THE SWORD OF DISCIPLINE AND THE DAGGER OF JUSTICE

The Sword Of Discipline And The Dagger Of Justice-Free PDF

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THE SWORD OF DISCIPLINE AND THE,DAGGER OF JUSTICE,Susan Trevaskes and Elisa Nesossi. XI JINPING AND THE PARTY leadership have, been reshaping China s justice and security agendas. to strengthen both the authoritarian rule of the Party. and the authoritarian rule of law They advocate,what they call rule of law thinking to. rebuild public trust in the country s politico legal. institutions which include courts procuratorates, the institutions encompassing public investigators. and prosecutors police national security and para, policing agencies This is a strategic shift following.
a decade of weiwen or Stability Maintenance, a political program closely associated with the Hu. Jintao Wen Jiabao era that covers a range of politico. legal activities aimed at preventing and or breaking. up collective protests and dealing with court cases. raised by individual complainants, Image A drug dealer being sentenced in a public trial. Source Aly Song fofg org, 264 At the height of its use in the mid to late 2000s and as discussed in previ. ous China Story Yearbooks the weiwen program gave local courts consid. erable flexibility in resolving civil and administrative disputes encour. CHINA STORY YEARBOOK The Sword of Discipline and the Dagger of Justice. aging judicial mediation over litigation Mediation arguably favours the. interests of local government and local developers more than it does those. 2014 Susan Trevaskes and Elisa Nessosi, of the complainants This trend often referred to as the localisation of. justice fostered judicial corruption and errors of justice further fuelling. the very discontent and instability that weiwen was meant to quell see. the China Story Yearbook 2013 Civilising China Chapter 4 Under Rule of. Xi Jinping s idea of Shared Destiny within China is based on the re. quirement of unity of thought especially in relation to social. and political problems that may threaten stability In promoting the rule. of law he seeks to create a strong underlying judicial and legal framework. that will encourage public trust in the legal system and enhance the effi. cacy of the current political structure Rebuilding the credibility of polit. ico legal institutions is a declared objective of reforms across the justice. spectrum The party leadership has demanded that all of China s courts. prosecution police national security and para policing agencies work. together towards this goal which aims not just to ensure public security. and the security of the Party but also to create a stable environment in. which the Party can carry out its ambitious economic reform agenda. Party inspired unity of thought is by definition largely intolerant of. pluralism and dissent This can make for a seemingly uneasy relationship. with rule of law thinking at the same time that Chinese leaders are seek. ing to strengthen judicial institutions to inspire popular trust in the pro. cess of law they are cracking down on public expressions of dissent in. cluding those that some would argue fall within the legal or constitutional. rights of Chinese citizens In late 2013 for example the government crim. inalised the online spreading of rumours by including such behaviour. within the definition of the crime of defamation Arresting independent. ly minded public intellectuals and pro human rights lawyers such as. Pu Zhiqiang in the lead up to the twenty fifth anniversary of the. 1989 Protest Movement was also presumably a pre emptive strike to dis. courage disunity in thought and practice over this sensitive period. The Handle of the Dagger, Xi Jinping requires unity in practice as well as thought within the nation s.
justice and security agencies As noted above from late 2012 Xi s leader. ship has downplayed the Stability Maintenance strategy of Hu Jintao In. late 2013 and in 2014 the Party moved to strengthen its central oversight. of the administration of law and justice, The party leadership was aware that it had to win back the hearts. and minds of people whose trust in the law had been seriously eroded. by political and judicial corruption and who had become more inclined. to seek justice through collective protests and petitions than through the. legal system Unity of thinking on law and justice thus seeks to shift pub. lic understanding of the locale of justice from,the streets back to officially regulated spaces. within the legal system,In his keynote address at the National. Conference on Politico legal Work on 8 Jan,uary 2014 Xi Jinping who as noted earlier. heads the new National Security Commis,sion and Central Leading Group for Internet.
