People's Congress Research Articles

A holistic approach to creating a new yangtze river basin protection legislation

The protection of the Yangtze River Basin is a top priority in China, and the National People's Congress (NPC) Standing Committee has started to draft a new protection legislation specifically for the Yangtze River Basin. The Basin forms the epicenter of environmental, social, and economic life. Any efforts to protect the Basin must accommodate several competing interests from a multiplicity of interested parties and stakeholders such as local governments, villages, and business enterprises. Current relevant institutions and organizations are unable to sufficiently ensure environmental protection and green development in the Basin. The NPC Standing Committee must thus adopt a more holistic approach when creating new protection legislations aimed at the Yangtze River Basin.

Criminal Liability of Legal Entities in China: Traditional Approaches and Modern Choices

Crime committed by a legal entity is an unavoidable social phenomenon in the process of modern socio-economic development in different countries of the world. The crime of a legal entity in modern Chinese criminal law is called a corporate crime. Since the establishment of the people's Republic of China until 1979, only the criminal liability of individuals has been recognized in the field of Chinese criminal law and criminal law theory. Corporate criminal responsibility in the People's Republic of China was established in a completely new historical context: with the development of the commodity economy and market economy in the new China, corporate crimes appeared in public life and gradually spread in the middle and second half of the 1980s, so that regulation through laws became a requirement for the Chinese society to function normally. In this social context, the Standing Committee of the All-China People's Congress has passed a number of laws that provide for corporate crimes. Before the Criminal Code of the People's Republic of China came into force of in 1997, corporate crimes already accounted for about one third of all offences stipulated in specific criminal and non-criminal laws, which lead to the final establishment of corporate criminal responsibility in the new Criminal Code of China. The author analyzes the problem of criminal liability for corporate crimes in the criminal law of the People's Republic of China from the standpoint of traditional theory, as well as predicts the appropriate trends in the future development of theoretical approaches to bringing legal entities to criminal responsibility in a risk society. According to the author, in a risk society, effective prevention of risks in the activities of legal entities is inseparable from the efforts of legal entities themselves, and criminal law, as one of the tools for risk distribution, is aimed primarily not at punishment, but at increasing the motivation of legal entities to achieve this.

Sports Injury In China School Environment: A Policy Study

PURPOSE: The frequent incidents of sports injuries in Chinese schools have seriously jeopardized the physical and mental health of students. The economic and legal disputes are so frequent that many schools reduced or limited their students' physical activities (PA). Therefore, this study aimed to collect and research the Chinese school sports injury policy from 1949 to 2019, and provide reference for the formulation and improvement of relevant policies in the future. METHODS: We searched historical documents, searched government websites, Baidu, Google, other search engines, and CNKI, VIP, other scientific research databases, to collect and sort out the policy documents related to sports injuries in China. The searched data were collated and analyzed in chronological order and the department category of the issued documents. RESULTS: Together, there are 11 policy documents about the school sports injuries were issued in China, only one of them Interim Measures for Risk Prevention and Control of School Sports issued by the Chinese Ministry of Education in 2015 is a policy document specifically aimed at school sports injuries in China. Other more related documents are Interim Provisions on Health Work in Schools (Draft)(1976,1980), Regulations on Student Health Work(1990), Regulations on the Handling of Student Injury Accidents Law(2002), and Tort Liability Law(2009), etc., At the same time, some provincial people's congresses in China have also issued policies related to campus sports injuries, such as Jiangsu Province (2006), Shanghai (2011), Guizhou Province (2014), Jiangxi Province (2015) and Hunan Province (2018), etc., which have successively issued some policies, some items in these policies are related to school sports injuries. Because there is not a report system for sports injuries of students, and no information communication channels between schools and hospitals and clinics, there is a lack of statistical data related to sports injuries in schools in China. CONCLUSIONS: A great improvement is urgently needed for China’s school sports injury policy, and the lack of reporting system and statistical data on school sports injury made the policy developed untargeted and ineffective. Urgent actions are needed to address these barriers so that school sport-related injury can be better prevented.

FINANCIAL AND ECONOMIC SYSTEM OF YEMEN: IS RECOVERY POSSIBLE?

