1. For a general survey of developments in this area, see Lubman, Stanley, “Emerging functions of formal legal institutions in China's modernization,” China Law Reporter, Vol. II, No. 4 (autumn 1983), pp. 195–266.Google Scholar

2. It would be impossible, for example, to understand the social significance of the words “due process” as used in the fifth and 14th amendments to the United States constitution without knowing who decides what process is “due,” how the decision is reached, and what the paradigmatic sets of circumstances are under which deprivations have historically been found – to say nothing of knowing why it has ever mattered.

3. W. J. F. Jenner writes that the Third Plenum of the 11th Central Committee and the preceding preparatory conference in which the Beijing Municipal Party Committee reversed its verdict on the Tiananmen Incident “gave a licence to virtually all the literary developments, both official and unofficial, that followed.” See his “1979: A new start for literature in China?”, The China Quarterly, No. 86 (06 1981), p. 278.Google Scholar

4. Whitehead, Alfred North, Science and the Modern World (Cambridge: Cambridge University Press, 1938), p. 5.Google Scholar

5. In one story which takes place in 1980, for example, young peasants are forbidden by the production brigade leader to sing local songs on the grounds that it will make them “lascivious” and “greatly interfere with planned parenthood work.” Hua, Gu, “Sizhuyuan genü”Google Scholar (“Songstresses of the bamboo garden”), in Hua, Gu, Gu Hua duanpian xiaoshuo ji (Collected Short Stories of Gu Hud) (Changsha: Hunan renmin chubanshe, 1982), p. 298.Google Scholar

6. Minzhu yu fazhi (Democracy and the Legal System), No. 6 (06 1983), p. 41.Google Scholar

7. Jide, Qian, “Hao Daren duanan” (“Hao Daren settles a case”), Xi hu (West Lake), No. 10 (10 1981), pp. 20–25.Google Scholar

8. See Zedong, Mao, Selected Works, Vol. I (Beijing: Foreign Languages Press, 1975), p. 33.Google Scholar

9. See, for example, an article by Xueyao, Qiu in Guangming ribao (Enlightenment Daily), 8 12 1981, p. 3Google Scholar: “When dealing with state workers who have committed crimes on the job, some comrades frequently use Party discipline or administrative discipline as a substitute for the legal code, as though crimes committed by cadres could be handled by Party discipline or administrative discipline as a substitute for the law. This is incorrect.”

10. Shishan, Zhang, “Juebing Han Baoshan” (“Han Baoshan the pickhandle”), in Bianjibu, Renmin Wenxue (ed.), 1980 nian quanguo youxiu duanpian xiaoshuo pingxuan huojiang zuopin ji (Collected National Award-Winning Short Stories of 1980) (Shanghai: Shanghai wenyi chubanshe, 1981), pp. 512–30.Google Scholar

11. Renmin ribao (People's Daily), 4 01 1983, p. 1.Google Scholar

12. Renmin ribao, 17 01 1983, p. 3.Google Scholar

13. Gong, Gu, “Bawanglong de mori” (“The last days of the tyrannosaurus”) Yan shan (Mount Yan), No. 1 (1981), pp. 4–26.Google Scholar

14. Runzi, Wang, “Hanye li de ku sheng” (“The sound of weeping on a cold night”), in Zhongguo Zuojia Xiehui Jiangxi Fenhui (ed.), Xiaoshuo nianjian (Short Story Yearbook), Vol. I (Nanchang: Jiangxi renmin chubanshe, 1981), pp. 272–82.Google Scholar

15. Dong, Li, Yungao, Wang, “Shenpan” (“Trial”), in Beijing lai de jianchaguan (The Procurator From Beijing) (Beijing: Qunzhong chubanshe, 1981), pp. 34–54.Google Scholar

16. Chaofu, Xu, “Chaoying” (“Shadow on the waves”), Zhong shan (Mount Zhong), No. 2 (1983), pp. 72–107.Google Scholar

17. Xiaoxing, Su. “Shizhu tongling” (“The pillar comes to life”), Hua xi (Flower Brook), No. 8 (1981), pp. 20–26.Google Scholar

18. Not representative, that is, among the Han. When socialism came to the Norsu people of the Sichuan-Yunnan border, the Central Committee directed that the living conditions and political status of the “slave-owners” (generally those with over nine slaves) should not be reduced as a result of reform. “[One official] cited a number of nobles occupying high positions: the county head and his deputies, members of the County People's Congress, vice-chairman of the Political Consultative Congress.” Winnington, Alan, The Slaves of the Cool Mountains (London: Lawrence and Wishart, 1959), p. 83.Google Scholar

19. Fu, Jing, “Cripple Chen and team leader Qiu,” Chinese Literature, No. 8 (08 1982), pp. 33–48Google Scholar; originally published in Yan he (Yon River), No. 1 (1982).Google Scholar

