The Journal of Contemporary China Studies Vol. 4 / No. 1 2015 SPECIAL ISSUE: Understanding Politics and Society in Modern China CONTENTS The Paradox of Class Labeling in the Mao Era: Bio-Power, Racism, and the Question of Violence Seio NAKAJIMA 3 The Construction of the Double Burden: Gendered Childcare System in Post-Mao China Fumie OHASHI 21 The Politics of Drug Price Control Policy in China: Regulation, Deregulation and Re-regulation Sabrina LUK 41 The "Institutional Space" of Civil Society in Contemporary China: The Legal Framework of Civil Society Organizations Mei HUANG 55 China and its Neighbors: Trade Leverage, Interdependence and Conflict Nabeel A MANCHERI 75 The Paradox of Class Labeling in the Mao Era: Bio-Power, Racism, and the Question of Violence Seio NAKAJIMA Abstract How can we understand the paradox that the apparently “convivial” (Ivan Illich) ideal of Maoism and the Chinese Revolution resulted in the extreme violence and turmoil of the Cultural Revolution? In this article, I tackle this question by discussing the practice and system of class labeling during the Mao Era (19491976), in particular, during the Cultural Revolution. I begin by examining the theory and concepts presented by Michel Foucault and propose my understanding of such key notions as “bio-power,” “population,” and “racism.” Then, by closely examining the discourses of “class labeling” in “big character posters” (dazibao) and other official and non-official publications during the period, I contend that the violence was not a temporary surge of political and social madness, nor was it a disruption in the normal progression of the history of modern Chinese society, but a historically and institutionally specific case of the workings of the rationality and power of modernity. Keywords bio-power, class labeling, racism, The Great Proletarian Cultural Revolution, violence With the possible exception of China under Mao, no present government could restructure society along convivial lines. —Ivan Illich, Tools for Conviviality, 19731 1 Ivan Illich, Tools for Conviviality (Berkeley: Heyday Books, 1973), 16. The Journal of Contemporary China Studies, Vol. 4, No. 1 4 Villagers tied him on a telegraph pole and smacked and kicked him. Then they lynched him like crazy by poking his face and back with a red-hot burning iron. Older party members, older cadres, and older poor peasants proposed to kill him. There were people who suggested to cut open his stomach and scrape off his heart. Deng lost his consciousness, so the people carried him to a riverbank. Five to six people held tight his hands and feet with branches of a pine tree. Then, with a knife, Yi Wansheng cut open Deng Jifang’s chest. —A recollection of a peasant Yi Wansheng, who claims to have committed cannibalism during the Cultural Revolution in 19682 Introduction How can we understand the paradox that the apparently “convivial” 3 ideal of Maoism and the Chinese Revolution resulted in the extreme violence and turmoil of the Cultural Revolution? In this article, I tackle this question by discussing the practice and system of class labeling during the Mao Era (1949-1976), in particular, during the Cultural Revolution.4 I begin by examining the theory and Zheng, Shokujin Enseki: Massatsu Sareta Chūgoku Gendaishi [Cannibal Banquet: The Forgotten History of Contemporary China], (Tokyo: Kobunsha, 1993), 47-48. 3 Ivan Illich, op. cit. 2 Yi 4 The Great Proletarian Cultural Revolution (1966-1976, hereafter, the Cultural Revolution) has been one of the central topics of discussion in contemporary China studies. Hence comprehensive review of the literature is beyond the scope of this article. Brief introduction, however, is in order. Following a trajectory similar to broader studies of social movements (cf., Doug McAdam, John D. McCarthy, and Mayer N. Zald, Comparative Perspectives on Social Movements: Political Opportunities, Mobilizing Structures, and Cultural Framing [Cambridge University Press, 1996]), the earliest studies (e.g., Robert Lifton, Revolutionary Immorality: Mao Tse-tung and the Chinese Cultural Revolution [New York: W. W. Norton, 1968]) focused on social-psychological aspects of the irrationality of participants. Later studies focused on rational, interest-based explanations—participants from privileged “revolutionary” background supported the status quo, whereas those from “bad” class background attacked it (e.g., Anita Chan, Stanley Rosen, and Jonathan Unger, “Students and Class Warfare: The Roots of the Red Guard Conflict in Guangzhou,” China Quarterly, 3: 397-446; Hong Yung Lee, The Politics of the Chinese Cultural Revolution: A Case Study [Berkeley: University of California Press, 1978]; Shaoguang Wang, Failure of Charisma: The Cultural Revolution in Wuhan [Oxford University Press, 1995]). The most recent studies, utilizing the increasing availability of data on detailed local conditions and local histories of the Cultural Revolution, have elucidated more context-dependent political complications, criticizing the overly-rational, interest-based approach (e.g., Andrew G. Walder, Fractured Rebellion: The Beijing Red Guard Movement [Cambridge: Harvard University Press, 2012]). Some recent important studies in Chinese include, e.g., Yongyi Song, Wenhua Dageming: Lishi Zhenxiang he Jiti Jiyi [The Cultural Revolution: The Truth of History and Collective Memory] (Hong Kong: Tianyuan Shuwu, 2007), Weihua Bu,“ Zalan Jiushijie”: Wenhua Dageming Fadong yu Haojie, 19661968 [“Destroying the Old World”: The Beginning of the Cultural Revolution and the Turmoil, 1966-1968] (Hong Kong: The Chinese University Press, 2008), and Yun Shi and Danhui Li, The Paradox of Class Labeling in the Mao Era 5 concepts presented by Michel Foucault and propose my understanding of such key concepts as “bio-power,” “population,” and “racism.” Then, by closely examining the discourses of “class labeling” in “big character posters” (dazibao) and other official and non-official publications during the period, I contend that the violence was not a temporary surge of political and social madness, nor was it a disruption in the normal progression of the history of modern Chinese society, but a “unique encounter between the old tensions which modernity ignored, slighted or failed to resolve—and the powerful instruments of rational and effective action that modern development itself brought into being.”5 I argue that the violence resulted from class labeling is a case of modern power, or what Foucault calls “bio-power.”6 Close examination of primary materials reveals that it was also a form of “state racism” discussed by Foucault in order to account for the case of Nazism.7 The purpose of this article is not simply to see whether Foucauldian concepts “apply,” but how they “travel”8 to help understand the unique and rare combination of various factors in the Chinese case, which were, in turn, ubiquitous and normal in the rationality of the modern state. 1. Class Labeling in China9 The term “class distinction” (jieji qufen; jieji chengfen) is a generic notion that Nanyi Jixu de Jixu Geming: Cong Pilin dao Pi Deng, 1972-1976 [The Continuous Revolution that is Difficult to Continue: From Criticizing Lin Biao to Criticizing Deng Xiaoping] (Hong Kong: The Chinese University Press, 2008). Some recent important studies in Japanese include, e.g., Mitsuyuki Kagami, Rekishi no naka no Chūgoku Bunka Daikakumei [The Chinese Cultural Revolution in History] (Tokyo: Iwanami Shoten, 2001), Shin’ichi Tanigawa, Chūgoku Bunka Daikakumei no Dynamics [The Dynamics of the Chinese Cultural Revolution] (Tokyo: Ochanomizu Shobō, 2011), and Kaiei Yo, Genocide to Bunka Daikakumei: Uchi Mongol no Minzoku Mondai [Genocide and the Cultural Revolution: The Ethnic Problem in Inner Mongolia] (Bensei Shuppan, 2014). While fully acknowledging the contributions of these recent studies that are based on increasingly detailed data and sophisticated theoretical approach, I turn to a different problem in this article by tackling the question of the nature of political rationality common to different local conditions and historical variations of the Cultural Revolution. 5 Zigmunt Bauman, Modernity and the Holocaust (Ithaca: Cornell University Press, 2000). 6 Michel Foucault, The History of Sexuality Volume I: An Introduction (New York: Vintage Books, 1978 [French original 1976]), 140-141, 143-144. 7 Ibid., 149-150. 8 Edward Said. The World, the Text, and the Critic (Cambridge, MA: Harvard University Press, 1983). See also, Mieke Bal, Travelling Concepts in the Humanities: A Rough Guide (University of Toronto Press, 2002). 9 In summarizing the basic workings of the system of class labeling, I rely on Mitsuyuki Kagami, ed. and trans., Shiryō Chūgoku Bunkadaikakumei: Shusshin Kettō Shugi wo Meguru Ronsō [Materials, The Chinese Cultural Revolution: The Debate on the Hereditary Designation of Class Labels] (Tokyo: Rikuetsu, 1980), 12-29, who rightly points to the importance of “the principle of the hereditary designation of class labels” (Xuetonglun). 6 The Journal of Contemporary China Studies, Vol. 4, No. 1 signifies a class label of a person. In addition, there’s the notion of “class of origin” (chushen jieji), which signifies the class distinction of parents. So, in theory, the class of origin and the class distinction (of the very person concerned, that is, the class label of a child of parents) are two separate categories determined distinctively by different standards. For example, it is well-known that Zhou Enlai, one of the main figures of the history of the Chinese Revolution, had a class distinction of “revolutionary cadre,” while the class of origin of his was “bourgeois official.”10 As will be shown in this article, however, in practice, the two categories were intricately interrelated. Here, the so-called Xuetonglun (or weichengfenlun), which can be translated as “the principle (or logic) of the hereditary designation of class labels,” emerges as another important notion, when the correlation between the class of origin and the class distinction of the person concerned is understood as something absolutely positive. For instance, on August 12, 1966, two students from the Beijing Gongye Daxue (Beijing Institute of Technology)—Tan Lifu and Liu Jing—posted a dazibao (“big character poster”) entitled “Duilian [a kind of short Chinese traditional verse] as a Starting Point of Discussion.” The duilian went, “If the parents are [revolutionary] heroes/heroines, the children of those parents have good characters. If the parents are reactionary, the children of those parents are great fools. That’s the basics.” 11 The principle of the hereditary designation of class labels, which can clearly be detected in the above duilian consisted one major discourse determining the situation of class labeling during the Cultural Revolution. This “extremist view” of the hereditary designation, however, was by no means officially endorsed by the Communist Party. For instance, at the 9th Plenum of the Central Committee of the Communist Youth League, which was held in July 1966, Ibid., 17-18. Beijing Jiating Chushen Wenti Yanjiu Xiaozu [Beijing Research Small Group on the Problem of Family Class Background], “Chushenlun” [On Family Class Background], Zhongxue Wengebao [Junior High School Cultural Revolution News], January 18, 1967, Vol. 1: 1-3. See also, Beijing Gongye Daxue Dongfanghong Gongshe, Mao Zedong Zhuyi Hongweibing [Beijing Institute of Technology, Dongfanghong Group, Maoism Red Guards], eds., “Tan Lifu Jianghua Zhushi” [Exegesis of the Speech by Tan Lifu], Reprinted by Qinghua Daxue Dongfanghong Group, Mao Zedong Thought Red Guards, October 18, 1966. Unless otherwise noted, the primary materials quoted in this article are taken from Red Guard Publications (Hongweibing Ziliao), an archival collection of documents in Chinese, which was compiled by the Center for Chinese Materials, Association of Research Libraries, Washington, D.C., and published in 1975-1979. In selecting and narrowing down the primary materials I cite and discuss in this article from the vast collection of materials available in Red Guard Publications, Kagami’s (op. cit.) selection of materials related to Xuetonglun was of great help. In translating the original Chinese into English, I referred to Red Guard Publications (20 volumes) available in the C. V. Starr East Asian Library of the University of California, Berkeley. 