Legalization Without Institutionalization: Governing the Chinese Civil Society

• In Event: New Perspectives on Chinese Politics

Abstract

This research utilizes interview data with 63 government officials and CSO leaders in Sichuan, China and traces the development and investigates the contents of several newly drafted laws, and compare the 2016 charity law and the draft 2016 social group registration rules that accompany it with the 2016 foreign NGO law. This research reveals how an authoritarian country such as China manages sudden new developments within the society, such as the explosion of CSOs after the earthquakes, and legalizes the rules regarding the new phenomenon. An initial “zone of indifference” was created so that seemingly regime-supporting activities, even with illegal status, were tolerated. The state would use this period to get to know better of the phenomenon while occasionally exercise its power to make sure the “zone of indifference” is still under control. Once the adaptive state manages to understand the key players and benefit & cost different types of players could generate, it will start to enforce existing laws or create new laws to enforce to extract productivity from and outsource responsibility to the regime-supporting players, and drive out the regime challenging ones. The regime-supporting players may also create symbiotic relationships with the state and facilitate the shaping of good behaviors of more players, “from point to surface.” Similar strategies had been utilized since the beginning of the reform and opening era towards different players and economic models. The policy experimentation within the society, rather than the economy, is documented in this research. Such legalization process is very different from the “rule of law” approach which stipulates legislations first before enactment. What we see the Chinese government do within the society is experimenting with CSOs, mostly illegal, with managed risk and opportunities, and then legalize based on the state’s preferences.

Author

• Taiyi Sun, Christopher Newport University