Security among other posts declared that,China s politico legal organs need more than. ever before to play a pivotal role in bring,The term the handle of the dagger. ing about sustainable economic growth and became popular after Xi Jinping. used it in his keynote address at the, social stability Over the coming years he 2014 National Conference on Polit. ico legal Work The term implies a, said introducing a key new metaphor polit battle a fight against corruption. dissent and terrorism, ico legal organs will be required to act as the Photo Weibo chinadigitaltimes net.
BIG GAME FIVE TIGERS by Jeremy Goldkorn,266 Liu Tienan. In December 2012 just one month after Xi Jinping took over the. reins of the Communist Party Liu Tienan former vice chairman. CHINA STORY YEARBOOK The Sword of Discipline and the Dagger of Justice. of the National Energy Administration was the first big tiger to. fall Luo Changping the deputy editor of the financial. magazine Caijing used his Sina Weibo account to accuse. 2014 Susan Trevaskes and Elisa Nessosi, Liu of faking his academic credentials taking kickbacks having. In September 2014 former a mistress and threatening to kill her. vice chairman of the National, Energy Administration Liu Liu denied the allegations But it seemed the authorities had. Tienan was dismissed from already placed him under investigation The following month. the Party for alledgedly, accepting 35 6 million yuan they detained his son for corrupt business dealings sacked Liu. in bribes from his official position in March 2013 and then arrested him in. Photo news 163 com, May along with his wife who was also allegedly part of his illicit.
schemes At his trial in September 2014 in Langfang Hebei the. prosecution accused Liu of taking 35 6 million yuan in bribes. He was dismissed from the Party but no sentence has been an. Gu Junshan, In March 2014 General Gu Junshan the former deputy head of. the PLA Logistics Department faced charges of bribery embez. zlement and abuse of power No further details were provided. but General Gu a farmer s son from Henan province had report. edly been at the heart of PLA corruption for many years collect. ing kickbacks from military contracts and presiding over a land. development racket, General Liu Yuan the Political Commissar of the Logis. In March 2014 General Gu, tics Department and the man in charge of cleaning up corruption Junshan faced charges of. in the department first tried to bring General Gu down in late bribery embezzlement and. abuse of power, 2011 At the time he encountered significant resistance accord Photo wenweipo com. ing to The New York Times, The fall of Gu Junshan exposed an even bigger tiger General Xu Caihou the Vice Chair.
man of the Central Military Commission CMC and son of factory workers from Liaoning. province It is alleged that the practice of buying and selling promotions was rife during. General Xu s term on the CMC which ended in 2013 Expelled from the Communist Party in. June 2014 the onetime Politburo member would face trial for taking bribes and abusing the. powers of his office although it was not certain he will face the courts as he is reportedly. critically ill with bladder cancer,Jiang Jiemin, In June 2014 the Party expelled Jiang Jiemin who until re. cently had been the chairman of China s largest state oil. company China National Petroleum Corporation from its. ranks From March 2013 Jiang had also been the director. of the state owned Assets Supervision and Administra. tion Commission the body that supervises China s largest. In June 2014 the Party expelled,government run businesses He was abruptly removed. Jiang Jiemin who was the chair, from both posts six months later and disappeared into the man of China s largest state oil. hands of investigators Four other senior oil executives Photo finance sina com cn. vanished along with him at the time of writing No charges. had been laid But it appeared that the investigations were. part of the preparation for the case that would be made. against the former Politburo Standing Committee mem. ber Zhou Yongkang for Jiang was one of Zhou s prominent. associates,Zhou Yongkang, Xi Jinping and the anti corruption investigators have ap. proached the biggest tiger of them all the first Politburo. Standing Committee member to face investigation in dec. ades with extreme caution The son of an eel fisherman. from Jiangsu province Zhou rose through the oil industry. to eventually take charge of China s security apparatus. including its law courts Anti corruption investigators first. detained several of his key allies including not only Jiang. Jiemin but also Li Chuncheng the former deputy,In July 2014 former Politburo.