10 11 The Paradox of Class Labeling in the Mao Era 7 the Central Party Secretary Li Xuefeng presented the following line of statement regarding the class labeling. First, we have the theory of class distinction. Secondly, however, we shouldn’t exclusively focus on class distinction [weichengfenlun]. Thirdly, we take political expression [zhengzhi biaoxian] seriously.12 In the above quote, the exclusive focus on class distinction signifies the view of the hereditary designation of class labels. Thus, one important point to be highlighted is that at least one of many “official” positions on the issue of class labeling was not purely the principle of the hereditary designation, but the mixture of both class labeling according to the class of origin and the expression of the very person concerned.13 However, as is clearly indicated by the article below, which was written by a person whose name was Yu Luoke, this official position was always on a slippery slope. Let’s concede and suppose that we should look at the expression as well as the origin. Then I want to ask: If one’s origin is bad, but his/her expression is good, can we erase altogether his/her past records? Can we ignore one’s defects if his/her origin is good? Is it necessary to add further punishment if both one’s origin and expression are bad? Is it necessary to intentionally emphasize one’s merits if both one’s origin and expression are good? Is it really “according to reason” to do it this way? “Looking at the expression as well as origin,” in reality, necessarily leads to a slippery slope and to a morass of “only looking at the origin, and not looking at the expression.” It’s extremely easy to look at the origin. Everything will be known by just flipping a page of dang’an [personal dossier].14 Yu rightly points out that the combination of origin and expression was based on a logic that was very difficult to sustain. However, the actual situation, I argue, was even more complex. As is clear from the above quote, if it had not been for the category of expression, the practice and system of class labeling would have been at least logically more stable. Because, in that case, one’s class distinction or class label would have been determined solely by one’s class of origin, and the class label could not have been changed under any circumstances. Of course, what 12 Boda Chen, “Jianchi Maozhuxi Tichu de Jieji Luxian, Tuanjie Daduoshu” [Hold Up the Class Line Put Forward by Chairman Mao and Unite the Majority of the People], Cuihui Zifanxian [Destroy the Capitalist and Reactionary Lines], February 1968: 4. 13 Expression (biaoxian) means attitudes and behavior manifested by individuals in relation to the correct political ideology. It can mean, e.g., work attitude, efforts in studying Mao’s works, or even hairstyles or clothes people wear. 14 Beijing Jiating Chushen Wenti Yanjiu Xiaozu, op. cit. 8 The Journal of Contemporary China Studies, Vol. 4, No. 1 Yu was criticizing was this tendency of the system of class labeling becoming virtually a system of Xuetonglun, or the hereditary designation of class labels. But the situation was more dynamic in the sense that one’s class distinction was influenced by one’s current expression. Moreover, the relation or correlation between one’s class of origin and one’s class distinction was influenced by the workings of expression, as in the case of Zhou Enlai above. In sum, my contention here is that the combination of the class labeling and the notion of expression added a “contradictory” force to the overall system of class labeling. However, as will be discussed in the following, this apparent “contradiction” was a driving force of the practice and system of class labeling, especially its culmination during the period of the Cultural Revolution. 2. Class Labeling and Bio-Power In the volume I of The History of Sexuality, Foucault describes the “two poles” that constitute the “power over life,” or bio-power. As the concept of “bio-power” is crucial in this article, let me quote his explication at length. One of these poles—the first to be formed, it seems—centered on the body as a machine: its disciplining, the optimization of its capabilities, the extortion of its forces, the parallel increase of its usefulness and its docility, its integration into systems of efficient and economic controls, all this was ensured by the procedures of power that characterized the discipline: an anatomo-politics of the human body. The second, formed somewhat later, focused on the species body, the body imbued with the mechanics of life and serving as the basis of biological processes: propagation, births and mortality, the level of health, life expectancy and longevity, with all the conditions that can cause these to vary. Their supervision was effected through an entire series of interventions and regulatory controls: a bio-politics of the population. The disciplines of the body and the regulations of the population constituted the two poles around which the organization of power over life was deployed. The setting up, in the course of the classical age, of this great bipolar technology—anatomic and biological, individualizing and specifying, directed toward the performances of the body, with attention to the processes of life—characterized a power whose highest function was perhaps no longer to kill, but invest life through and through.15 As I have already pointed out, the overall practice and system of class labeling 15 Michel Foucault, The History of Sexuality Volume I, 139. The Paradox of Class Labeling in the Mao Era 9 in China consisted of two components, that is, the hereditary designation of class labels and the expression. I contend that in the practice and system of the class labeling in China, the hereditary designation works as what Foucault calls the “regulatory controls of the population,” “bio-politics of the population,” or the process of “totalization,” while the expression works as the “disciplines,” “anatomo-politics of the body,” or the process of “individualizaiton.” Let me elaborate on the two components in the following. First, let me begin with the bio-politics of the population. As is clearly spelled out by Foucault, the bio-politics takes care of the welfare and well-being of the population. It is regulatory controls in the sense that it deals with population as a whole or something “total.” Consequently, birth rates and death rates, public health, life expectancy and longevity, and so forth, become important issues for the rationality of bio-politics. In other words, the bio-politics works as a process of totalization. I argue that this one type of power, in the case of the Chinese class labeling, appeared in the form of the principle of the hereditary designation of class labels. Starting point for the system and practice of class labeling was the Chinese Communist Party’s eagerness and commitment to distribute equally the lands monopolized by landlords. Its rationality was to bring welfare and well-being to the entire Chinese population (the term “people” [renmin] [as in The People’s Republic of China] was often used in this context) by giving them lands to cultivate. Thus, each and every member of Chinese population was given a class label according to the pre-Land Reform level of socio-economic status and political standing. Here, it is important to recall that the bio-politics engages with “species,” and hence it is not surprising to find out that the class labels were “inherited” (often through the patri-line) according to the principle of the hereditary designation of class labels. From the above instances, it is clear that the hereditary designation of class labels was a form of the bio-politics of the population, which Foucault considered as one indispensable component of biopower. Secondly, let me move on to the other component of bio-power, that is, the “disciplines: an anatomo-politics of the body.” This component was precisely the main theme in Foucault’s Discipline and Punish.16 As the well-known term “docile bodies”17 clearly elucidates, the disciplines, or the disciplinary power, account for the body, particularly the body of the individuals. It is anatomic and individualizing in the sense that it sees the targets of the disciplines as having Michel Foucault, Discipline and Punish: The Birth of the Prison (New York: Vintage Books 1977 [French original 1975). 17 Ibid., 135-169. 16 The Journal of Contemporary China Studies, Vol. 4, No. 1 10 individual characters. “Panopticism”18 was one way to accomplish this task of the disciplinary power. In the Chinese case of the class labeling, the anatomopolitics of the body appears in the form of expression. Even with the given class labels, people had to continuously show and express that they were of revolutionary characters. In this sphere of bio-power, people existed not as species but as individuals, thus having to show individually that they are of good revolutionary characters. In this sense, I contend that it was also the case that the other component of the practice and system of class labeling, that is, expression, worked as the anatomo-politics of the body, which Foucault argued was another indispensable component of bio-power. As is discussed in the above, I argue that the practice and system of class labeling can be better understood if we examine it through the Foucauldian lens using his concept of bio-power. In the following section, as a next step, I elaborate on how the two components of the bio-power in the Chinese case of the class labeling related to each other. By showing the unique combination of the two components in the case of recent Chinese history of class labeling, I attempt to show how Foucauldian concepts “travel”19 and let us elucidate the phenomenon that cannot be seen without the help of his concepts. 3. The“ Failure” of the Class Labeling System I have argued that the class labeling during the Mao era can be understood as a historically specific case of bio-power, which consists of two components, that is, the hereditary designation of class labels and expression. In this section, I attempt to show that the co-existence of these two aspects of bio-power, in the Chinese case of the class labeling, led to extreme tensions that culminated in the omnipresent violence in the period of the Cultural Revolution. Why? Because in the Chinese case of bio-power, the two components, namely, the hereditary designation and the expression existed as something logically “contradictory.” Whereas the former states that the class label is determined by birth, the latter provides opportunities to change that very fate. I found abundant cases of this “contradictory logic” in the archive, as I have already quoted a few materials in the above. Let me quote just one more. On October 16, 1966, Chen Boda criticized the over-emphasis of class labels: Not taking seriously the class distinction [jieji chengfen] and the class of origin [jieji chushen] is a very big mistake. The exclusive focus on the class 18 Ibid., 195-228. Said, op. cit. See also, Mieke Bal, op. cit. 19 Edward The Paradox of Class Labeling in the Mao Era 11 distinction [weichengfenlun], and not taking political expression [zhengzhi biaoxian] seriously are also very big faults. These kinds of incorrect viewpoints have to be criticized.20 We could regard this apparent “contradiction” as something “negative,” offsetting the forces of the each of the two components of bio-power. Seen through Foucauldian lens, however, this “contradictory logic,” in fact works as something that is extremely positive and effective, and in Foucault’s own words, “have directly productive role.”21 Let me explain what I mean by this. In Part Four of the Discipline and Punish entitled “Prison,” Foucault elaborates on the history of a century and a half of the “failure” of the prison.22 “The self-evidence of the prison,” to use Foucault’s phrase, is based on the “deprivation of liberty,” which “has . . . the same value for all.”23 Also, it is selfevident because “it makes it possible to quantify the penalty exactly according to the variable of time.”24 Secondly, the self-evidence comes from the fact that the prison is “an apparatus of transforming individuals.”25 In other words, “by locking up, retraining and rendering docile, it merely reproduces, with a little more emphasis, all the mechanisms that are to be found in the social body.”26 “The prison is like a rather disciplined barracks, a strict school, a dark workshop, but not qualitatively different.”27 The prison makes prisoners accede to the discipline that works to let the prisoners reflect on their crimes themselves and reform their individual characters and personalities. It is a space in which to educate, reform, and transform them into human beings who have the personal characters “safe” enough to be returned to the society outside. Foucault contends that the prison represents the “failure” of the carceral system for a century and a half. The prison system has continuously been criticized, and experienced numerous proposals for reforms. However, it continues to exist until today. Foucault argues: [The system of prison creates] the de facto reintroduction, if not actual increase, of a criminality that the prison ought to destroy—the element of inverted efficiency; . . . The carceral system combines in a single figure discourses and architectures, coercive regulations and scientific propositions, Boda Chen, op. cit., 4. Michel Foucault, The History of Sexuality Volume I, 94. Michel Foucault, Discipline and Punish, 229-308. Ibid., 232. Ibid., 232. Ibid., 233. 26 Ibid., 232. 27 Ibid., 233. 