The regional war in Yemen (the Republic of Yemen) began on the 26th March 2015 in the result of the military intervention of the Arabic coalition headed by Saudi Arabia. Nearly all the northern part of the the country is under control of the alliance with the participation of the former ruling party “Yemeni General People's Congress” and Houthi rebellions from the Shiite movement Ansar Allah. In August 2019 the southern part of the country loyal to the coalition was threatened by disintegration as a result of expulsion of the structures of internationally recognized President A.M. Hadi, living in Riyadh since the beginning of the conflict, from the temporary capital Aden by forces of the pro-Emirates group headed by the Southern Transition Council.
 The war did not solve any domestic problems of Yemen caused by a massive peaceful protest in all parts of the country split by the crisis in 2011, disrupted the international plan of the peaceful solution to the crisis under United Nations auspices, which started in November 2011, and de facto worsened the split of Yemen, which appeared on the map of Arabia only in 1990 in the result of merging two previously existing sovereign republics – the Yemen Arab Republic and People's Democratic Republic of Yemen.
 According to the announcements of the UN, currently the country goes through the hardest humanitarian crisis in the world. The military actions devastated the economy of the country, almost entirely ruined the infrastructure and lead to the absence of food security. The UN estimated that in 2019 nearly 24.1 million people (80% of the population) were exposed to the risk of famine and diseases. In the result of the absence of sanitary conditions and vaccination of the population, the country faces large-scale disease outbreaks, such as cholera, diphtheria, measles and fever.
 In addition, analysts estimate that more than 40% of Yemeni families lost their main source of income, consequently, it is quite difficult for them to by goods included in the minimum consumer basket. Poverty is getting worse: before the crisis it affected nearly half of the population, and currently it affects about 80% of Yemenis.
 In the result of the inflation, the value of the national currency threefold dropped. Besides, the humanitarian crisis worsened, and failure in the operation of the facilities of the national infrastructure and financial institutions significantly influenced the activity of business society, especially small and medium-sized businesses.
 The military conflict in Yemen disrupted the social and economic activity both of individual institutions and of the state as a whole. In the hard situation is found the revenue part of the budget, whose main source of income was export of hydrocarbons. Financial losses from oil revenues resulted in severe shortage of the national currency and plummeting of state revenue. The aforementioned factors in combination with the fragmentation of the public institutions, including the Central Bank of Yemen, resulted in stopping flow of foreign currency for essential imports and payment of salaries in the public sector, which led to the growth of inflation and worsening humanitarian crisis.

Executive financial literacy and firm innovation in China

Based on data collected from original surveys on China's small and medium-sized enterprises, this paper examines the relationship between executive financial literacy and firm innovation from both theoretical and empirical perspectives. We design a theoretical model of executive financial literacy and firm innovation. After controlling for individual and firm variables, we find that the executive financial literacy can significantly improve firm innovation. We use an instrumental variable approach to overcome potential endogeneity issues associated with executive financial literacy. We find that the conclusion above is robust and reliable. Executive financial literacy has a more significant impact on firms with low leverage ratios and firms lacking a chairman with experience as a deputy to the People's Congress. The results show that executive financial literacy can promote firm innovation by alleviating financing constraints and improving risk management. The paper provides policy implications for stimulating the innovation and creativity of firms as well as the whole society.

Interpretation of the Decision of the Standing Committee of the National People's Congress of China to Abolish the Bad Habit of Consuming Wildlife Mindlessly

espanolCon el objetivo de eliminar el riesgo de una potencial propagacion de enfermedades entre personas y fauna silvestre, y salvaguardar la seguridad de la salud publica de la sociedad, asi como mantener el equilibrio ecologico, el Comite Permanente del Congreso Nacional del Pueblo de China aprobo, en febrero de 2020, la decision de abolir el mal habito de consumir fauna silvestre irresponsablemente, que establece el alcance de la prohibicion, las sanciones, la importancia del ganado y las aves de corral comestibles, las condiciones especiales y las medidas de utilizacion no comestible de animales silvestres, etc. La “Decision” refleja una actitud legislativa practica y realista: no solo elimina los malos habitos, sino que tambien proporciona las condiciones especiales para la cria en cautividad, que salvaguardan la estabilidad economica. Se adopta el metodo de combinar la Lista Negra y la Lista Blanca para delimitar la barrera entre ilegal y legal. Se construye todo el conjunto de normas juridicas, que establecen las responsabilidades frente a conductas ilicitas, y que constituyen los “pilares” de la ley que entro en vigor. EnglishIn order to eliminate the risk of potential disease spreading between people and wildlife, and to safeguard public health security of the society, as well as to maintain the ecological balance, the Standing Committee of the National People's Congress of China passed the decision to abolish the bad habit of consuming wildlife mindlessly in February 2020, which stipulated the scope of the fasting, measures of punishment, scope of edible livestock and poultry, and the special conditions and approval measures of non-edible utilization of wild animals, etc. The “Decision” reflects the practical and realistic legislative attitude: it not only eliminates the bad habits, but also provides the provisions of special conditions for captive breeding, which safeguard the basic stability of the economy. The method of combining Blacklist and Whitelist is adopted to delimit the boundary between illegal and legal. The whole chain of legal norms is constructed, which stipulated the applicable or suggested applicable legal liabilities for illegal acts and served as the “talons” of the law that brought it into play.