20. See Cornford, Francis M. (trans.), The Republic of Plato (London, Oxford, New York: Oxford University Press, 1945), p. xxix.Google Scholar

21. Karl Popper criticizes this “theory of (unchecked) sovereignty” in The Open Society and Its Enemies, Vol. I (London: Routledge and Regan Paul, 1966), Ch. 7.Google Scholar

22. “Chairman Mao's latest instructions,” Wenge tongxun (Cultural Revolution Bulletin), No. 1 (6 10 1967)Google Scholar, in Survey of the Chinese Mainland Press, No. 4060 (15 11 1967), p. 1.Google Scholar

23. Ibid.

24. Li-Yi-Zhe, , Guanyu shehuizhuyi de minzhu yu fazhi (On Socialist Democracy and Legality) (Hong Kong: Bibliotheque Asiatique, 1976), p. 94.Google Scholar

25. Ibid. p. 92. Strikingly similar is Cornford's version of Plato's problem: “How can the state be so ordered as to place effective control in the hands of men who [truly understand how to make society and the individual happy]?” Cornford, , The Republic of Plato, p. xxix.Google Scholar

26. Renmin ribao, 2 02 1983, p. 1.Google Scholar

27. Yu, Feng, “Erfen qian” (“Two cents”), Shi kan (Poetry), No. 12 (12 1979), p. 58.Google Scholar The translation is from Jenner, , “A new start for literature?” p. 298.Google Scholar

28. Jing, Wang, “Zai shehui de dang'an li” (“In the archives of society”), in Yi, Li (ed.), Zhongguo xin xieshizhuyi wenyi zuopin xuan (Selections From Chinese New Realist Literature) (Hong Kong: Qishi mandai zazhishe, 1980), pp. 160–81.Google Scholar This controversial screenplay was first published in Dianying chuangzuo (Film Creations), No. 10 (10 1979).Google Scholar

29. “Feitian” (“Angel”), by Ke, Liu, was originally published in Shi yue (October), No. 3 (1979)Google Scholar, and is reprinted in Yi, Li (ed.), Chinese New Realist Literature, pp. 136–59.Google Scholar The critical article, “Bokai yong xiangzhu bianzhi de miwu” (“Clear away the miasmal fog of incense and candles”), is by Jun, Tian and Rang, Liang, and appeared in Shidai de baogao (Repon of the Times), No. 2 (1980).Google Scholar The citation is from Qing, Yu, “Piping he liangwen de chi” (“Criticism and the yardstick for literature”), Shi yue (October), No. 1 (1981), p. 213.Google Scholar

30. Wright, Mary C., The Last Stand of Chinese Conservatism (Stanford: Stanford University Press, 1962), p. 145.Google Scholar

31. “In all types of control the quality of the local official was of prime importance.” Ibid. p. 126.

32. Mu, Qiu, “Weishenme li fa er nan yi xing?” (“Why is it that legislation is difficult to put into practice?”), Tansuo (Explorations), No. 4 (09 1979)Google Scholar, reprinted in Widor, Claude (ed.), Documents on the Chinese Democratic Movement 1978–1980: Unofficial Magazines and Wall Posters, Vol. I (Paris: Editions de L'Ecole des Hautes Etudes en Sciences Sociales/Hong Kong: The Observer Publishers, 1981), p. 175.Google Scholar

33. Xun, Zhou, “Whither the Democracy Wall?—also on socialist democracy,” Si-wu luntan (April 5th Forum), No. 8 (1 04 1979), p. 7Google Scholar, in Joint Publications Research Service (JPRS), China Report: Political, Sociological and Military Affairs, No. 8 (9 08 1979), p. 7.Google Scholar

34. Jianzhong, Sun, “Wo de laoshi he ta de airen” (“My teacher and her husband”), Furong (Lotus), No. 3 (1980), p. 103.Google Scholar

35. Tongyao, Lu, “Disange renying” (“The third shadow”), in Beijing lai de jianchaguan (The Procurator From Beijing) (Beijing: Qunzhong chubanshe, 1981), p. 110.Google Scholar

36. Ruxian, Ye, “Socialist democracy is the broadest form of democracy,” Nanfang ribao (Southern Daily), 27 06 1979, p. 3Google Scholar, in JPRS, China Report: Political, Sociological and Military Affairs, No. 13 (29 08 1979), p. 16.Google Scholar

37. Mingli, Han, Yuzhao, Guo, “Minzhu shi yizhong guojia zhidu – jian tan minzhu yu fazhi de guanxi” (“Democracy is a type of state system – also a discussion of the relationship between democracy and the legal system”), Faxue yanjiu (Studies in Law), No. 3 (1980), p. 6.Google Scholar In fact, neither method need be applied consistently to the same person, since the characterization of who one is changes with circumstances.