20 21 22 23 24 25 The Journal of Contemporary China Studies, Vol. 4, No. 1 12 real social effects and invincible utopias, programmes for correcting delinquents and mechanism that reinforce delinquency.28 Thus, Foucault argues that the very essence of what has been called the “failure” of the prison constitutes a crucial function of the survival of the prison system itself. “Is not the supposed failure part of the functioning of the prison?”29 According to Foucault, the prison in reality functions not as a system to eliminate legal violations or illegalities, but to create a new category called delinquent, which is distinct from the juridical category of offenders. Thus, the prison system works as a system to carve out a space and rationality for the continuous existence of delinquency. Consequently, the delinquency is reproduced in the very system in which it was supposed to eliminate illegalities. In his own words: For the observation that prison fails to eliminate crime, one should perhaps substitute the hypothesis that prison has succeeded extremely well in producing delinquency, a specific type, politically or economically less dangerous—and, on occasion, usable—form of illegality.30 Foucault sees the above discussion as a relation between discourse, e.g., juridical discourse such as pronouncements of judgment, and non-discursive domains, e.g., social institutions and organizations such as prison system. The prison presupposed the existence of juridical discourse, because the prison receives the prisoners who are sent in by the judiciary and its juridical discourse. In the prison, however, the criminals who violated the law, and who are the objects of the juridical discourse, exist in a different modality, in which they are subjected to the carceral techniques of “discipline.” A criminal in the eyes of the judiciary is a legal offender who committed specific infraction, while a criminal in prison is a delinquent who possess its own holistic and individualistic personal characters. Whereas juridical discourse deals with the specific infraction in relation to the specificity of the crimes he/she committed against the law, the non-discursive system of the carceral treats prisoners in relation to the characters of him/her as an individualistic whole. Whereas in the former, what is at issue is no more nor less than the specific violation of law, in the latter what is at issue is the dangerous criminality, or the delinquent character of the individual subjects. To put it another way, it is not that the delinquents exist first and the carceral system corrects them, but rather, the prison itself (re)produces the category of “dangerous delinquents” through the techniques of the carceral, because without such category, the prison system lacks subjects to be normalized. In other words, the prison has a kind of Ibid., 271. Ibid., 271. 30 Ibid., 277. 28 29 The Paradox of Class Labeling in the Mao Era 13 self-referential structure that reproduces the basis of legitimation of the existence of the prison itself. This once again, results from the gap between the juridical discourse and the non-discursive realm of the carceral system. Let me go back to the case of Chinese class labeling. I would argue that in the place of the non-discursive realm of the carcral system in the Foucault’s case of the prison, the system of dang’an, or personal dossier, exists in the case of the Chinese class labeling. As is well known, personal dossier is an official document produced and supervised by the party organization at relevant levels of work unit, or danwei. It contains information on, for example, class of origin, present class distinction, and political attitudes and behavior, or expression, toward political campaigns. By nature of the personal dossier—documenting the class of origin, class distinction, and expression—, it plays a central role in the practice and system of class labeling. This system of personal dossier, like the system of prison, was continuously criticized as a “failure.” For instance, on October 5, 1966, the Political Bureau of the Central Military Commission promulgated “The Urgent Order Regarding the Proletarian Cultural Revolution in the Military Attached Schools.” With regard to all of our comrades who have been “framed up” as “counterrevolutionaries,” “counter-party elements,” “right elements,” “fake leftist, actual rightist,” etc., these stigmas have to be declared invalid, and also we have to correct wrongs and reinstate their honor in front of the people. The individual materials of self-criticisms which these people were forced to write have to be returned to them and have to be discarded. The materials which the party committees, the work groups, and others have created in order to rectify these comrades may be burned in front of the people after consulting with the people about ways of dealing with them, and also after the consensus of the 31 people and the comrades who were rectified, has been archived. In addition to these relatively moderate criticisms of the system of dang’an, there abound numerous cases of violent attacks on the physical spaces where the dossiers were kept. For instance, on February 17, 1967, the Central Party and the State Council published “A Few Regulations on Ensuring the Security of Classified Documents and Dossier Materials.” In the course of the Cultural Revolution, people from some work units attacked and occupied the rooms in which confidential documents were kept, and fought against each other to obtain personal dossier materials as well as 31 Zhongyang Junwei Zongzheng [Central Military Commission], “Guanyu Jundui Yuanxiao Wuchanjieji Wenhua Dageming de Jinji Zhishi [Urgent Order Regarding the Proletariat Cultural Revolution in Military-Attached Schools],” October 5, 1966. 14 The Journal of Contemporary China Studies, Vol. 4, No. 1 other confidential documents. These incidents are leading to serious leakage of confidential information. In order to prevent similar incidents in the future, and also to prevent “bad elements” engaging in destructive activities taking advantage of the situation, and moreover to ensure the security of confidential documents and personal dossier materials, we will enforce the following restrictions.32 However, despite the harsh criticisms and even physical attacks on the system of personal dossier, as reported in the above pronouncement, it continued to exist throughout the period of the Mao Era, and even to the present, though of course the importance of personal dossier has significantly decreased in the Reform Era since 1978. This process in China, I would argue, parallels the “failure” of the carceral system as described by Foucault, with some significant differences. First of all, the system of personal dossier was supposed to provide an inventory with which the practice of class labeling could be smoothly carried out. In that sense, however, the system was a “failure.” As already demonstrated in the above, the system became a site for continuous struggle and fluctuation of the very system of class labeling. However, if the practice of class labeling had been so rigid and predetermined as to make the personal dossier unnecessary, the system of personal dossier would have disappeared long before the whole system of class labeling collapsed after the conclusion of the Cultural Revolution. In reality, to parallel Foucault’s argument, the system itself reproduced the “unstable” and flexible system of class labeling which, in turn, legitimated the existence of the very system of personal dossier. This process of self-reproduction is quite similar to the history of the carceral. However, there exists an important difference. That is, whereas in the case of prison, it was the gap between juridical discourse and non-discursive realm of prison that created the self-reproducing structure, in the case of the class labeling, it was the gap between the discourse and practice of the hereditary designation on one hand, and the discourse and practice of expression on the other, that created the self-reproducing structure of the personal dossier system. In sum, the system of personal dossier existed hand in hand with the continuing reactivation of the contradictory system and practice of class labeling, which contributed to the heightening of the class labeling activity in the Mao Era. 32 Zhonggong Zhongyang , Guowuyuan, “Guanyu Quebao Jiyao Wenjian he Dang’an Cailiao Anquan de Jixiang Guiding [A Few Regulations on Ensuring the Security of Classified Documents and Dossier Materials],” February 17, 1967. The Paradox of Class Labeling in the Mao Era 15 4. Maoism, Bio-Power, and Racism As the epigraphs at the very beginning of this article express, the fundamental question that prompted me to write this article was the paradox that the apparently “convivial” ideal of Maoism and the Chinese Revolution resulted in the turmoil and violence of the Cultural Revolution. Rational choice oriented explanation might argue that the “free-rider problem” was the starting point of the collapse of the “utopia”; increasingly more and more people took advantage of the situation and tried to extract as much resources as possible from the egalitarian distribution of wealth promulgated by Maoism, without contributing to the collective wellbeing or even when personal gains meant attacking other people’s welfare. Some others might argue that under the then emergent situation of chaos, people took to personal revenges of the past incidents that were unrelated to the revolutionary ideal. These arguments are valid in their own right. I would argue, however, that one crucial rationality behind Maoism, here specifically that of class labeling, will be missed if we only follow these lines of arguments. I contend that the same rationality that supported the “utopian” or “convivial” side of Maoism, thus central rationale of Maoism, was what led to the omnipresent violence in the practice and system of class labeling, particularly its culmination during the Cultural Revolution. Here, Foucault’s notions of bio-power and racism are needed as essential lens to see through the mechanism of this paradox. Foucault argues that modern society consists of what he calls bio-power. As already discussed, whereas “one pole,” that is, disciplinary power spatially places individuals for the purpose of discipline and self-discipline, the “other pole,” that is, regulation, takes care of the population as a whole, often as citizens in the nation-states. The two poles combined, bio-power manages and governs people as a collective or a population. Bio-power’s concern is the life and well-being of the population. According to Foucault, “One might say that the ancient right to take life or let live was replaced by a power to foster life or disallow it to the point of death.”33 And thus, indices of population such as birth rate and death rate become important. Bio-power described as such is a power that takes care of the lives and welfare of the population, and is apparently full of reason, rational, convivial, and benign. However, Foucault thinks this very power could at the same time become a power that destroys and kills human beings in a scale and cruelty that were unthinkable in a society without bio-power. 33 Michel Foucault, The History of Sexuality Volume I, 138. 16 The Journal of Contemporary China Studies, Vol. 4, No. 1 Yet wars were never as bloody as they have been since the nineteenth century, and all things being equal, never before did regimes visit such holocausts on their own populations.34 Foucault argues that the principle of race is one of important factors that make this mass destruction possible. As already described, bio-power is a power that takes care of the lives of the population (or nation). As long as the power follows this principle, it is impossible to attack people of its own nation or people of other nation since it is supposed to be a “power to foster life.” But the notion of race brings to bio-power a principle of distinction, exclusion, and discrimination. Foucault’s concept of race goes beyond the strictly “biological” and can be understood as a notion that distinguishes between the people who can be excluded to be attacked or killed, and the people who have to be included and protected. And more often than not, this distinction or exclusion is accompanied by the notion of “good race” and “bad race,” “normal race” and “abnormal race,” “perfect race” and “defective race.” Discourses of “goodness-badness,” “normality-abnormality,” and “perfectnessdefectiveness” abound in the period of the Cultural Revolution. For example, the discourse of “Black Five Elements” (Hei Wulei) (five groups of “bad” class background) and “Red Five Elements” (Hong Wulei) (five groups of “good” class background) may be understood as something similar to what Foucault has discussed using his broader notion of race. The Black Five Elements are the five groups of people who have “bad” class labels of, for example, landlord, rich peasant, counter-revolutionary, criminal, and rightist. The Red Five Elements are the five groups of people who have “good” class labels of, for example, revolutionary cadre, revolutionary soldier, revolutionary martyr, worker, poor and lower-middle peasant.35 A household was bad class when it was headed by a “four-bad-categories element (si lei fenzi), defined as a landlord, rich peasant, counterrevolutionary (none in Chen Village), or “rotten element” (huai fenzi). Among these, the true pariahs were the village’s two former landlords: They were treated like lepers. If you greeted them your class standing was considered questionable. They had no friends. They didn’t dare to talk to each other, either.36 Ibid., 136-137. These classifications varied according to the socio-economic or political situations of particular time and space. For example, in some locations, there were “Four Bad Elements” instead of five. 36 Jonathan Unger, “The Class System of Rural China: A Case Study,” in James L. Watson, ed. Class and Social Stratification in Post-Revolution China (Berkeley and Los Angeles: University of California Press, 1984), 124. 