Governance edging out representation? Explaining the imbalanced functions of China’s people’s congress system

In theory, representation is the primary function of the people’s congresses. In practice, under China’s party-state system, the ruling party imposes specific governance tasks on the congresses with the effect that the representative function of the People’s Congress System has largely given way to its governance functions. The uneven practice of these functions has left the System facing a serious representation deficit. Based on a careful analysis of historical archives and findings from interviews and observations, this paper examines the causes and repercussions of the imbalanced functions of the People’s Congress System. By proposing a Monitoring and Adaptation Model, we adopt a historical perspective to reexamine the interplay between the people’s congresses and the ruling party, arguing that the imbalanced functions of the People’s Congress System result from the interplay between Party monitoring and the corresponding adaptations of the people’s congresses. The Party, to bolster its governing performance, has introduced an array of institutional arrangements to have the people’s congresses fulfill specific governance tasks. However, the people’s congresses have gained a measure of autonomy thanks to their organizational growth and institutionalization, changes to the makeup of deputies, and significant efforts by certain leaders since the end of the Cultural Revolution. Although they are expected to take on the governance functions assigned by the ruling party, the people’s congresses thus enjoy greater leeway to carry out their functions selectively with an eye to improving their standing and relevance in China’s political system. Ironically, the fact that the people’s congresses prioritize their governance functions and that the overall performance of the party-state system gains consistent improvement may have warded off a potential representation crisis as the weak representativeness of the People’s Congress System would otherwise predict. Abbreviations: PCS: The People's Congress System; CPC: The Communist Party of China; The “M&A model”: The Monitoring and Adaptation Model; NPC: National People's Congress; LPCs: Local People's Congresses; CPPCC: The Chinese People's Political Consultative Conference

Proscribing the “Spiritually Japanese”: Nationalist Indignation, Authoritarian Responsiveness and Regime Legitimation in China Today

AbstractIn spring 2018 China, indignant popular nationalists demanded that the “spiritually Japanese” activities of a fringe group of young Chinese who figure themselves as Japanese be proscribed. The National People's Congress quickly complied, passing legislation that made it illegal to “beautify the war of invasion.” Exploring how and why the Chinese Communist Party (CCP) responded to the demands of popular nationalists, we suggest that authoritarian representation occurs in China even beyond the bounds of everyday apolitical issues like education and healthcare. Indeed, because the CCP relies upon a nationalist claim to legitimate rule, authoritarian legislators may respond to the public on politically sensitive issues like nationalism as well. Journalists and lawyers, furthermore, can play a vital mediating role between elites and masses, facilitating the transmission of the information and expertise needed for authoritarian responsiveness. Implications for our understanding of Chinese nationalism, authoritarian responsiveness and state legitimation in China today are discussed.

FREEDOM IN HANDCUFFS: RELIGIOUS FREEDOM IN THE CONSTITUTION OF CHINA

AbstractArticle 36 of the Chinese Constitution tells only part of the story about religious freedom in China. The Chinese constitution establishes five restrictions on the religious freedom described in Article 36. First, the Chinese Constitution establishes state atheism as an official ideology. All Chinese citizens, whether religious believers or not, are required to be educated in Marxist ideology and under the leadership of the Chinese Communist Party. Second, religious freedom, along with other rights in the Chinese Constitution, are merely legal rights, rather than fundamental rights. The National People's Congress can therefore pass legislation limiting individuals’ religious freedom. Third, the Chinese Constitution enumerates basic obligations of citizens that limit religious freedom. Fourth, Article 36 protects only the inner freedom of religious belief, not freedom for religious practice. Finally, the second half of Article 36 places limitations on religious practices. Religious freedom in the Chinese Constitution is thus a highly limited freedom. To improve religious freedom protections in China it is necessary to amend the Constitution rather than simply promote full implementation in its current form.

China's new public health constitution: a cause for hope?