38. Yi, Zheng, “Miwu” (“Miasma”), Hua cheng (Flower City), No. 5 (1981), p. 70.Google Scholar The scene is based on an incident at Hunan Teachers' College in October 1980. Over 80 students went on a hunger strike to protest interference by college authorities in procedures for the election of four school delegates to the district people's congress. For a participant's account, see Benton, Gregor (ed.), Wild Lilies: Poisonous Weeds (London: Pluto Press, 1982), pp. 106–111.Google Scholar

39. Xinhua, Lu, “Biaoshu” (“Uncle”), Renmin wenxue (People's Literature), No. 4 (04 1980), pp. 106–107.Google Scholar

40. Zhongming, Wang, “Diyici xuanju” (“The first election”), Xi hu (West Lake), No. 4 (1981), p. 32.Google Scholar

41. Jingjia, Lin, “Xuanju” (“Election”), in Liu shui wanwan (The River Flows Curving) (Guangzhou: Hua cheng chubanshe, 1981), p. 217.Google Scholar

42. Shaowu, Xu, “Jianchazhang renxuan” (“Choosing the chief procurator”), Renmin wenxue (People's Literature), No. 8 (08 1979), p. 57.Google Scholar

43. Xiaosheng, Gao, “Li Shunda zao wu” (“Li Shunda builds a house”), in Bianjibu, Renmin Wenxue (ed.), 1979 nian quanguo youxiu duanpian xiaoshuo pingxuan huojiang zuopin ji (Collected National Award-Winning Short Stories of 1979) (Shanghai: Shanghai wenyi chubanshe, 1980), p. 130.Google Scholar

44. Hua, Ou, “Songstresses of the bamboo garden,” p. 356.Google Scholar

45. Yingfeng, Mo, “Laobaixing de jieri” (“The commoners' festival”), in Shucheng, Zhu (ed.), Mi hu wai zhuan (The Story of an Absent-Minded Man) (Changsha: Hunan renmin chubanshe, 1982), p. 82.Google Scholar

46. Shao-chuan Leng mentioned reports in 1968 of judgments rendered and sanctions imposed variously by “political and legal organs,” “organs of dictatorship,” “revolutionary committees,” “police-procuracy-court organs,” or “military control committees.” See his “The role of law in the People's Republic of China as reflecting Mao Tse-tung's influence,” Occasional Papers I Reprints Series in Contemporary Asian Studies, No. 5 (School of Law, University of Maryland, 1978), p. 5.Google Scholar

47. Zhongxi, Chen, “Xinren” (“Trust”), in Renmin Wenxue Bianjibu (ed.), Award-Winning Short Stories of 1979, p. 310.Google Scholar

48. This and a number of other laws mentioned here are conveniently collected in Gonganbu Zhengce Falü Yanjiushi (ed.), Gongan fagui huibian 1950–1979 (Compendium of Public Security Laws and Regulations 1950–1979) (Beijing: Qunzhong chubanshe, 1980).Google Scholar

49. Tiesheng, Gan, “Xiandaipai chaguan” (“The modernist teahouse”), Hua cheng (Flower City), No. 5 (1981), p. 115.Google Scholar

50. Lei, Lu, “Crimson clouds,” Chinese Literature, No. 8 (08 1982), p. 27.Google Scholar It is interesting to note that there was never any mention of calling in the police to deal with this “crime.” A curious recent case is that of the Beijing Medical College, where hooligans terrorized the campus for several days in March of 1983. Eventually the Youth League committee and the students' union sent a joint letter to Guangming ribao requesting the “relevant departments” (youguan humen) to apply “legal sanctions” (falü zhicai). Had the police refused to take action? Or were they not even called? It is a mystery – the letter contained no mention of the police whatsoever. See Guangming ribao, 30 03 1983, p. 1.Google Scholar

51. See the discussion of “Local lord” and “The procurator from Beijing” below.

52. Shiguang, He, “Guxiang shi” (“News of my native village”), in Shiguang, He, Guxiang shi (News of My Native Village) (Chengdu: Sichuan renmin chubanshe, 1982), pp. 203–30.Google Scholar The title is from a line of a poem by Wang Wei.

