Chinese Complaint Systems


Book Description

Complaint systems have existed in China for many years, and in 2004, a debate took place in the People’s Republic of China (PRC) over the Letters and Visits System (xinfang zhidu), which was designed to allow people to register complaints with the upper levels of the government. However, both parties generally overlooked several different complaint systems that had preceded the Letters and Visits System during China’s history. Indeed, despite the rich heritage of numerous complaint systems throughout China’s past, most studies of complaint systems in China have paid little attention to the origins, development, practices, impact, and nature of similar institutions in the longue durée of Chinese history. Presenting a comprehensive study of complaint systems in Chinese history from early times to the present, this important book fills the gap in existing literature on complaint systems in China. Drawing on primary sources, Qiang Fang analyses the significance of continuities and changes in historical complaint systems for contemporary China, where the state continues to be nominally strong, but actually fragile. Unlike other major theories of popular resistance to the state in China, such as ‘everyday resistance’, ‘rightful resistance’ and resistance ‘as legal rights’, this book develops the theory that behind Chinese complaint systems, there was a mentality of ‘natural resistance’ that has been deeply embedded in Chinese culture, political philosophy, and folk religion for millennia. Given this history, Fang concludes that it is likely that some form of complaint system will continue to exist, and by helping to mitigate the increasing demands of the Chinese state on the Chinese, will serve to strengthen the state. An essential contribution understanding the strengths, weaknesses, and various roles of the Letters and Visits System in contemporary China, as well as the systems that have preceded it throughout China’s long history, this book will be of huge interest to students and scholars of Chinese history, politics and law.




A Hot Potato


Book Description

The dissertation analyzes what we may call the Chinese complaint systems. In the People's Republic of China today, the systems usually go under the name of shangfang (literally "going up to visit"). Since the 1990s, these systems have been a hot topic in the Chinese public media and discussion. In the early twentieth century, there was a national debate on whether to preserve the Mail and Visit system in the PRC. But most scholarship focuses mainly on the systems in contemporary China and pays little attention to complaint systems in earlier periods of Chinese history. But, only after we know the development and role of the complaint systems in Chinese history can we better solve the debate and problems in the current PRC complaint systems. Through a comprehensive historical study, I find that the Chinese complaint systems started informally in the Zhou period (about 1029-256BCE). From the Jin (265-420CE) and especially from the Tang (618-907), several complaint systems gradually became a part of the formal judicial system. In the 20 th century, as a clear distinction between criminal and civil law appeared, various complaint systems developed more or less independently of the rest of the judicial system. In the early PRC, such a distinction between judicial and complaint system blurred. More recently, as part of the effort to enhance the rule of law, the complaint systems have become more distinct from the rest of judicial system. While this is to some extent a return to the Republican period, it is not a complete return and there are echoes of how the systems worked in earlier periods.




Chinese Complaint Systems


Book Description

Despite the rich heritage of numerous complaint systems in Chinese history, most Western as well as Chinese studies of one or more complaint systems in the PRC and earlier periods have paid little systematic attention to the origins, development, practices, impact, and nature of similar institutions in the longue durée of Chinese history. This book fills this gap, providing the reader with a comprehensive study of complaint systems in Chinese history from early times to the present. As such it will be of huge interest to students and scholars of Chinese history, politics and law.




China's Citizen Complaint System


Book Description




China's Citizen Complaint System


Book Description




Access to Justice for the Chinese Consumer


Book Description

This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.




China's Citizen Complaint System


Book Description




The Citizen and the Chinese State


Book Description

This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.