On Dec 28, 2019, the Standing Committee of the National People's Congress of China enacted the landmark Basic Healthcare and Health Promotion Law after 2 years of drafting. The law, set to be implemented on June 1, 2020, is in many ways a de facto constitutional charter for public health, guiding health policy and development in the next decade and beyond. It is not without grim irony that this new statute emerged simultaneously with the outbreak of the 2019 novel coronavirus disease (COVID-19) in Wuhan. The massive global attention to COVID-19 should not divert us from the potential consequences of this law as a major determinant of health, setting up legal rules and frameworks affecting the underlying socioeconomic causes of disease and injury.1Gostin LO Monahan JT Kaldor J et al.The legal determinants of health: harnessing the power of law for global health and sustainable development.Lancet. 2019; 393: 1857-1910Summary Full Text Full Text PDF PubMed Scopus (116) Google Scholar One of the most important purposes of this law is to implement the Healthy China 2030 initiative, promulgated in October, 2016, by the Chinese Government, to push ahead China's ambition to hit key health indicators by the year 2030. The authorities' eagerness to legislate aspects of the initiative into a code of law reflects a general commitment, since the beginning of the reform era in 1978, to the proposition that law is among the most indispensable and effective instruments for managing China's demographically diverse, vastly complex society, and enforcing the policy preferences of the political centre against local public and private actors.2Zhang T Ginsburg T China's turn toward law.VA J Int Law. 2019; 59: 277-361Google Scholar The law contains 110 provisions over 10 chapters, and covers topics such as basic health-care services, medical and health institutions and their personnel, drug supply, health promotion, and financing. Article 4 broke new ground by recognising a “right to health”, which is nowhere mentioned in the current Chinese Constitution, as a “citizen's right” to be upheld by both state and society; this recognition could pave the way for the incorporation of the right to health into the Constitution. This right, according to Article 5, is defined as the concrete entitlement of citizens to enjoy “basic healthcare services” offered by state and society in relation to disease prevention, diagnosis, treatment, nursing, and rehabilitation. Article 6 designates the health of populations as a priority consideration for every level of government. Article 15 mandates that “basic public health services” are to be provided by the state free of charge, and—according to Article 16—to enhance the prevention and control of diseases. Article 19 obligates the state to establish a comprehensive public health emergency system and organise preparedness efforts. Article 20 mandates the creation of a system of infectious disease prevention and control that emphasises early prevention, which obligates individuals and groups to comply with isolation, treatment, and medical observation measures. According to Article 21, the state is to implement a policy of preventive vaccination, and submission to it by residents is framed as both a right and an obligation. Articles 22–28 cover the control and management of non-communicable diseases, consolidation of occupational health, protection of children and women, the health of the elderly and people with disability, delivery of first-aid services, and the development of public mental health. For all its symbolic boldness, the law is unlikely to revolutionise public health in China overnight. The wording of many of its provisions is ambiguous, featuring abstract principles rather than concrete and practical rules. Many of the Articles cannot be operationalised without elaboration by regulatory agencies associated with the State Council and by the judicial interpretations of the Supreme People's Court, both of which are likely to encounter difficulties of implementation in face of potentially contradictory directives decreed by local authorities, pursuant to the exercise of legitimate rulemaking powers under Article 108. The courts as potential enforcers of the law received scant and at best implicit attention from the text. Interestingly, Article 97 calls on private citizens and organisations to undertake the “social supervision” or civic oversight of public health institutions by submitting complaints to the competent bureaucratic authorities. Freedom of speech is prerequisite for “social supervision” to be meaningful, but the credibility of this freedom has been challenged in many parts of the country, in particular after a Wuhan ophthalmologist died of COVID-19 on Feb 7, 2020—one of earliest whistle-blowers of the novel coronavirus who was silenced by the authorities. There is little hope for the law to take full effect without momentous modifications in the broader Chinese legal and political systems. I declare no competing interests.

Agriculture Green Development: a model for China and the world

Realizing sustainable has become a global priority. This holds, in particular, for agriculture. Recently, the United Nations launched the Sustainable Development Goals (SDGs), and the Nineteenth National People's Congress has delivered a national strategy for sustainable in China-realizing development. The overall objective of Agriculture Green Development (AGD) is to coordinate green with development to realize the transformation of current agriculture with high resource consumption and high environmental costs into a agriculture and countryside with high productivity, high resource use efficiency and low environmental impact. This is a formidable task, requiring joint efforts of government, farmers, industry, educators and researchers. The innovative concept for AGD will focus on reconstructing the whole crop-animal production and food production-consumption system, with the emphasis on high thresholds for environmental standards and food quality as well as enhanced human well-being. This paper addresses the significance, challenges, framework, pathways and potential solutions for realizing AGD in China, and highlights the potential changes that will lead to a more sustainable agriculture in the future. Proposals include interdisciplinary innovations, whole food chain improvement and regional solutions. The implementation of AGD in China will provide important implications for the countries in developmental transition, and contribute to global sustainable development.

