Hong Fan Review (December 2004, Issue 1, Volume 1)

Author: Wu Jinglian
Publisher:
Publish Date: 2005-04-01
Features: The reform and opening-up since the 1980s were driven by two main threads: economic reform and the development of the rule of law. In the 1990s, economic reform gradually shifted toward a market economy, while the rule of law began to be infused with the principles of the rule of law. Meanwhile, the relationship between the market economy and the rule of law attracted increasing attention, reflection, and discussion. The two commentaries in this issue of Hong Fan Review are directly related to this topic. From a theoretical perspective, the discussion on the market and the rule of law is an issue within the broader theme of "law and development." The law and development movement, which originated in the 1960s, has had a history of nearly half a century, with ups and downs. In the 1990s, a so-called "new law and development movement" emerged, with its main experimental field in East Asian countries and regions. The four articles in this issue's "Theme Forum" also focus primarily on this period and region. Both phases of the law and development movement assumed (though to varying degrees and for different reasons) that the rule of law plays an indispensable role in economic development. East Asia's development over the past few decades presents both an attractive and challenging case for this belief and assumption. The third article in the "Theme Forum" by Tom from the University of Illinois shifts the focus to rural legal systems. The author attempts to explore the evolution of types of social disputes in rural areas and the elements involved in dispute resolution—such as rules, institutions, intermediaries, and parties—to examine the development of rural legal systems amid social and economic changes. Compared to other articles in this section, this one employs more legal sociology methods. The issues discussed are more about the relationship between law and society than between law and economics. The author's description of the development of rural legal systems since the reform provides an important background for thinking about law and development issues. The two articles in the "Commentary" section discuss entirely different topics but each resonates with the preceding discussions. Dr. Zhang Chunlin's discussion on the "loss of state-owned assets" is a topic that has recently been heavily covered by various media, but the author clearly has no intention of following the trend. The author's approach to the issue indicates that simplistic methods are inappropriate for complex problems; serious issues should be addressed with seriousness. The so-called "loss of state-owned assets" is a complex and serious issue, and the author's analysis of it is convincing. The author's suggestions on how to prevent the true "loss of state-owned assets"—that is, establishing and improving relevant systems and mechanisms under the continuation of reform—brings us back to considerations of law and development issues. The article "Taking Private Dispute Resolution Seriously" challenges the prevailing state-centric view of law and, through a historical review and literature review of self-help, prepares the ground for a fresh understanding and serious treatment of this social phenomenon, which has long been marginalized or even portrayed negatively. From the perspective of law and development, this article raises a serious question: What is law? What is the relationship between law and social norms? The initial law and development movement received criticism for focusing solely on state law while ignoring social norms. The new law and society movement has made some progress in this regard. However, raising such questions within the Chinese legal and social context remains a sobering reminder.