Hong Fan Comments (Volume 1, Issue 1)

Author: Wu Jinglian, Jiang Ping (editors)
Publisher:
Publishing Time: Not available
Features: The reform and opening-up since the 1980s had two main threads: one was economic reform, and the other was the development of the legal system. In the 1990s, economic reform gradually shifted toward a market economy, while the legal system began to be infused with the concept of the rule of law. Meanwhile, the relationship between the market economy and the rule of law also drew 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 a question 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, there was a so-called "new law and development movement," with its main experimental field in East Asian countries and regions. The four articles in this issue's "Theme Discussion" also focus primarily on this period and region. Both stages 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 serves as both an attractive and challenging case study for this belief and assumption. The third article in the "Theme Discussion" by Tom from the University of Illinois shifts the focus to rural legal systems. The author attempts to explore the evolution of dispute types in rural societies and the elements of rules, institutions, intermediaries, and parties in the process of dispute resolution, thereby providing insights into the development of rural legal systems amid social and economic changes. Compared to the 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 the law and development issue. The two articles in the "Commentary" section discuss entirely different topics but resonate with the preceding discussions. Dr. Zhang Chunlin's discussion on the "loss of state-owned assets" is a topic that has recently been heavily debated in various media, but the author clearly has no intention of following the trend. The author's approach to discussing the issue indicates that simplistic solutions 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 genuine "loss of state-owned assets"—that is, establishing and improving relevant systems and mechanisms under the continuation of reform—brings us back to reflections on the law and development issue. 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 remedies, lays the necessary groundwork for re-understanding and taking this long-marginalized social phenomenon seriously. 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? One of the criticisms leveled against the initial law and development movement was that it focused solely on state law while ignoring social norms. The new law and society movement has made some improvements in this regard. However, raising such questions within the Chinese legal and social context remains a sobering reminder.