An old Soviet response and a revolutionary context: Dealing with the national question in the committees of the USSR Congress of People’s Deputies (1989–1991)

The article deals with the parliamentary representation of ethnic/national interests and demands in the crisis years between 1989 and 1991, culminating in the collapse of the Soviet Union. It focuses primarily on the proliferation of committees dealing with ethnonational questions after the creation of the USSR Congress of People’s Deputies, a parliamentary body that existed from 1989 until 1991. The article shows that the new parliamentary architecture was not only the inevitable consequence of social and national mobilization but also an expression of the Union center’s response to the ongoing national crisis. Building mostly upon unpublished archival material, the article focuses on debates in 1989–1991 within the Committee of Nationalities Affairs and Interethnic Issues of the USSR Supreme Soviet. In so doing, it identifies some of the dilemmas the committee faced and some of the changes in its functioning brought about glasnost and perestroika. The article makes two key contributions. First, it helps to shed much-needed light on Soviet nationalities policy during perestroika. Second, the analysis of debates internal to parliamentary committees in those critical years contributes to the existing literature on Soviet and Russian parliamentarism and institutional transformation during the transition from the USSR to the Russian Federation.

Discussion on the Formulation of Government Public Management Mechanism in Rural Tourism Development

In recent years, with the continuous improvement of people's living standards, more and more people choose rural leisure tourism to relax, which temporarily helps them escape from the stress of busy work. General Secretary Xi Jinping emphasized while attending the discussion of the 19th National People's Congress of Guizhou Province that it is not only necessary to encourage the development of country farmhouses, but also shall analyze and forecast rural tourism, and develop measures in advance to ensure the sustainable development of rural tourism. As a new emerging tourism project, rural tourism has been being accepted by all kinds of people. The prosperous development of rural tourism can not only effectively promote the development of rural economy and win the battle against poverty, but also is beneficial to the overall development between urban and rural areas. However, due to a lack of policy support and adequate public management during the development of rural tourism, the development of rural tourism in many areas has shown a disorganized state. In this paper, it analyzes the formulation of the government's public management mechanism in the current rural tourism development process, which will effectively improve the quality of rural tourism development, give a full play to the government's public management functions, and ensure stable development of the rural tourism industry.

Local Economic Development and the Performance of Municipal People’s Congress Deputies in China: an Explanation for Regional Variation

Recent research has revealed the importance of China’s People Congress deputies for authoritarian resilience and explained the historical and individual variations in their behaviors, but the regional variation in the performance of deputies among different local congresses still has not been explored. Based on an original dataset of Municipal People’s Congresses across China, this article illustrates that the variation in the deputy activity of local congresses is mainly caused by the uneven development of the local economy. The results of different statistical models all show that the per capita numbers of deputy proposals of congresses are higher in the regions with larger GDP per capita. The study provides a new explanation for the behaviors of People’s Congress deputies in China and contributes to the research on the performance of subnational authoritarian parliaments.

On Working System of People's Congress

On Working System of People's Congress

Affective registers of postcolonial crisis: the Kampala Tank Hill party

AbstractA drinking party in 1963 precipitated a crisis over newly independent Uganda's sovereignty and the respectability of a new postcolonial ruling elite. Under Kampala's multiracial veneer in the early 1960s lurked bawdy British youth culture and radical African youth politics. When Europeans at a party in the elite suburb of Tank Hill allegedly mocked African aspirations for urban respectability and political sovereignty, UPC (Uganda Peoples Congress) Youth Wing activists used the affair to elicit public expressions of anger at the collusion of conservative politicians and racist former colonizers. Prime Minister Milton Obote attempted to channel that anger into nationalist unity but soon found common cause with British diplomats in expelling intemperate youth from Uganda's governing bureaucracy. The affair points to both the power and the limits of the affective politics of decolonization as well as the relationship between youth wings and the politics of respectability in early postcolonial Africa.

