrative law expert (and first head of the American
Political Science Association), served as legal adviser to President Yuan
Shikai, assisting in drafting the first constitution for the new Chinese
republic. Such efforts expanded in the 1920s. Newly established law
schools trained thousands of judges and legal personnel in new codes
xv
xvi Preface
This concern is far from simply academic. Crucial issues in China are
coming to a boil. Meanwhile, the very experts who are best equipped
to try to explain these to their fellow citizens are locked in what one
of America’s top international relations scholars has termed “a cult of
irrelevance . . . devot[ing] vast amounts of time to researching top-
ics that are of interest only to a handful of their fellow scholars.”5 As
China experiences some of the most wrenching transitions in history,
do we really want to walk off the field entirely? Leave public opinion
to be informed solely by pundits willing to reduce 1.4 billion people to
single-sentence sound bites? To politicians mouthing inane assertions?
This leads into one further comment regarding the writing style,
endnotes, and target audience for this work. (This is directed toward
my academic colleagues. If my nonspecialist readers sense a degree
of defensiveness in the following, you’re dead-on). My prior writing
consists of dense academic tomes heavily footnoted to things such
as Gansu provincial regulations on citizen petitioning—precisely the
kinds of topics of interest only to a handful of other specialists fol-
lowing the narrow details of Chinese judicial reform policies or cadre
evaluation systems. This book is different. It is intended to be accessible
to the public at large. So it is written in a different style—because the
developments discussed here will extend far beyond the world of China
specialists.
Last, this book in no way pretends to be the final word. The best
I can do is to try to synthesize my own (few) areas of knowledge with
the research of others to describe what I see taking place in China
today. One of my earnest hopes in writing this book is that experts
xxii Preface
Rising amid the jagged cliffs of the Yangtze River, the Three Gorges
Dam is a visible embodiment of China’s rise. Enormous turbines hum
as they generate electricity to power the nation’s rapid growth. Massive
dam walls hold back the waters of the world’s third longest river, reduc-
ing the risk of seasonal flooding to downstream cities such as Shanghai.
As with so much else in China today, statistics astound. Completed
in 2009, the total electrical capacity is eleven times that of the Hoover
Dam. It could power all of Pakistan.1 Filling the reservoir behind the
dam created an enormous 400 mile–long man-made lake snaking its
way back toward the steamy Sichuan highlands. The two-decade-long
construction process required one of the most sweeping resettlement
operations in human history outside of wartime. As ancient cobble-
stoned villages slowly disappeared beneath the surging floodwaters,
some 1.4 million rural residents were uprooted and evacuated to new
townships built from scratch.
Upstream lies the neon-lit metropolis of Chongqing, the vibrant
economic core of southwestern China. There, the newly constructed
Three Gorges museum situates the dam’s construction in a national
narrative detailing China’s rise. Expansive first-floor exhibits proudly
remind well-heeled tour groups how generations of twentieth-century
Chinese rulers— Sun Yat- Sen, Chiang Kai- shek, and Mao Zedong
himself—dreamed of taming the Yangtze. Now, China’s current leader-
ship has realized that ambition.
1
2 Introduction
to prevent the river from flooding over its banks. Over hundreds of
years, this tug-of-war between man and nature has gradually raised
the level of the river far above that of the surrounding plains. Visitors
from New Orleans find the results visually similar, if yet more strik-
ing, to their hometown vistas of the Mississippi River. In downstream
reaches, one can experience the unusual sight of standing at ground
level and looking up at the Yellow River stately flowing dozens of feet
above your head.
Naturally, this is not stable. Natural disasters can break dams and
levees. Corrupt officials may divert funds used to maintain them.
Catastrophic floods result. In both 1887 and 1931, a combination of
these factors led to two of the largest disasters in human history. Billions
of tons of pent-up water rapidly eroded the man-made barriers, explod-
ing across eastern China in violent torrents that carved new paths to the
sea. Estimated death tolls: 2 and 4 million, respectively. Human culpa-
bility can be even more direct. In 1938, retreating Nationalist Chinese
troops deliberately breached the Yellow River dikes to slow advancing
Japanese forces, killing hundreds of thousands of their own citizens in
the process.
Nor are such concerns merely historical. After decades spent vaunt-
ing the technical prowess behind the Three Gorges Dam project, the
Chinese State Council obliquely acknowledged in 2011 that “urgent
problems must be resolved regarding . . . ecological protection and geo-
logical disaster prevention.”3 Chinese scientists have concluded that
since authorities began filling the reservoir in 2003, the massive increase
in water pressure on the earth’s crust has generated a dramatic upsurge
in local earthquake and landslide activity. No consensus yet exists as to
the risk this poses to the dam itself. But in the worst-case scenario of
a catastrophic structural failure, the entire population of the Yangtze
floodplain—some 75 million in total—would be in peril.
Parallel concerns exist with regard to the Chinese state. As with the
levees along the Yellow River, it looks impressive from the outside. But
the apparently solid construction of China’s Party-state masks internal
weakness. Official controls are themselves undermining the stability
of the system, exacerbating sharp socioeconomic divides, weakening
state governance, fueling social unrest, and intensifying ideological
polarization.
4 Introduction
decade- long legal struggle with police.11 A failed job- seeker knifes
12
China’s second wealthiest man. A disgruntled petitioner ignites a fire
on a public bus in Xiamen, killing forty-seven people.13 Faced with
such developments, Chinese public security officials themselves have
asserted that “the foundation of social order is relatively fragile,” and
bemoan the inability of state authorities to effectively resolve citizen
grievances.14
Dramatic social shifts have created pressure for ideological change.