34 35 17 Both the people who advocated as well as attacked the notion of hereditary designation of class labels, used the above dichotomous terminologies in their discourses. Let me quote a few examples of these discourses from the archival materials. The first is an example of the discourse of the group of people who advocated the hereditary designation. We are the heirs of the Revolution and the protesters by nature and birth, who crown heaven and stand on the great earth. . . . Some people slander us a “zilaihong” [“red by birth”]. You dirty dogs, your defamation is actually a great compliment to us. . . . Our parents love the Party and the Chairman Mao the most, and have guided us since we were very little. . . . Thus, from inside to outside, we have wholly become “red,” as the revolutionary spirits of our parents permeate into our body every second to the next. . . . We are the pure and untainted blood of the proletarian class. . . . Do we have shortcomings or not? There are shortcomings! Compared to our merits, however, these shortcomings are secondary and unimportant! In order to thoroughly accomplish the Revolution, and in order to make our “redness” purer and more untainted, we have to overcome our shortcomings! . . . Whoever dares to oppose to this project, we resolutely dictate over them and take lives! . . . We all, the “red by birth,” will fight against the “authority” and its dirty dogs of bourgeois class. We fight with the ghosts and monsters, big and small, with our thoroughly red spirits of the Revolution! . . .37 The following is an example of the discourse of the group of people who opposed the hereditary designation. Emperors, military generals, ministers, officials who live on bribery, and local gentries and bosses, these people are vampires and homicidal Satan, who ride on people’s heads and oppresses the people. They are the wastes of human species. They . . . think that the reason why they have the right to oppress and exploit the people is because their fate is good and their “bloodline is noble” [xuetong gaogui]. Also, they think the reason why the peasants are oppressed and exploited is because their fate is bad and their “blood-line is humble” [xuetong beilie]. 37 Beijing Daxue Fushu Zhongxue Hongqi Zhandou Xiaozu [Beijing University Attached Junior High School Red Flag Struggle Small Group], “Zilaihong Zhanqilaile! [Red-By-Birth Have Stood Up!],” Bingtuan Zhanbao [Army Corps Battle News], November 26, 1966: 4. 18 The Journal of Contemporary China Studies, Vol. 4, No. 1 The imperialists, for the purpose of exploiting and oppressing the working people of its own nation as well as people of the colonial and semi-colonial areas, promote the reactionary blood-line theory [fandong xuetonglun] like crazy. For example, propaganda of racists [zhongzuzhuyizhe de xuanchuan] is something of this kind. The reactionary writer of our nation, Pan Guangdan, promoted the so-called “eugenics” [youshengxue] a few decades ago, but this was also something of this kind.38 As is clear from the above quotes, I contend that the Chinese case of the class labeling was a historically specific case of “racism” in the sense Foucault has discussed in his works. Foucault writes: . . . The new procedures of power that were devised during the classical age and employed in the nineteenth century were what caused our societies to go from a symbolics of blood to an analytics of sexuality. Clearly, nothing was more on the side of the law, death, transgression, the symbolic, and sovereignty than blood; just as sexuality was on the side of the norm, knowledge, life, meaning, the disciplines, and regulations.39 As Foucault does elsewhere, he treats these two components as not “without overlappings, interactions, and echoes.”40 According to Foucault, the “overlappings” in this case, took two forms: one being racism and the other being psychoanalysis. In this article, I focus on the former, that is, the notion of racism. Let me quote at lengths Foucault’s explication of how the “overlappings” related to Nazism. Beginning in the second half of the nineteenth century, the thematics of blood was sometimes called on to lend its entire historical weight toward revitalizing the type of political power that was exercised through devices of sexuality. Racism took shape at this point (Racism in its modern, “biologizing,” statist form): it was then that a whole politics of settlement (peuplement), family, marriage, education, social hierarchization, and property, accompanied by a long series of permanent interventions at the level of the body, conduct, health, and everyday life, received their color and their justification from the mythical concern with protecting the purity of the blood ensuring the triumph of the race. Nazism was doubtless the 38 “Guo Dajiang” Zhandouzu [“Crossing the Wide River” Struggle Group], “‘Xuetonglun’ yu Duoquan Douzheng: Pipan ‘Liandong’ Fandong Sichao zhi Yi [‘Hereditary Designation’ and Struggle for Grasping the Political Rule: Criticizing the ‘Liandong’ Reactionary Thoughts, Part One.],” Chunlei [Spring Thunder], Vol. 11, July 1967: 1. 39 Michel Foucault, The History of Sexuality Volume I, 148. 40 Ibid., 149. 19 most cunning and the most naïve (and the former because of the latter) combination of the fantasies of blood and the paroxysms of a disciplinary power. A eugenic ordering of society, with all that implied in the way of extension and intensification of micro-powers, in the guise of an unrestricted state control (etatisation) was accompanied by the oneiric exaltation of a superior blood; the latter implied both the systematic genocide of others and the risk of exposing oneself to a total sacrifice.41 The discourses of blood in the Chinese cases I have already described can be grasped as paralleling the “overlappings” of the symbolics of blood and the analytics of sexuality. Thus, I contend that as Nazism was a case of bio-power and racism, the Chinese case of the class labeling was a historically specific case of bio-power and racism. If the class labeling was a variant of bio-power, it necessarily requires the rationalization by the modern state. Thus, I would argue that Maoism, specifically the practice and system of class labeling was a clear case of state racism sharing the similar logic Foucault elaborated on with regard to the mechanism of the state racism of Nazism. However, detailed examination of the question of the historical differences between Maoism and Nazism is beyond the scope of this article. Conclusion After discovering the paradox of bio-power, that is, the fact that the terror of mass destruction coexists with the power that takes care of life, Foucault went on to explore the genealogy of bio-power. His tentative conclusion was: Political rationality has grown and imposed itself all throughout the history of Western societies. It first took its stand on the idea of pastoral power, then on that of reason of state. Its inevitable effects are both individualization and totalization. Liberation can only come from attacking, not just one of these two effects, but political rationality’s very roots.42 In other words, Foucault attempted to explore ways to criticize and resist, or counter-attack, bio-power. This was what he tried to do until the last minutes of his life. Going back to the Chinese case of class labeling, there still remains formidable Ibid., 149-150. Michel Foucault, “Politics and Reason,” in Lawrence D. Kritzman, ed., Michel Foucault: Politics, Philosophy, Culture: Interviews and Other Writings 1977-1984 (New York and London: Routledge, 1988 [original lecture 1979]), 85. 41 42 20 The Journal of Contemporary China Studies, Vol. 4, No. 1 task of exploring the genealogy of the Chinese case of bio-power that led to the practice and system of class labeling, which was an important manifestation of the political rationality of Maoism. It will be an extremely challenging task since we have to look at the specific Chinese history and tradition as well as the incorporation of “Western” political rationality of the modern state including Socialism and Communism. Although formidable, it will be a fascinating topic to pursue in the future. About the Author Seio Nakajima is Associate Professor of Sociology and Asian Studies at the Graduate School of Asia-Pacific Studies, Waseda University. He has received Ph.D. in Sociology from the University of California at Berkeley. He has conducted organizational analyses of the Chinese film industry, as well as ethnographies of Chinese film audiences and consumption. His research has appeared in From Underground to Independent (P. G. Pickowicz and Y. Zhang, eds. [2006]), Reclaiming Chinese Society (Y. Hsing and C. K. Lee, eds. [2009]), and The New Chinese Documentary Film Movement (C. Berry, L. Xinyu, and L. Rofel, eds. [2010]). His recent articles include “Prosumption in Art” (American Behavioral Scientist, 2012), “Re-imagining Civil Society in Contemporary Urban China: Actor-Network-Theory and Chinese Independent Film Consumption” (Qualitative Sociology, 2013), and “Chinese Film Spaces: The Social Locations and Media of Urban Film Consumption” (Continuum: Journal of Media and Cultural Studies, 2014). Address: Graduate School of Asia-Pacific Studies, Waseda University, 1-21-1 Nishiwaseda, Shinjuku-ku, Tokyo 169-0051, Japan E-mail: [email protected] The Construction of the Double Burden: Gendered Childcare System in Post-Mao China Fumie OHASHI Abstract This paper examines the shift of the childcare system in post-Mao China, by reviewing the “children’s project” (ertong gongzuo) during the 1980s and the early 1990s from a gender perspective. The children’s project is a comprehensive child welfare project including nurseries and preschool education. It was assigned to the All China Women’s Federation (ACWF) after 1981. In the earlier years, the ACWF mainly addressed women’s contribution on Socialist Modernization, and paid less attention to child welfare. Official statements, documents, and personal memoirs at that time reveal that there were disputes among ACWF cadres on whether and how they should “balance double burden on a yoke”. That is to say, ACWF itself was facing the “double burden” on their policies, when the wellknown “Women-Go-Home” (funü huijia) debates retargeted women to take the double burden of production and reproduction. Moreover, presumably ACWF had a small budget for this policy under the reduction of public investment. Local women’s federation encouraged jobless youths and retirees to run “home-based nurseries” (jiating tuo’ersuo), which required a smaller budget. This paper shall discuss how the double burden was politically constructed and how the cost of reproduction was controlled in the gendered economic regime of post-Mao China. Keywords gender, double burden of production and reproduction, the children’s project, Women’s Federation, home-based nurseries 22 The Journal of Contemporary China Studies, Vol. 4, No. 1 Introduction The question of women in post-Mao China has attracted a good deal of attention among overseas feminists in the late 1980s and the early 1990s. Emily Honig and Gail Hershatter’s Personal Voices: Chinese Women in the 1980’s illustrated Chinese women’s expectations and anxiety about new social order through documentary research.1 In Japan Emiko Ochiai2 and Yoko Akiyama3 shed light on the “Women Go Home” (funü huijia) debates in the magazine Chinese Women (Zhongguo Funü), the official journal of the All-China Women’s Federation (Hereafter abbreviated to “ACWF”) 4, focusing on the issue of the double burden of work and family for Chinese women. Later in the mid-1990s, the fact that Li Xiaojiang, a well-known pioneer of women’s studies in post-Mao China, issued a critical statement about the Fourth World Conference on Women held in Beijing under the auspices of the ACWF also became known thanks to Akiyama’s translation.5 By this time, Li was challenging the discourse of socialist women’s liberation in accordance with the interests of the Communist Party of China (hereafter abbreviated to “CPC”) and attempting to create a new tide of Chinese feminism that would address the new subject position of “women”, including the existence of the pressure of the double burden. The contributions of the women who vocalized their own experiences in “Chinese Women” and the radical statements made by Li give the impression of a multitude of voices within Chinese feminism which dissented from the gender regime of the CPC and its socialist slogan of “what men can do, women can do too”. However, until now there has not been much analytical research about how the post-Mao gender regime has been constructed and how women themselves dealt with their new challenges in this period. How did the double burden become a 1 Emily Honig and Gail Hershatter, Personal Voices: Chinese Women in the 1980s, (Stanford: Stanford University Press, 1988). 2 Emiko Ochiai “Chugoku Josei Ha Ie Ni Kaeru Ka: Gendaika Rosen To ‘Fujokaika’ Ronso No Yukue” [Will Chinese Women Go Home? : Modernization and ”Women Go Home”], Kindai Kazoku To Feminizumu [Modern Family and Feminism] (Tokyo: Keiso Shobo, 1989). 3 Yoko Akiyama ed., trans. Chugoku Josei: Onna, Shigoto, Sei [Chinese Women: Women, Work and Sexuality], (Tokyo: Toho Shoten, 1991). 4 In this paper I will refer to the All-China Women’s Federation as the ACWF. When referring to the women’s federation of each local area I will append the place-name, e.g. Beijing Women’s Federation. When there is no place-name appended I use the term to refer to the women’s federation in the sense of the comprehensive network from the national to the local level. 