party secretary of Sichuan and Li Dongsheng a Standing Committee member Zhou. Yongkang was investigated for,former deputy public security minister corruption. They then began detaining members of his family Photo polymerhk com. including his son Zhou Bin and his daughter in law. Huang Wan Finally in July 2014 state media formally. announced that Zhou himself was being investigated for. corruption Several state media editorials promised that. Zhou was far from the last tiger in the campaign s sights. 268 dagger handle of the Party This language implies a battle. a fight against corruption dissent and terrorism For the etymology of. the term see Chapter 4 Destiny s, CHINA STORY YEARBOOK The Sword of Discipline and the Dagger of Justice. Mixed Metaphors p 146ff,While the Party s leader wields. 2014 Susan Trevaskes and Elisa Nessosi,the metaphorical dagger in the. words of China s anti corruption,chief Wang Qishan the Discipline.
and Inspection Commission the,internal party agency that inves. Wang Qishan serves as Secretary of the Central Com. mission for Discipline Inspection and is the public tigates corrupt party members. face of Xi Jinping s anti corruption campaign,Photo gbtimes com. wields the Sword of Damocles,Tony Saich a scholar whose re. search focuses on Chinese politics and governance has labelled this the. most ambitious anti corruption campaign since at least Mao s days Some. Chinese commentators describe the goal in language reminiscent of the. Cultural Revolution to sweep away all monsters and demons. The use of Maoist rhetoric including terminology such as dag. ger handle may seem incongruent with rule of law thinking Mao after. all referred to the politico legal system as the tool of the proletarian dicta. torship The prominent Hangzhou born commentator Qian Gang direc. tor of the China Media Project at Hong Kong University was among those. analysts taken aback by Xi s use of Maoist terminology Qian distinguishes. between light red discourse such as the China Dream and harder core. deep red Maoist terminology noting A dagger handle is what greets us. when we open the door to 2014 This deep red metaphor informs Xi s. political approach to reform and indicates his determination to conquer. entrenched socio political problems left over from the time of Hu Jintao. who supported high speed economic growth at any cost. The Fourth Plenum s Rule of Law Ideology, Rule of law is now the Party s umbrella term that signifies its overall gov. ernance intentions for the next eight years The Xi Jinping leadership seeks. to build its legitimacy and to improve its legal system not by distancing the. Party from the affairs of the justice system but the very opposite This. clearly emerges from the resolutions issued after the Third and Fourth. Plenums of the Eighteenth Party Congress in respectively November 2013. and October 2014 Both documents reiterated Xi Jinping s focus on the rule. of law and the re invigoration of the authority of the Party in Beijing. The Party will enhance its oversight of legal and governmental insti. tutions so that they operate within a tight Rule of Law Framework. as Premier Li Keqiang puts it and implement policy from the. top down The Resolution of the Party s Fourth Plenum CCP Central Com. mittee Decision Concerning Some Major Questions on Comprehensively. Advancing the Country in Accordance with the Law issued on 28 October. 2014 states that the Party s supremacy and socialist rule of law are com. patible In fact the document insists, that the Party will now implement its leadership role through the rule of.
Rule of law discourse also has an important ideological role to play. The Party intends it to guide both the thoughts and behaviour of the citi. zenry and their political masters alike To this end the Resolution intro. duces the idea of integrating two principles of governance ruling the na. tion in accord with the law and ruling the nation in accord with. virtue The latter intends to foster a sense of morality in Chinese. The Sword of Discipline and the Dagger of Justice Susan Trevaskes and Elisa Nessosi 264 265 At the height of its use in the mid to late 2000s and as discussed in previ ous China Story Yearbooks the weiwen program gave local courts consid erable flexibility in resolving civil and administrative disputes encour

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