Rowman & Littlefield Publishers
Pages: 276
•
Trim: 6⅜ x 9¼
978-1-4422-3616-5 • Hardback • March 2015 • $94.00 • (£72.00)
978-1-4422-3617-2 • eBook • March 2015 • $89.00 • (£68.00)
Scott Wilson is Alfred Walter Negley Professor of Politics, The University of the South.
Preface
List of Acronyms
List of Tables
1 Introduction: “Tigers without Teeth?”
Dilemmas of Rule of Law and Civil Society in Nondemocratic Regimes
Challenges to the Pursuit of Legal Justice
Why Study Environmental Pollution Victims and HIV/AIDS Carriers?
Linking Civil Society Development, Litigation, and Rule of Law
Understanding the Divergent State Responses to Looming Crises
A Look Ahead
Notes
2 State Management of Civil Society and the Judiciary
Contending Approaches to Chinese Civil Society
Civil Society and the Judiciary as Arenas of Contestation
Categories of Civil Society Organizations and Registration Rules
Sources of Civil Society Organization Autonomy
Regulatory Changes and Control over Civil Society Organizations
UNAIDS and the Rift with China’s State over the Global Fund
China’s Judiciary
Party and State Influence over the Courts
Sources of Judicial Autonomy
Civil Society and Reining in Cause Lawyers
Conclusion: China’s State in the Trenches
Notes
3 The Development of China’s Environmental and HIV/AIDS Crises
Institutions and Epidemics in China
Marketization and Globalization
Legislation and Stigmatization
Ministry of Health
The Spread of HIV/AIDS in China
Institutional Origins of China’s Environmental Crisis
Environmental Regulations
Economic Institutions
The Environmental Protection Bureaucracy 7
China’s Environmental Decline 7
The Mao Era (1949–1978) 7
The Post-Mao Era (1978–Present)
Conclusion: Institutional Origins and Responses to Crises
Notes
4 Civil Society Responses to HIV/AIDS and Environmental Pollution
The Development of HIV/AIDS Organizations
SARS Crisis
China CARES Program
Limits to State-Centered Approaches to HIV/AIDS
International Efforts to Empower Chinese AIDS Groups and Their Limits
Chinese Grassroots NGOs—Bounded Autonomy
A Fractured Civil Society: China’s HIV/AIDS Organizations
Environmental Civil Society Groups
Emergence of Environmental Civil Society Groups
Environmental Legal Aid Groups
The Politics of Civil Society Development and Legal Aid
Notes 115
5 HIV/AIDS Carriers Settling for Discrimination
Legal and Regulatory Context of HIV/AIDS Carriers’ Rights
State Attempts to Keep HIV/AIDS Social Conflict Out of the Courts
Discrimination against HIV/AIDS Carriers
Discrimination and the Right to Health Care
Discrimination and Health Insurance
Employment Discrimination
Compensation for Contracting HIV/AIDS from the Mishandling of the Blood Supply
“We Cannot Control Our Anger Anymore”
Conclusion: Settling for Discrimination?
Notes
6 Litigating for Pollution Victims’ Rights
Development of Chinese Environmental Laws and Regulations
Development of Environmental Litigation in China
Joint Litigation
Health Damages
Right to Know
Halting Pollution Violations
Efforts to Improve Implementation of Environmental Regulations
“Scientific Development,” “Harmonious Society,” and Litigation
Notes
7 Who May Defend the “Public Interest”?
The Legal Basis of Chinese Environmental Public Interest Litigation
The Slow Development of Environmental Public Interest Litigation
Law Revisions and Environmental Public Interest Litigation
GONGO Leadership of Public Interest Litigation and Societal Quiescence
Courts and the Politics of Environmental Adjudication
Representing the Public Interest: Citizen-State Struggles in Civil Society
Notes
8 Conclusion: Helping Tigers Grow Teeth
Factors Propelling Rights Protection in China
International Funding and Linkages
Mobilization of Protest and Media
Litigation
Regime Allies
Obstacles to Rights-Based Contention
Uneven and Fragmented Civil Society
Decentralized and Fractured Bureaucracy and Judiciary
Is a Rights Revolution Incompatible with Regime Maintenance?
Notes
Interview List
Bibliography
Chinese Language Sources
About the Author
Wilson examines the evolving relationship between civil society and the legal system of the People’s Republic of China since the mid-1990s. The work focuses on the pursuit of justice through the Chinese legal system by victims of environmental pollution and by HIV/AIDS carriers. Wilson’s analysis of the struggle of these two disadvantaged groups to organize, seek their day in court, and strengthen legal protections is well documented and insightful. His findings include national and local regulations that work against the formation of regional and national civil organizations, frequent court denial of hearings for cases with political implications, the privileged legal position of government-backed civil advocacy groups, legal statutes that are vague and without enforcement power, a political climate that prizes stability and order over justice and compensation, and societal orientations that favor arbitration over court proceedings. Still, Wilson presents a picture of a society witnessing a growing role for civil organizations and the legal profession in tempering the actions of government and party officials. This work is highly recommended for graduate level research collections on China, environmental law, health care law, and civil society. Summing Up: Highly recommended. Graduate, research, and professional collections.
— CHOICE
This engagingly written book. . . .covers an impressive combination of topics for those interested in issues of justice within China’s legal system, for HIV/AIDS carriers, and for environmental pollution victims. This well-researched book provides an in-depth analysis of the vulnerabilities in China’s legal system. It is essential reading for anyone struggling to understand how the environmental pollution victims and HIV/AIDS carriers struggle for justice in China.
— Social Justice Research
A must-read.... Wilson adds new depth to scholarship on modern China studies by presenting a detailed picture of Chinese civil society’s struggle for legal justice in the last two decades. This book is unique in its in-depth analysis of the development of China’s environmental law and health care law, so students and researchers...can find a great deal of first-hand data here.... A high-quality and well-written academic work that demands attention of anyone interested in the development of the legal system and civil society in China.
— China Quarterly
Scott Wilson’s book, Tigers without Teeth: The Pursuit of Justice in Contemporary China, is intellectual and accessible. This detailed analysis of the politics of law provides an important contribution to the study of law, political advocacy and the development of civil society in China.
— Journal of Chinese Political Science
Scott Wilson's superb book provides a sophisticated analysis of the state of law and civil society development in contemporary China. Through a detailed study of HIV/AIDS NGOs and environmental NGOs, Wilson demonstrates with finesse the politics of justice in China. This is an important addition to the burgeoning field of study on law, civil society, and social change in China.
— Jude Howell, London School of Economics
A thought-provoking treatment of the ‘politics of justice’ in China that focuses on legal activism by pollution victims and HIV/AIDS carriers. Wilson skillfully yokes together litigation, protest, and activities by civil society groups to give us a fresh perspective on regime legitimacy, legal change, political advocacy, rights consciousness, and the delivery of social justice in China.
— Kevin J. O'Brien, University of California, Berkeley
Wilson’s important study takes readers inside the Chinese bureaucracy to help us understand why pollution victims fare better in court than HIV/AIDS carriers. Intelligent and highly readable, Tigers without Teeth captures the Janus-faced nature of China’s legal development as well as the uneven rise of civil society.
— Rachel Stern, University of California Berkeley; author of Environmental Litigation in China: A Study in Political Ambivalence