5 Li Xiaojiang, Akiyama Yoko trans., “Watashi Ha Naze 95 Nen Sekai Joshei Taikai NGO Foramu He No Sanka Wo Kyozetsu Shita Ka” [The Reasons Why I Refused to Attend World NGO Conference on Women in 1995], Chugoku Kenkyu Geppo [China Research Monthly] 49(10), (1995): 34-37. The Construction of the Double Burden 23 salient issue of women following the reform and door-opening policy? What sort of political and economic situation in the 1980s has conditioned the multitude of voices of Chinese women? After experiencing a shutdown during the Cultural Revolution, the ACWF resumed its activities in 1978, on the cusp of the reform and door-opening policy. On resuming their activities in the early to mid-1980s after this period of political silence, how did the ACWF become involved in problems concerning women? Can we arrive at a new understanding of Chinese feminism by conducting a thorough consideration of these and other issues? In line with these concerns, this paper reconsiders women’s policy in China in the 1980s and the political and economic situation which formed its background. As a working hypothesis, I would like to initially reject the interpretation of the double burden as a problem inherent to the social group known as “women”. Of course, many women across time and space confront the reality of the double burden of work and family, or production and reproduction.6 However, the way in which women carry that burden is always socially constructed and endowed with meaning, and thus that process is not uniform. Mariko Adachi suggests that reproductive labor is not necessarily carried out in the “home” (household), that it can be borne by the market economy (e.g., businesses) or by the non-market economy (e.g., households, localities, the state) and furthermore, that as a result of this, it forms a branch of socially necessary labor which is unavoidably marketized regardless of how it is socially valued.7 In China, there are two examples that back up this suggestion: the public canteens during the Great Leap Forward and the workplace nurseries during the planned economy era. These public canteens and workplace nurseries functioned at least partially as a means of labor force reproduction, and their costs were also borne outside the household. The way in which the double burden has haunted women in China is also by no means a problem inherent to Chinese women but can be understood in the context of the political and economic situation in China in the 1980s. Furthermore, when we look at things in this light, the voices of sympathy raised in response to the “Women Go Home” debate and objections to the gender equality regime can be re-understood as the reaction of women themselves to the process of gendering of a particular “role”. This paper will draw on materials and policy documents published by the ACWF and local women’s federations, especially the Beijing Women’s 6 See, for example, Arlie Hochschild and Ann Machung, The Second Shift: Working Parents and the Revolution at Home, (New York: Viking Penguin, 1989). 7 Mariko Adachi, “Saiseisan Ryoiki No Gurobaruka To Setai Hoji (Householding)” [Globalization of Reproductive Sphere and Householding], Ito Ruri, Adachi Mariko eds., Kokusai Ido to ‘Rensa Suru Jenda’: Saiseisan Ryoiki No Gurobaruka [Transnational Migration and “Gender in Chains” : Globalization of Reproductive Sphere], (Tokyo: Sakuhinsha, 2008) : 224-262. 24 The Journal of Contemporary China Studies, Vol. 4, No. 1 Federation, and periodicals published by the ACWF management at the time, and memoirs published later on. I mainly focus on materials concerning the “children’s project” (ertong gongzuo),8 a childcare, child-rearing and educational project which was a central concern of the ACWF particularly in the 1980s. By considering the background situation that led to generational reproduction arising as the problem of women’s double burden, I ultimately wish to reveal the gender politics surrounding reproductive labor in China. 1. The History of the ACWF in the Early 1980s 1) Resumption of ACWF Activities After the Cultural Revolution, at the end of the 1970s China was pressing forward with a realistic transformation aimed at improving productivity in the areas of agriculture, industry, national defense and science and technology under the slogan of the “Four Modernizations”. In 1977, on the cusp of the reform and dooropening policy, a group of female leaders, starting with Kang Keqing, who had been forced to suspend their activities due to the political conflict, founded the ACWF Leader’s Group and began criticizing the Gang of Four. They supported the reform drive, and in September 1978, they held the Fourth National Congress of Chinese Women, where they announced that “the Four Modernizations need women, and women need the Four Modernizations”. This was the official resumption of the ACWF’s activities, with Kang as the president. In an interview reflecting back on her life, Luo Qiong, the main secretary and vice president of the ACWF at the time, recalled that the following four points were the targets of the ACWF from the winter of 1978 to the beginning of 1980: (1) Examination of women’s roles in the construction of socialist modernization, (2) Amendment of the Marriage Law, (3) Establishment of a Marriage and Family Research Group to facilitate the amendment of the Marriage Law, (4) Problematization of the immorality of extramarital affairs and promotion of harmony within the family.9 In general, at the time the ACWF was concerned with establishing the 8 The Chinese word ertong (child) refers to children younger than shaonian (youth). According to the Xiandai Hanyu Cidian (Dictionary of Modern Chinese), “shaonian/youth” refers to children aged from ten to fifteen or sixteen. Moreover, since you’er (infant) is defined as “young ertong” (a young child), we can conclude that “ertong/child” refers to children who are aged from infancy to the early grades of elementary school. In line with this definition, in this paper I will refer to the project related to the care, nurturing and education of young children as “the children’s project.” 9 Luo Qiong and Duan Yongqiang, Luo Qiong Fangtanlu [Interview with Luo Qiong], Beijing: Zhongguo Funü Chubanshe, 2000: 184-188. The Construction of the Double Burden 25 orientation of women’s policy in the context of the reform and door-opening policy, and controversy surrounding the amendment of the Marriage Law and accompanying domestic ethical issues. Indeed, with respect to the Marriage Law, the ACWF committed itself to drawing up a draft, and in 1980 it succeeded in realizing the revision of the law. Then, how did the ACWF address their other goal of seeking women’s role in the context of modernization? I shall examine the actual challenges that they faced during this period. 2) The ACWF’s Approach to the Children’s Project As I have described above, from the beginning of the resumption of its activities, the ACWF advocated the importance of the women’s movement in the context of the “Four Modernizations”. According to Luo Qiong, when the Second Session of the Fourth Executive Committee of the ACWF was held on March 22, 1979, the members discussed how the ACWF could place the focus of women’s policy on socialist modernization while upholding the spirit of the Third Plenary Session of the 11th Central Committee of the Communist Party of China. Prior to this meeting, Kang Keqing had expressed her opinion in an interview in the People’s Daily that “the main focus of the ACWF’s projects should be on rural wome.” This opinion was supported at the Second Session of the Fourth Executive Committee of ACWF as well.10 However, in actual fact in the early 1980s the ACWF switched the focus of their activities to the Children’s Project. This policy reversal was clearly under the directive from the Communist Party Central Committee (hereafter abbreviated to “CPCC”). On February 2, 1981, the CPCC Secretariat decided that, “The ACWF should make the nurturing, fostering and education of more than three hundred million children the focal point of its efforts” (February Second Directive). Furthermore, on May 6, 1981, Document No.19 of the CPCC once again announced the principle that the ACWF should take a leading role in the nurturing, fostering and education of children.11 In other words, through these two statements, the CPCC made explicit its position that the main task of women’s policy should be children’s education and childcare. After the third Plenary Session of the 11th Central Committee of the Communist Party of China, a growing number of voices claimed that the rebuilding of childcare and children’s education was necessary in order for the construction of a new socialism. These two statements were made under such circumstances. I speculate that until this time, children’s education and childcare were not necessarily regarded as the task of ACWF in China. Since the founding of the 10 11 Ibid., 185. Zhong Fa (1981) 19 Hao Wenjian “Guanyu Liang Ge Huiyi Qingkuang Ji 1981 Nian Fulian Gongzuo Yaodian De Baogao” [China 1981 Document No. 19 “Report on Two Conferences and the Focus of Women’s Policy in 1981”], March 19, 1981. 26 The Journal of Contemporary China Studies, Vol. 4, No. 1 PRC, the nursery system had been under the authority of the Department of Health and the kindergarten system had been under the authority of the Department of Education. According to Liu Xiangying, since the founding of the PRC the childcare system had been split into two types of facility, namely “nurseries” (tuo’ersuo), which looked after infants aged from zero up to three years of age, and “kindergartens” (you’eryuan), which were aimed at children aged between three and six or seven years of age and which had a dual focus on childcare and education. The former were supervised by the Department of Health and the latter by the Department of Education. The main distinction between the two was the age of the children, and they were identical in that they were both operated to support parents’ working life and children’s development.12Accordingly, in this paper I refer to the system of nurseries and kindergartens in the 1980s collectively as the “childcare system”. However, recently social concern towards kindergarten education has grown in China that the number of facilities which place more importance on infants’ education than on supporting parents’ working life is increasing. However, according to the bulletin of the National Conference for the Childcare Project, many nursery schools and kindergartens were forced to close due to the political turmoil of the Cultural Revolution, and the childcare system received a serious blow.13 The National Conference for the Childcare Project was held in July, 1979, by the Departments of Health and Education, the National Bureau of Labor, the All-China Federation of Trade Unions and the ACWF. As can be seen from its heading the bill of participating organizations, by this point the Department of Education was promoting a reform of the kindergarten administration and also attempting to expand the provision of kindergarten education to pre-school age children.14 Meanwhile, we can see that the ACWF was already aware of its position as an important stakeholder in the establishment of nursery schools and kindergartens 12 Liu Xiangying “Chuugoku Ni Okeru Nyuji Kyoiku No Genjo To Kadai: ‘0 Saiji Shudan Hoiku Ni Kansuru Ishiki Chousa No Kentou Wo Chuushin Ni” [Conditions and Agendas of Early Childhood Education in China: Survey of the Attitudes toward Collective Education of the Infants under the Age of One], Fukuyama Shiritsu Joshi Tanki Daigaku Kyouku Koukai Sentaa Nenpou [Fukuyama Female College International Education Center Bulletins] 7 (2000): 149-158. 13 Zhonggong Zhongyang Guowuyuan Zhuanfa “Quanguo Tuoyou Gongzuo Huiyi Jiyao” [The Bulletin of the National Conference for the Childcare Project]. The quotation is from: ACWF ed. Hunyin Jiating Ertong Gongzuo [Conjugal Family Children Project], (Beijing: Renmin Chubanshe, 1982). 