The changing trend of capacity on policy implementation related to the prevention and control of chronic non-communicable disease at the provincial level, from 2011 to 2017

Objective: To assess the follow-up situstion and changes of policies related to the prevention and control on chronic non-communicable diseases (NCDs), in various provinces from 2011 to 2017. Methods: Three national assessment programs on the prevention and control capacity of NCDs were carried out from September 2012 to March 2013, September 2014 to March 2015, and July to November 2018 respectively. Data related to the capacity on policy implementation among the 31 provinces, autonomous regions, municipality directly under the central government and Xinjiang Production and Construction Corps, were collected through online surveys. Results: The rate of data collection in all the provinces reached 100%, for all three surveys. In 2011, 2013, and 2017, the capacity for policy development special funding was distributed for prevention and control NCDs under the provincial fiscal revenue by 27 provinces (84.4%), 26 provinces (81.3%) and 25 provinces (78.1%), and the numbers of provincial governments leaders attended the local activities related to prevention and control NCDs was 15 (46.9%), 13 (40.6%) and 19(59.4%), respectively. From 2009 to 2011, 14 (43.8%) proposals related to the topics on prevention and control of NCDs, were raised at the provincial People's Congress and Political Consultative Conference, while from 2011 to 2013 and2014 to 2017, 13 (40.6%) and 12 (37.5%) were respectively raised. In terms of capacity for policy development, numbers of provincial comprehensive plan which targeting prevention and control of NCDs reached 6 (18.8%), 20 (62.5%) and 27 (84.4%) in 2011, 2013, and 2017 respectively. In 2011, 2013 and 2017, numbers of provincial special plans that targeting on NCDs or the risk factors of NCDs prevention and control were 0, 1, and 3, respectively. Conclusions: Under the continuous introduction of international and national policies related to prevention and control on NCDs, capacity for policy formulation in various provinces has been greatly improved. However, a slight progress has been made in the capacity for policy making. The increase of capacity building on policy making regarding prevention and control of NCDs, at the provincial government level, has become a key issue.

The impact of public appeals on the performance of environmental governance in China: A perspective of provincial panel data

Members of the public may express their desire for environmental improvements and achieve results through varying methods. To achieve change, such things as Google Index, the number of incoming letters, the number of visitors, the proposals of the National People's Congress and the motions of the Chinese People's Political Consultative Conference all play a role. However, studies which theoretically analyze the relationship between public appeals and environmental improvement are relatively scarce. For this reason, this paper uses provincial panel data from 2004 to 2014 to analyze the impact of public appeals on the performance of environmental governance. The results show that, the stronger the public appeals for environmental issues, the greater the government's control over the handling of environmental pollution. In areas with serious environmental pollution problems, including Shanxi and Hebei, the public voice is relatively strong. The impact of the Google index on environmental improvement in central China is stronger than in eastern and western China. By re-measuring the explanatory variables with the number of incoming letters, the number of visitors, the proposals of the National People's Congress and the motions of the Chinese People's Political Consultative Conference, we have discovered that the appeals of ordinary people can have the same impact on environmental improvement as those of social elites.

Perspective of the Legal Basis of NPC’s Discussion and Decision-making Power on Major Issues

The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws. However, in practice, the implementation of the power of deliberation of major issues by local people's congresses is worrying. By applying the theory of Chinese traditionalism and unity in the theory of law, the theory of “sovereignty in the people” in the social contract theory of Western natural law school, Austin's “legal command theory” in Western positivist law and Hart's “recognition” “Rules theory” to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution. At the same time, the existence and operation of the law always reflects the development of the political system. The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system, and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.

The long shadow: Social mobility and political participation in urban China, 2006–2012

Using a diagonal reference model to analyze data from three waves of Chinese General Social Surveys conducted between 2006 and 2012, we examine how social mobility affects political participation in urban China. We classify political participation into three main categories: voting participation (grassroots elections in the People's Congress and neighborhood committees); voluntary participation (civic activities in social organizations and NGOs); and mixed participation (activities in state corporatism organizations). Our findings demonstrate that there is an asymmetry effect of social mobility in voluntary participation in which the upwardly mobile tend to adapt more to their destinations, while the downwardly mobile tend to adhere more to their origins. But in both voting and mixed participation, political behaviors are more influenced by destination effect. These findings suggest that despite increased civic engagement in NGOs and nonprofit organizations as a mode of voluntary participation, identification with the party apparatus still remains an important factor in explaining the political behaviors of the upwardly mobile in China. When people rise in class status, they tend to be more politically conservative and to build alliances with state agencies by participating in party-sponsored political initiatives.