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Speculations on Law and Society in Modern China



             It is not easy to view China objectively. The Chinese have struggled with it themselves. But it is even more daunting when the viewer is from the United States. This is not the time or place to attempt to deconstruct the relationship of the United States and China; it can be summarized simply as one of contradiction and confusion. In the post-1949 era, China has shifted roles frequently and dramatically. In the past six decades, China has progressed through a dizzying series of identities. It transitioned from a partnership with the Soviet Union in the Communist bloc, to a role as a rogue nation of Maoist political zealots who sought total isolation from the developed nations of the international community. In the post-Mao years, China quickly became a reformist socialist society that waivered between ideology and pragmatism. That quickly led to a commitment to economic development under the auspices of a politically autocratic state – all of this under the control of a political party that in 2010 calls itself "communist" but that encourages millionaires to join its ranks, and which espouses a market economy in a blend that no one quite knows what to call. At each stage in this cavalcade of "Chinas," one's view of Chinese law was deeply colored by the features of the evolving political landscape as it stood at that moment. Of course one's view was deeply prejudiced by one's position vis-à-vis the Cold War, one's feelings about Chairman Mao 毛主席 and the Little Red Book 毛主席語錄, one's reaction to the Tiananmen Square Incident 六四運動, and one's feelings about China as banker to the World. Indeed, the Chinese assessment of themselves has varied just as wildly over time. While there is a certain charm to the Chinese Communist Party's current judgment of Chairman Mao as "70% good and 30% bad; it underscores the enormous changes wrought in only recent years.


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