14 See, Sayoko Nishiyama “Shakaishugi Shijo Keizai Seisakuka Chugoku no Yojien Gyosei ni kansuru Kenkyu (Sono 1)” [Study on Preschool Education Policy in China under Socialist Market Economy] , Kikan Hokkai Gakuen Daigaku Keizai Ronshuu [Quarterly Bulletin of Economics, Hokkai Gakuen University]53 (1), (2005): 43-73. The Construction of the Double Burden 27 at the same time. However they did not necessarily view childcare system as a central concern to be prioritized over others. For example, as a result of the National Conference for the Childcare Project, the Childcare Project Direction Group was set up within the office of the ACWF with Chen Muhua at the helm, who was the Deputy Prime Minister for the State Council at the time and later became the president of the ACWF in 1988. Nevertheless, in the aforementioned bulletin, this group was introduced as “comprised of comrades in positions of responsibility from units in the Department of Education, the Department of Health, the Planning Commission, the Construction Committee, the Agricultural Committee, the Ministry of Finances, the Ministry of Commerce, the Ministry of Civil Affairs, the National Bureau of Labor, the Civil Construction Bureau, the All-China Federation of Trade Unions, the ACWF, and the National Committee for the People’s Health, Sanitation, and Children. Apparently the group was jointly operated by various agencies and organizations in 1979, rather than on the initiative of the ACWF. Indeed, it also appears that there were debates occurring within ACWF cadres regarding how they should respond to the two statements issued by the CPCC in 1981. In her recollections, Luo Qiong expressed the situation in the ACWF at the time as having to “carry two burdens on one yoke”15. The “two burdens” mentioned here are women’s participation in production and the childcare issue. The former reflected a major interest in socialist women’s liberation, while the latter was the order issued by the CPCC in 1981. In her interview, Luo describes the situation as follows: There were two problems. Firstly, for the Women’s Federation, the priority issue had been the mobilization of women into production. To achieve the Four Modernizations economic development would have to be central, and so the Women’s Federations should have pursued this task. However, we were told to focus on the Children’s Project, so what would become of the relation between these two issues? Secondly, the children’s project had been one of the tasks of the Women’s Federation since before. Services enabling women to participate in production work usually develop alongside economic development. Previously, there had been a division of labor in the children’s project. The Department of Health had managed services for children under three years old, and the Department of Education had managed those for children over three years old. Now the ACWF was going to lead the whole children’s project, but we were not sure if we had the capability to take on such a project. Then Sister Deng Yichao (one of the earliest Communist activists, the wife of Zhou Enlai) 15 Luo and Duan, op. cit., 189. The Journal of Contemporary China Studies, Vol. 4, No. 1 28 encouraged us to have the courage to take on our great responsibility to nurture future generations. Sister Kang Keqing also suggested an image, that we would “pick cotton with one hand and cradle babies with the other”16. Luo’s narrative shows that the ACWF management, on receiving orders from the CPCC in 1981, decided to make the children’s project (“cradling babies”) an important concern at the same time as adhering to their objective to encourage women to participate in production (“picking cotton”). Here, we can see the linkage between the “two burdens” of the ACWF, which was the key concept of women’s policy at the time, and the double burden (of unpaid reproduction and paid production) which was the driving force in Chinese feminism in the 1980s and after. One reason for this is that the process of gendering of a “role” is apparent in the policy formation of the time. As we can see in Luo’s narrative, previously the childcare system in China had not been a matter of concern only for the ACWF but had been formed through the joint involvement of multiple ministries and organizations, starting with the Departments of Health and Education. However, the CPCC’s orders in 1981 singled out generational reproduction as the ACWF’s central concern. Meanwhile, the ACWF, which was on the receiving end of this turnaround, decided to address the issues of generational reproduction and of women’s participation in economic participation simultaneously. In other words, the issue of generational reproduction was not a burden that society bore equally, but was rather a matter concerning women. Secondly, I would like to draw attention to the fact that from this point on the ACWF dealt with the problem of the costs accompanying the childcare system. In actual fact, the problem of the costs of the generational reproduction had already been addressed in relevant discussions since the National Conference for the childcare project in 1979. For example, the conference bulletin describes the need to solve the budgetary issues of staff salaries, insurance etc. costs associated with childcare facilities as follows: There is currently a budget shortfall among the nurseries and kindergartens. In particular, nongovernmental urban nurseries and kindergartens are facing financial difficulty and this is having a serious effect on the development and improvement of their services. However, our country is currently undertaking various projects and there are limitations to the national budget. Therefore, we must be independent, deliver regeneration by our own efforts in the midst of hardship, and carry out various projects with a spirit of diligence. We must cooperate with the state, collectives, communities and individuals and use 16 Luo and Duan, op. cit., 189 The Construction of the Double Burden 29 various methods in order to solve the problem of cost provision. As I have already mentioned, the Ministry of Health and the Ministry of Education have played a central role in the construction of the childcare system in China. In the latter 1980s, the ACWF published a multilingual booklet entitled “Services for Children in China: A Brief Introduction” (hereafter referred to as “the booklet”) aimed at publicizing the children’s project abroad. It mentioned the existence of “nurseries and kindergartens in medium and large cities operated directly by the Department of Education and the Department of Health” and notes that “the facilities and personnel etc. conditions are excellent, and will serve as a model.”17 From this description, it is clear that even after the ACWF decided in 1981 to make the children’s project its central project, nurseries and kindergartens receiving financial support from the Department of Education and the Department of Health continued to operate. According to this booklet, in 1985 14,797,000 children were enrolled at a total of 172,262 kindergartens operated by the Department of Education. In the original bulletin published in 1979 too it mentions that, “regarding the costs of all ranks of kindergartens operated by the Department of Education and nurseries operated by the Department of Health, ... when determining guidelines for the fiscal year for education and health projects, all ranks of finance departments shall integrate such costs in advance,” and it seems that this policy continued at least throughout the 1980s. According to Nishiyama, however in the early 1990s the market economy grew, and as a result many of this type of kindergarten either closed or became privatized.18 What the National Conference for the Childcare Project in 1979 rather intended to achieve through its mention of costs was to enact a policy that removed smallscale childcare facilities which existed in many forms at the time as much as possible from the responsible control and financial support of the Department of Education and the Department of Health. In support of this, after the above reference to financial support for “all ranks of kindergartens operated by the Department of Education and nurseries operated by the Department of Health”, with regard to costs for nurseries and kindergartens for internal and external businesses and organizations’ laborers and staff it merely notes that, “each responsible unit shall settle its own affairs”. Regarding cost provisions for “urban non-governmental nurseries and kindergartens” which were “facing financial difficulty” it indicated several options: (1) Childcare fees will be paid by guardians of children; (2) Maintenance costs will be paid to nurseries and kindergartens by the unit to which the 17 ACWF. Zhongguo Ertong Gongzuo Jiekuang [Services for Children in China: A Brief Introduction] (year of publication and publisher unknown). 18 Nishiyama, op. cit. 30 The Journal of Contemporary China Studies, Vol. 4, No. 1 children’s guardians belong. Standards for maintenance costs will be determined by the local childcare supervisory organization according to the costs covered towards their own nurseries and kindergartens by the units owned by the whole people and the actual conditions on the ground; (3) Costs associated with opening fees, installation of large-scale equipment and house-fitting will be secured as the situation demands by the regional finance department from its own funds; (4) Regarding age-limit and early retirement of childcare staff, the principal unit of each nursery or kindergarten will settle the matter based on its economic situation. If difficulty arises applications for aid can be made to the regional finance department. Throughout the 1980s, there were more than a few cases of communitybased private nurseries receiving financial assistance from the government, as in (3) above. In the aforementioned booklet too, nurseries and kindergartens that are “privately run but receive public funds” are described as “convenient and welcomed by parents since community organizations build facilities using government funds and then operate them”. However, there were also “private” facilities that did not receive any public funds. The booklet introduces “public facilities governed by the Department of Health and the Department of Education” and “private facilities” such as community-based nurseries, as well as “individual facilities” such as “home-based nurseries” and daycares operated by individuals. It describes “individual facilities” as “run by young individual managers, retired teachers, and housewives who rely on their own resources. They use a wide variety of childcare methods, there are no age restrictions on enrollment, and parents can ask to have drop-off and pick up times suited to their working hours, so they are highly regarded by the public”. We can view the children’s project, which the ACWF undertook in response to instructions from the central government in 1981, as focused on the issue of how to manage these small-scale private facilities and secure and expand services for children’s education and childcare at the same time as keeping down financial costs. In order to further verify this point, in the next section I will conduct a more detailed consideration of the actual situation in Beijing in more detail while also exploring the children’s project, which the ACWF engaged in at the local level, and how cost problems associated with the “burden” of generational reproduction in the context of this development were handled. The Construction of the Double Burden 31 2. The ACWF and the Children’s Project in Beijing 1) The Socialization of Housework and “Home-based Nurseries” In urban China in the early 1980s, various attempts were made to solve the problem of balancing women’s production participation and reproduction of labor power. For example, the Beijing Women’s Federation established a brokerage agency for domestic workers known as the “March-Eight Housework Service” (Sanba Jiawu Fuwu Gongsi). This was designed to solve the urban social problem at the time of “job-waiting youth”, that is, youth awaiting employment opportunities, by allocating them employment as domestic workers at the same time as providing reproductive labor power to those struggling to balance housework and employment. This project was supported not only by the ACWF but also by intellectuals. For example, in an article of the magazine China Women, Fei Xiaotong, a prominent sociologist expressed his approval for the project.19 Previously, I have highlighted the policy debate on women’s labor at the time as a background factor for the ACWF launching this type of project at this point in time.20 In the 1980s the “Women Go Home” argument, which attempted to foster urban job creation by sending women back to the home, was advocated by fringe elements of the central government, and some voices even called for it to be reflected in policy. The leaders of the ACWF immediately made critical objections to this proposal. In this struggle, Luo Qiong in particular asserted that by encouraging the socialization of housework through the growth of tertiary industry, it would be possible to create new employment opportunities at the same time as improving the lives of urban residents. Luo actually supported the development of the domestic helper service. From this sequence of events, it becomes clear that the issue of who should shoulder the burden of reproductive labor and how was thrust to the foreground at the beginning of the 1980s. The “Women Go Home” policy recommendation suggested job creation through women’s return to the home at the same time as embedding the costs of reproductive labor in the household through the generation of unpaid housewives’ labor. The ACWF's projects aimed at the socialization of housework can be understood as negotiation by women over these costs. In promoting the socialization of housework, the ACWF also undertook projects 19 Fei Xiaotong “Yi Xiang Xin De Shiye” [A New Enterprise], Zhongguo Funü [China Women] (May, 1984): 4-5. 