53. Hua, Gu, “Chuntian de huacong li”Google Scholar (“In spring flower clusters”), in Hua, Gu, Collected Short Stories, p. 292.Google Scholar

54. Binyan, Liu, “Ren yao zhi jian” (“Between man and demon”), in Meng, Wang, Kong, Chen et al. , Xiaoshuo qipa (Outstanding Short Stories) (Fuzhou: Fujian renmin chubanshe, 1981), p. 360.Google Scholar The story is translated by Feinerman, James V. under the title “People or monsters?” in Link, Perry (ed.), People or Monsters? and Other Stories and Reportage From China After Mao (Bloomington: Indiana University Press, 1983), pp. 11–68.Google Scholar

55. Binyan, Liu, “Between man and demon,” p. 361.Google Scholar

56. Hua, Gu, “Tudi ye” (Local lord”)Google Scholar, in Hua, Gu, Collected Short Stories, pp. 78–89.Google Scholar

57. Jide, Qian, “Hao Daren settles a case,” p. 24.Google Scholar

58. Dezhen, Su, Yanzhu, Li, Yangchun, Lan, “Beijing lai de jianchaguan” (“The procurator from Beijing”), in The Procurator From Beijing, pp. 1–33.Google Scholar

59. See “Hengshui diqu fangbian renmin ‘da guansi’” (“Hengshui prefecture makes it easier for the people to sue”), Renmin ribao, 1 02 1983, p. 3.Google Scholar

60. Shiguang, He, “Xiangchang shang”Google Scholar (“In the village street”), in Shiguang, He, News of My Native Village, p. 120.Google Scholar

61. Xiaoxing, Su, “The pillar comes to life,” p. 24.Google Scholar

62. See, for example, Luoji, Guo. “Ping suowei ‘xinnian weiji’” (“A comment on the so-called ‘crisis of faith’”), Wen hui pao (Wen Hui Daily), 13 01 1980, p. 5.Google Scholar

63. Meisner, Maurice, Marxism, Maoism and Utopianism (Madison, Wisconsin and London: University of Wisconsin Press, 1982), p. 238.Google Scholar

64. Renmin ribao, 19 01 1981, p. 1.Google Scholar

65. You, Li, “Dao zai meiguise de chenguang zhong” (“Fallen in the rosy light of dawn”), in You, Li, Chi ging (Infatuation) (Chengdu: Sichuan renmin chubanshe, 1981), p. 156.Google Scholar

66. Binyan, Liu, “Between man and demon,” p. 366.Google Scholar

67. Ibid. p. 367.

68. In “Li Shunda builds a house,” Gao Xiaosheng remarked, “‘All people can distinguish between right and wrong in their hearts’ (shi fei zhi xin, ren jie you zhi) – this [saying] sounds very grand. In fact, it never went through the Cultural Revolution – it's too naïve.” Xiaosheng, Gao, “Li Shunda builds a house,” p. 134.Google Scholar

69. He, Jin, “Chong feng” (“Second encounter”), in Renmin Wenxue Bianjibu (ed.), Award-Winning Short Stories of 1979, pp. 410–32.Google Scholar Other examples of this genre are Weixi, Cong, “Dishige dankong” (“The tenth bullethole”), in Weixi, Cong, Cong Weixi zhongpian xiaoshuo ji (Collected Novelettes of Cong Weixi) (Beijing: Zhongguo qingnian chubanshe, 1980), pp. 82–151Google Scholar; Xinwu, Liu, “Yin he” (“Milky Way”)Google Scholar, in Meng, Wang, Rong, Chen et al. , Outstanding Short Stories, pp. 77–101Google Scholar; and Tiesheng, Shi, “Xiongdi” (“Brothers”), in The River Flows Curving, pp. 107–115.Google Scholar

70. This image was frequently invoked to justify the elimination of the Four Great Freedoms from the most recent constitution.

71. Fu, Jing, “Cripple Chen and team leader Qiu,” p. 41.Google Scholar

72. Shiguang, He, “In the village street,” p. 121.Google Scholar

73. Xiaosheng, Gao, “Li Shunda builds a house,” p. 134.Google Scholar

74. Jingjia, Lin, “Election,” p. 217.Google Scholar

75. Beijing Review Vol. 26, No. 30 (25 07 1983), p. 18.Google Scholar

76. Shishan, Zhang, “Han Baoshan the pickhandle,” p. 515.Google Scholar

77. Xiaosheng, Gao, “Li Shunda builds a house,” p. 127.Google Scholar

78. A summary dismissal, based on this view, of all Chinese literature that fails to carry a ringing denunciation of Party tyranny is contained in Findlay, Ian, “A trail of literary corpses,” Far Eastern Economic Review, 21 07 1983, pp. 38–39.Google Scholar

79. Bertrand Russell had praised the Chinese after seeing porters who could laugh and smile in the midst of the most arduous toil. Lu commented, “If the porters had not been able to smile at those in the sedan chairs, China would long ago have left its present state.” Xun, Lu, Lu Xun quanji (Complete Works of Lu Xun) (Shanghai: Renmin wenxue chubanshe, 1981), p. 216.Google Scholar