The political slogans mouthed by state television anchors are now
empty anachronisms. Since the late 1990s, capitalists have been wel-
comed into the Communist Party. Top leaders and their relatives are
integral parts of complex family networks controlling billions of dollars
of assets. In such a world, Mao’s socialist vision no longer makes coher-
ent sense. Halcyon days filled with revolutionary ardor exist only in
the fading memories of an older generation and the relentlessly cheery
propaganda pumped out by state media. Elsewhere, there is a pervasive
sense that China has lost its moral compass amid the frenetic economic
development of the past thirty years. In 2011, after a two-year-old tod-
dler was hit by two trucks and left dying in an alley, security cameras
captured no fewer than eighteen people passing by without helping
her, some pausing to examine her still-moving body before moving on.
Release of the video on Chinese social media prompted an anguished
burst of national self-reflection expressed in millions of online com-
ments: “Some people with no beliefs and a twisted value system can
do terrible, unimaginable things”; “Farewell, and do not be born in
China in your next life.”15 Six years later, the same story played itself
out—yet again—after surveillance cameras recorded a pedestrian in
central China being hit repeatedly by oncoming traffic, as dozens of
gawking bystanders passed within feet of her prone body without lift-
ing a finger.16
Many seek something deeper. Newly wealthy elites look for meaning
in a world where almost anything—and anyone—can be bought. Rural
migrants lost among the anonymity of Chinese cities search for a sense
of belonging. Christian house churches, Buddhist lay congregations,
and other beliefs have flourished as a result. Even Party authorities are
flirting with alternatives. China’s top Party leader, Xi Jinping, has called
for rehabilitating China’s “traditional faiths” as means of addressing
Introduction 7
One hundred years on, where China wants to go is still the most cru-
cial question the Chinese nation faces. As vested interests consolidate,
the economy slows down, and accumulated social injustice leads to
concentrated outbursts, China has once again arrived at an histori-
cal crossroads. . . . To a large extent, what we see happening around
us today is re-enactment of the tragedy of the late Qing [dynasty]
14 Introduction
reforms, and for that reason I am deeply concerned about the future
of the Chinese nation. When hopes of reform are dashed, people will
rise up and seek revolution. The privileged and powerful have long
transferred their children and wealth overseas; they couldn’t care less
of the misfortune and suffering of the disempowered, nor do they care
about China’s future.29
17
18 End of an Era
the Middle East—he now cautions readers to focus less on the high-
minded goal of building liberal democracy, and more on constructing
the basic machinery of rule by an efficient state.3
Given this, one can understand why China might seem attractive
today. Compared with the steadily escalating turmoil in the Middle
East and the slow-moving train wreck of Russia and Ukraine, China
appears a relative haven. No revolution. No civil war. For roughly three
decades, economic growth averaged 10 percent a year. On the surface,
China seems the very incarnation of the efficient state machine—a
model for other aspiring authoritarians to follow. But a closer look at
China’s reform era reveals a different truth. China’s heady accomplish-
ments have been grounded in a set of norms and policies—political,
economic, and ideological—adopted in the last quarter of the twenti-
eth century. These are now unraveling.
Since 1989, Beijing has firmly adhered to one core principle: uphold
the rule of the Chinese Communist Party (CCP) at all costs. Naturally,
this has led Chinese leaders to take political liberalization off the table.
But it has also led them to undermine the very governance reforms that
have been key to the resilience shown by China’s authoritarian regime.
Put simply, in the narrow pursuit of maintaining political power, CCP
leaders have eroded the late- twentieth- century bedrock on which
China’s success has been built. Rather than serving as the poster child
for successful authoritarian governance, China is actually an example of
the perils of failing to undertake political reform.
Constrained Reform
Then came Tiananmen. After a period of seeming indecision, the Party-
state came crashing down on the 1989 student democracy movement
with savage repression. Reform experiments were cut short. Party elders
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THE STRAIN THAT MAKES THE CORNING EGG FARM FAMOUS
As The Corning Egg Farm was located within a few miles of New
York City the breeds which laid the white shelled egg were the only
ones worthy of consideration, and, in the study of the question, it
was found there was another important matter confronting the egg
farmer, as to the breed which he should keep, whether a setter, or a
non-setter. On an egg farm, where hundreds of layers are to be kept,
if any of the Asiatics, or so called American Breeds, were kept, they
would be a source of considerable added expense, first, in the way
of loss of eggs during their numerous broody periods; second, in the
necessary buildings in which to carry the “broody biddies” until they
have become sensible, and are in a proper frame of mind to be
returned to the Laying House. This might look on its face a small
affair, but success to The Corning Egg Farm has come through
watching every corner, and while sparing no needed expenditure,
avoiding unnecessary and foolish outlay.
So, to the man who would really meet with a large success, all the
breeds which lay the dark shelled egg, because of their setting
propensity, must be eliminated.
All the members of the Mediterranean family are layers of the
white shelled egg, and are what is termed “non-setting.”
Now, if the anatomy of these two birds had been studied, it would
have been found at once that hen No. 1 was much better qualified to
take a place in the breeding pen than hen No. 2. The mere fact that
the trap nest record of any female shows a phenomenal number of
eggs laid in ten or twelve months does not necessarily prove that
she is a proper animal to breed from. Post-mortem examinations
show in many cases that they are freaks, and, while they have laid a
great number of eggs, there was much to be desired in regard to the
eggs, as to their size, shape, and color. As a matter of fact it would
have been a great mistake to have bred from such an individual.