20 Fumie Ohashi, Gendai Chuugoku no Ijuu Kaji Roudousha: Nouson-Toshi Kankei to Saiseisan Roudou no Jendaa Porittikusu [Migrant Domestic Workers in Contemporary China: The Politics of Reproductive Labor in Rural-Urban Relations], (Tokyo: Ochanomizu Shobo, 2011) The Journal of Contemporary China Studies, Vol. 4, No. 1 32 other than the domestic helper service. From around 1980, the Beijing Women’s Federation organized retired workers, housewives and “job-awaiting youth” (daiye qingnian) from households which fulfilled certain conditions to operate nurseries in their own homes, or “home-based nurseries”. How were the facilities known as “home-based nurseries” run? We can gain a concrete picture of what they were like from materials published by the ACWF. Photograph 1 is the frontispiece from the aforementioned booklet. The photograph shows two elderly people, two infants and one baby, and the caption reads, “Home-based nurseries highly regarded by the public”. Clearly, one pattern of “home-based nurseries” was where retired people looked after a very small number of local children in their own homes. Photograph 1 33 The Construction of the Double Burden Number of Facilities Home-based Nurseries Average Number Number of children of Children Per at Facilities Family 290 2,200 7.59 Home-based Nurseries / Nursing Households 12,971 37,597 2.90 (Home-based Nurseries) (1,147) (25,529) (22.26) (Nursing Households) (11,824) (12,068) (1.02) 1988 /Home-based Nurseries Nursing Households 15,119 173,079 11.45 1989 /Home-based Nurseries Nursing Households 17,000 200,000 11.76 1980 1985 Table 1: Number of Children at Home-based Nurseries in Beijing Source: Beijing Difang Zhi Bianzuan Weiyuanhui [Beijing Local Chronicle Editorial Committee] Beijing Zhi: Renmin Tuanti Juan; Funü Zuzhi Zhi [Beijing Local Chronicle: Associations: Chronicle of Women’s Organization] (Beijing: Beijing Chubanshe, 2007): 398-399. Table 1 shows the trend in the number of children looked after in home-based nurseries, based on numerical data obtained from the official local chronicle of Beijing. According to statistics from 1983 referred to in the same publication, there were approximately 6,400 childcare facilities in the city of Beijing, including 284 “home-based nurseries”. There were 30,000 children using these facilities, and the average number of children per facility was 6.88 children. In comparison, due to the nature of childcare in individuals’ homes, the number of children in “home-based nurseries” shows a very small shift. The figures for 1985 show a dramatic expansion in the use of “home-based nurseries”, with the number of children per facility exceeding on average twenty children. However, due to the establishment during the same period of “nursing households”, where one or two children were cared for in an individual’s home, the total average number of children declined to 2.90 children.21 Besides being small-scale businesses, home-based nurseries had other benefits: “Immediate enrollment is possible; they will look after children from early morning to late night; there is no need to make children hurry or ride on crowded trains or carry them about in bad weather; in special circumstances they look after children overnight; they accept mentally retarded or disabled children at a 21 It is assumed that the size of “home-based nurseries” and “nursing households” differed, however, due to a lack of materials in this paper I am not able to suggest a concrete definition for each of them. The Journal of Contemporary China Studies, Vol. 4, No. 1 34 very reasonable price; the change in environment is small in the sense that it is from one house to another, so it is easy for children to adapt”.22 This increase in nurseries had a concrete effect on contemporary Beijing society, which was said to be “poor for childcare”. In Haidian district, as a result of the increase in “homebased nurseries”, the rate of utilization of childcare rose from 57% in 1983 to 82.72% in 1986.23 2) Cost Bargaining in Home-based Nurseries After 1983, the home-based nurseries project, which had been implemented experimentally since 1980, spread rapidly. According to “Beijing City Women’s Project Fifty Years,” edited by the Beijing Women’s Federation, in April 1983 the secretariat of the CPCC instructed the ACWF to further develop home-based nurseries and solve the childcare problem within three years. In response to these instructions, on April 22 the Beijing Women’s Federation proposed to the city communist party committee and local government that responsibility for the organization and management of home-based nurseries be handed over to the ACWF.24 After discussion in the Mayor’s Executive Conference, on May 19 the CPC Beijing Committee announced the direction for the construction of homebased nurseries in the form of passing on the ACWF’s proposal.25 The Beijing Women’s Federation’s proposal to the CPC committee and local government emphasized the reduction in financial costs due to the construction of home-based nurseries. The ACWF showed provisional calculations that, “In the case of public nurseries, to solve the childcare difficulties for more than 20,000 children, the government would need to provide more than 50 million RMB; however, even supposing that it contributed a 14 RMB subsidy per child, home-based nurseries would cost under 3 million RMB per year”.26 What sort of influence did the ACWF’s concern for finances apparent here have on the operation of home-based nurseries? The “childcare subsidy” mentioned in the ACWF’s proposal was not actually provided directly from the government to each childcare facility. Rather, it should be understood as an indirect social security benefit. On using home-based 22 Beijing Difang Zhi Bianzuan Weiyuanhui [Beijing Local Chronicle Editorial Committee] Beijing Zhi: Renmin Tuanti Juan; Funü Zuzhi Zhi [Beijing Local Chronicle: Associations: Chronicle of Women’s Organization] (Beijing: Beijing Chubanshe, 2007): 399. 23 24 Ibid., 399. “Guanyu Dali Fazhan Jiating Tuo’ersuo De Qingshi” [Proposal to further develop homebased nurseries], April 22, 1983. 25 Jing Fa (1983) 18 Hao Wenjian [Beijing 1983 Document No.18] . This explanation is based on Beijing Funü Lianhehui [Beijing Women’s Federation], Beijing Shi Funü Gongzuo Wushi Nian [Beijing City Women’s Project Fifty Years] (Two Volumes), (Beijing: Beijing Shifan Daxue Chubanshe, 1999): 364. 26 Beijing Difang Zhi Bianzuan Weiyuanhui, op.cit., 398. The Construction of the Double Burden 35 nurseries, workers could apply to their work unit for reimbursement for childcare usage. This is a concrete example of the provision of “maintenance costs” by guardian’s work units as suggested in the Bulletin of the National Conference for the Childcare Project in 1979. From the description in the Beijing Local Chronicle it is also clear how the costs of home-based nurseries were covered under the subsidy system. First, home-based nurseries were registered with the local Women’s Federation branch and women’s congress. By submitting a bill which had been stamped with the seal of the local women’s federation to the work unit to which they belonged, guardians of children could receive a “childcare subsidy” in accordance with the regulations of the Beijing City government.27 In other words, local women’s federations were dealing with the problem of costs of the children’s project by taking a comprehensive role in home-based nurseries in the form of managing childcare subsidies. From the 1980s to the early 1990s, the Beijing Women’s Federation rapidly issued at least five regulations and edicts in order to systematize the management system of home-based nurseries: “Some Methods for the Establishment and Management of Home-based Nurseries,” “Requirement for the Management of Home-based Nurseries in Beijing,” “Announcement of the Implementation of ‘Beijing Local Ordinance for the Management of Home-based Nurseries’ (trial),” “Beijing City Code for the Management and Usage of Maintenance Fee of Home-based Nurseries (trial),” “Some Opinions about the Reinforcement of the Management of Home-based Nurseries”. These documents clarified the requirements for nursery staff, equipment and childcare procedures, standards for nursery management systems, the amount of subsidy to be provided by a guardian’s work unit (20 RMB for daytime care and 24 RMB for all-day care for children over three years-old and 24 RMB for daytime care and 30 RMB for allday care for children under three years-old) and various other factors. By the end of the 1980s, demand emerged for increased improvement and specialization in kindergarten education, and home-based nurseries too began to place emphasis on qualitative control. In 1989, the Beijing City government issued regulations to manage the quality of home-based nurseries. Under this management structure, local departments of education and community organizations hired retired kindergarten teachers to conduct regular inspections of home-based nurseries. It was stipulated that inspections should cover areas such as the daily schedule, the weekly menu, whether the meals budget was being used appropriately, work responsibilities of childcare staff, hygiene control and so on. Under these circumstances, home-based nurseries, which had 27 Beijing Difang Zhi Bianzuan Weiyuanhui, op.cit., 398. 36 The Journal of Contemporary China Studies, Vol. 4, No. 1 previously been managed simply according to each household’s situation, began to invest in equipment. Some acquired items such as desks, chairs, beds, electric fans, television sets, refrigerators and so on, while others acquired toys, books, and musical instruments such as pianos, organs, accordions, electric organs, percussion instruments and tape recorders. Meanwhile, nurseries equipped with air-conditioning systems and bathrooms or offering classes in art, music or foreign languages also began to appear.28 However, when we consider that home-based nurseries were originally founded on the self-owned capital of housewives and retirees, we can imagine that there were cases where the owners of home-based nurseries were unable to bear the increase in cost burden in the late 1980s. Perhaps also due to this situation, in the early 1990s the number of home-based nurseries began to decline. In October 1992, the Beijing City financial bureau issued the “Notice on the Payment of Subsidy for Infants”.29 This notice announced the provision of an infant subsidy of 20 RMB to the wages of workers who were parents of infants between the ages of seven months and six years old. This subsidy would be provided regardless of whether the parents actually used childcare services. With the launch of this system, the previous system whereby childcare usage fees were collected through “subsidies” from work units was abolished, and parents had to pay for the cost of childcare directly from their household budget. After this institutional reform, local women’s federations that had managed the flow of funds for home-based nurseries by issuing the bills lost their access to the social security budget contributed by people-owned work units. After this, many home-based nurseries ceased to operate under the management of the women’s federations, and as a result they were left to their own devices. Moreover, as the service industry expanded into local neighborhoods many people began to convert their houses into other businesses. Thus, in the early 1990s, the number of users of home-based nurseries began to decline.30 Moreover, from this period onward, not only home-based nurseries but also childcare facilities in Beijing in general began to decline. According to Zhang Yan and Wu Ying, in Xicheng district there were fifty kindergartens in 1987, but by 1998 there were only twenty-five, and by 2002 there were only seventeen. In Dongcheng district there were twenty facilities in 1998 but by 2002 this number had decreased to twelve, and in Xuanwu district there were thirteen facilities in 1998 but by 2002 this number had decreased to nine.31 The result of the panel re28 29 Beijing Difang Zhi Bianzuan Weiyuanhui, op.cit., 399-400. Jing Cai Zong (1992) 1811 Hao [Beijing Financial Bureau 1992 Document No.1811]. 30 Beijing Funü Lianhehui, op.cit., 367-368. 31 Zhang Yan and Wu Ying “Beijing Shi Jiedao Youeryuan Fazhan Licheng De Huigu Yu Fansi” [Reflect on the Development of Community Kindergartens in Beijing], Xueqian Jiaoyu Yanjiu [Preschool Education Studies], (June, 2006): 38-41. The Construction of the Double Burden 37 search conducted in Beijing from 2004 to 2006 by Frontiers of Gender Studies (FGENS), Ochanomizu University shows that there was a considerable drop in the usage of childcare facilities among the young generation aged under 35 years-old at the time of the survey, while childcare assistance from both maternal and paternal relatives such as grandparents increased.32 We can assume that this change resulted from the shift from the subsidy distribution system which had existed up until the 1980s. Under this system, reproductive costs were covered through the “subsidy” paid by work units. However, in 1992 this system underwent a total collapse, and these costs were reallocated within the family in the form of a supplement to wages. However, a distinctive feature of the case in China is that in spite of this budget reallocation, the majority of women did not choose the option of returning to the home. According to the results of the panel research by Ochanomizu University, rather it was found that in Beijing dual-income households actually increased, and most women who were full-time home-makers were non-specialists with low education.33 We must pay attention to the fact that the situation in China following the reform and door-opening policy was completely different to the situation in post-war Japan or nineteenth-century England, when full-time home-makers appeared following the introduction of the male breadwinner-type household salary model as well as social policy which supported it. Detailed surveys and research are still required to find out why women in China with low academic records or lacking specialist skills become full-time homemakers. However, I suspect that many of them are engaged in irregular or intermittent informal employment which does not show up in official statistics, such as part-time domestic labor, station and street vendors and temporary help with businesses belonging to acquaintances. To summarize, after the reform and door-opening policy, the ACWF chose to follow the policy of “balancing the double burden” and fought to protect their key principle of women’s participation in labor production in the midst of the repeated occurrence of the debate over whether “Women Go Home” should be incorporated into official policy. The fact that the ACWF firmly adhered to this principle is considered to have resulted in the high number of dual-income households today. However, the problem of how to secure the costs of reproductive labor remains unsolved since the 1980s. In particular, it can be said that the costs of generational 32 Nobuko Nagase and Rieko Nagamachi, “Kazoku to Hoiku” [Family and Childcare], Kazoku, Shigoto, Kakei ni Kansuru Kokusai Hikaku Kenkyu, Chugoku Paneru Chosa, Daiichi Nendo Hokokusho [An International Comparative Study of Family, Work and Household Budget, China Panel Survey, First Year Report], (F-GENS Publications Series 11, 2005): 121. 