《JUSTICE AND POLITICS IN PEOPLE'S CHINA:LEGAL ORDER OF CONTINUING REUOLUTION?》求取 ⇩

Part One. Historical Background and Current Issues in the Development of Chinese Justice and Society1

1. Problems of Understanding Socialist Legality: Dialectic Themes in Chinese Development and the Trial of the Gang of Four3

The Waiting Obligation of Radical Criminology3

Misunderstanding China: Five Generations of Scholarly Inquiry5

Method and Perspective11

Unifying Themes: the Dialectics of China's Two Judicial Traditions and Contradictions in State, Community and Economy12

Thought Reform, the Confucian Heritage and Rectification21

The Trial of the Gang of Four—Echoes of a Political-Legal Contest24

Note30

2. The Imperial Tradition and its Collapse31

China's Two Governments and Changing Class Relations31

Confucian Thought and the Relativity of Law34

Imperial Justice: the Benign Brutality of Confucian Order35

Private Justice in the Shadow of Imperial Neglect37

Social Consequences of Western Invasion and Over-population39

3. The Era of the Chinese Republic (1911-49)41

The End of the Empire and the Evolution of Private Government41

Republican Justice: Reform and Repression amid Civil War47

The 1922 Coup and Chinese Fascism52

Part Two. The Dialectical Path of Justice in the People's Republic of China55

4. Popular Revolution and the Creation of People's fustice57

Communist Strategy before Mao57

Mass Line, Elite Line and Revolutionary Politics59

From Private Government to Mass Mobilization62

Land Reform: Mass Action and Social Justice65

Civil War Justice and Crimes among the People67

The Beginnings of Law and Bureaucracy69

5. Liberation: Class Struggle and Reconstruction74

Mass Organizations, Mass Campaigns74

Post-War Land Reform: a Conflict of Lines and Classes (1949-51)80

Suppression of Counter-revolutionaries (First Campaign 1949-52)83

The"Five Antis" Campaign (1951-52)94

Street Crime and Liberation Justice99

The "Three Antis" Campaign (1951-52)101

Judicial Reform (1952-53)106

6. The Constitutional Movement and the Drive to Professionalism113

The Political Economy of Industrialization113

The 1954 Constitution and the Structure of Professional Justice119

The Regulation and Control of Popular Justice124

The Uneasy Calm and the Eighth Party Congress130

Rectification and the Sound of One Hundred Flowers136

7. The Great Leap Forward and Back145

The Anti-Rightist Movement145

Handling Contradictions through Continuous Revolution: Strategy of the Great Leap150

Big City Chauvinism and the Rural Communes153

The Urban Communes and the Struggle with Materialism157

Professional Justice under the Great Leap158

The Revival of Popular Justice165

The First Failures and the Maoist Reaction169

Continuing Crises and the New Conservatism173

8. Cultural Revolution and the Limits of Populism180

Socialist Education and the Renewal of Popular Politics181

Cultural Revolution: the Seizure of Power192

Factional Conflicts, Royalist Resistance and Intervention by the Army203

Reform and Recovery in Government, Justice and Mass Organizations210

The Looming Problem of Succession: Political Antagonists on the Eve of Mao Tse-tung's Death220

9. Judicial Policy and Political Contest in Post-Mao China: Recapitulations and Conclusions222

Chinese Conflicts and Western Sympathies224

The Two Line Struggle as History and Ideology225

Political Contest and Judicial Policy231

Attack from the Right and the New Legal Order as a Political Weapon235

Revisionist Economics, International Capital and the Role of Law240

Legitimizing the New State and the Promise of "Individual Rights"242

Reflections on the Role of Law and Implications for China's Future244

References248

List of Abbreviations cited in the Text248

Chinese and Western Reference Sources250

Subject Index264