33 Nobuko Nagase and Yumiko Murao “Shugyo Rireki” [Career History], Kazoku, Shigoto, Kakei ni kansuru Kokusai Hikaku Kenkyu, Chugoku Paneru Chosa, Daiichi Nendo Hokokusho [An International Comparative Study of Family, Work and Household Budget, China Panel Survey, First Year Report], (F-GENS Publications Series 11, 2005): 59-76. 38 The Journal of Contemporary China Studies, Vol. 4, No. 1 reproduction were ultimately imposed on the family, in many cases on women, through the abolition of the subsidy system for childcare usage. Conclusion Today, most feminist economic theorists share the view that certain costs inevitably accompany child-rearing and childcare, yet such labor is often performed as unpaid work by women. From this point of view, I would like to conclude my considerations in this paper by reviewing the children’s project undertaken by the ACWF in order to see the shifts that occurred in Chinese feminism in the 1980s. The ACWF recommenced its activities at the same time as the reform and door-opening period, and it originally envisaged aligning itself with the “Four Modernizations” through promoting women’s participation in productive labor. However, in 1981 they were ordered by the CPCC to focus on the Children’s Project as the central task for women’s policy. In other words, from this period onward, the ACWF was carrying the “double burden” of productive labor and reproductive labor. However, at the National Conference for the Childcare Project in 1979 it was decided to restrict government control and financial support for childcare. Under these circumstances, the ACWF chose not to promote public facilities under the jurisdiction of the Department of Education or the Department of Health, or welfare facilities for workers run by companies and organizations, or private local childcare facilities which were partially supported by local government. Rather, they promoted the development of “home-based nurseries” operated by retirees and housewives using their own resources. Home-based nurseries were maintained through the subsidy system by which children’s guardians applied to their own workplace for a subsidy, in other words, welfare expenses. At this point, local women’s federations had access to the budget system for reproductive costs by issuing the bills for using home-based nurseries. However, in the 1980s there was an increase in necessary management costs as investment in equipment and facilities became increasingly necessary as part of the drive to improve the quality of children’s education, and in the early 1990s, as market economization progressed, the subsidy system was eventually abolished. Under such circumstances, home-based nurseries went into decline and the number of childcare services users also decreased. Until the 1980s, it was deemed desirable that the burden of reproductive costs was partially shouldered by society. However, we can understand the 1980s as a period during which reproductive costs were increasingly being entrusted to women who functioned as individual The Construction of the Double Burden 39 units who lived through the family and family relationships. The phenomena of women speaking and writing about the suffering of the double role in the pages of Chinese Women and the attempts of Li Xiaojiang and other intellectuals to develop ideas based on the subject position of “women” emerged during this period of struggle over the burden of reproductive costs. Perhaps we can view the voices of the various women who raised their voices during this period in the development of Chinese feminism as voices of implicit criticism of the androcentric nature of political and economic structures which sought to conceal the very existence of these invisible costs. About the Author Fumie OHASHI has been an assistant professor at Graduate School of Asia Pacific Studies, Waseda University since September 2012. Previously, she was a postdoctoral fellow of Japan Society for the Promotion of Science (JSPS) (April 2010-August 2012) and a research fellow of Institute for Gender Studies, Ochanomizu University (September 2009-March 2010). Ohashi received her Ph.D. in China Studies and Gender Studies from Ochanomizu University in September 2009. She was a visiting scholar of Women’s Studies Center of Peking University from April 2011 to March 2012. Her research interests include migration and gender in China and East Asia, globalization of reproductive sphere, transnational feminisms in Asia. Ohashi’s publication Migrant Domestic Workers in Contemporary China: The Politics of Reproductive Labor in RuralUrban Relations (in Japanese, Ochanomizu Shobo, 2011) was awarded The 31st Yamakawa Kikue Award in 2011. Address: Graduate School of Asia Pacific Studies, Waseda University, NishiWaseda Bldg. 7F, 1-21-1 Nishi-Waseda, Shinjyuku-ku, Tokyo 169-0051 Japan Email: [email protected] The Politics of Drug Price Control Policy in China: Regulation, Deregulation and Re-regulation Sabirina LUK Abstract This study examines how the dynamic interaction of institutions, interests and ideas has shaped the drug price control policy in China over time. It argues that since the 1980s, the common interests of drug manufacturers, drug wholesalers, hospitals and doctors to seek profits have driven them to collude together, thereby making the drug price control policy ineffective. In order to stop collusion between these parties and reduce drug prices, this study suggests that the government should implement drug price control policy in coordination with other health care reforms. Health care reforms include implementing the zero-markup policy for drugs at hospitals, improving the remuneration system of doctors, improving the transparency and openness of centralized drug procurement system, cracking down on commercial bribery and rooting out malpractice in the pharmaceutical industry and hospitals. This study provides the most updated information about high drug prices and drug price control policy in China. Keywords Drug price control policy, pharmaceutical distribution system, regulation, reregulation, China Introduction In China, the government has been very concerned with high drug prices and the problems it brings in its wake. Unreasonably high drug prices have led to patients suffering from the problem of ‘difficult to see a doctor, expensive to see a doctor’ (kan bing nan, kan bin gui), the deteriorating doctor-patient relationship, the disappearance of essential medicines that are cost-effective and efficacious from 42 The Journal of Contemporary China Studies, Vol. 4, No. 1 the market, and an increased risk of overdrafts in medical insurance funds. The problem of ‘feeding hospitals by selling drugs’ (yi yao yang yi) is one of the main reasons attributing to high drug prices and leading to many households falling into poverty or falling back into poverty. In March 2014, Premier Li Keqiang said at the Twelfth National People’s Congress that “abolish[ing] the practice of compensating for low medical service charges with high drug prices”1 would be one of the key aspects of deepening health care reform in China. Indeed, the ongoing problem of high drug prices needs to be solved in order to achieve President Xi Jinping’s goal of providing affordable and accessible health care for all Chinese people. This study examines how the dynamic interaction of institutions, interests and ideas has shaped the drug price control policy in China over time and why the current drug price control policy is ineffective in reducing patients’ medical costs. It then discusses measures which can reduce drug prices and patients’ medical costs more effectively. 1. Analytical Foundations: Institutions, Interests, and Ideas A review of existing literature shows that there is the lack of study examining the development of drug price control policy in China. Meng et al. examined the impact of retail drug price control policy implemented in late 2000 on hospital expenditures in two Shandong hospitals by reviewing hospital financial records. They found that “[d]rug expenditures for all patients still increased rapidly in the two hospitals after implementation of the pricing policy.”2 Liang et al. compared the performance of drug price control in China with that of Japan and Korea. They found that China’s drug price regulation was ineffective because it could “neither provide incentives for physicians to prescribe cheap drug nor effectively restrain the stake-holders to avoid government regulation.”3 Sun et al. described pharmaceutical price regulation in China since the 1990s and found that regulated price decreases “had limited effect in controlling health spending growth.”4 1 The National People’s Congress of the People’s Republic of China, “Report on the Work of the Government,” (March 18, 2014), at <http://www.npc.gov.cn/englishnpc/Speeches/201403/18/content_1856703.htm> (search date: 12 May 2014). 2 Meng, Qingyue, Gang Cheng, Lynn Silver, Xiaojie Sun, Clas Rehnberg, and Göran Tomson, “The Impact of China’s Retail Drug Price Control Policy on Hospital Expenditures: A Case Study in Two Shandong Hospitals,” Health Policy and Planning, 20-3 (May 2005):185. 3 Liang, Xue-feng, De-quan Zheng, and Li-juan Yang, “The Dilemma of Drug Price Regulation and Countermeasures in China,” (2009), at http://www.umdcipe.org/conferences/policy_exchanges/conf_papers/Papers/1401.PDF (search date: March 4, 2014). 4 Sun, Qiang, Michael A. Santoro, Qingyue Meng, Caitlin Liu, and Karen Eggleston, “Pharmaceutical Policy in China,” Health Affairs, 27-4 (July/August 2008):1045. The Politics of Drug Price Control Policy in China 43 Huang and Yang used a macro-perspective to examine pharmaceutical price regulation policy in China and found that the policy was ineffective in reducing patients’ medical costs. However, these existing studies fail to explain why the drug price control policy is ineffective in reducing drug prices since the 1980s. Besides, they fail to indicate forces that have shaped the development of drug price control policy in China over time. In order to fill the research gap, this study uses the analytical framework of institutions, interests and ideas to examine the development of drug price control policy in China. “Institutions are the rules of the game in a society.”5 They include both “formal rules such as constitutions and laws enforced by the state”6 and informal constraints such as “routines, norms, and conventions intrinsic to the organizational structure of the polity.”7 Different institutional structures set different political rules of the game8 and create different sets of opportunities and constraints that privilege some interests at the expense of others, letting some political actors win while others lose.9 Institutions affect how political actors define their goals, interpret their self-interests and choose their strategies.10 Actors “have preferences, goals, and objectives.”11 They “devise strategies and tactics to pick the alternative that best enables them to satisfy their material self-interest.”12 They “try to opti5 North, Douglass C., Institutions, Institutional Change and Economic Performance (Cambridge; New York: Cambridge University Press, 1990), 3. 6 Kingston, Christopher,“Institutions: Rules or Equilibria?,” in Norman Schofield and Gonzalo Caballero, eds., Political Economy of Institutions, Democracy and Voting (Berlin, Heidelberg: Springer-Verlag Berlin Heidelberg, 2011), 14. 7 Hall, Peter A, and Rosemary C.R. Taylor, “Political Science and the Three New Institutionalisms,” Political Studies, 44-5 (December 1996), 938. 8 Shih, Mei-chiang, Milan Tung-wen Sun, and Guang-xu Wang, “The Historical Institutionalism Analysis of Taiwan’s Administrative Reform,” International Review of Administrative Sciences, 78 -2 (2012), 307. 9 (i) Thelen, Kathleen, and Sven Steinmo, “Historical Institutionalism in Comparative Politics,” in Sven Steinmo, Kathleen Thelen and Frank Longstreth, eds., Structuring Politics: Historical Institutionalism in Comparative Analysis (New York: Cambridge University Press,1992), 1-32. (ii) Hall, Peter A, and Rosemary C.R. Taylor, op.cit., 938. (iii) Immergut, Ellen M., “The Theoretical Core of the New Institutionalism,” Politics & Society, 26-1 (March 1998), 5-34. (iv) Thelen, Kathleen, “Beyond Comparative Statics: Historical Institutional Approaches to Stability and Change in the Political Economy of Labor,” in Glenn Morgan, John L. Campbell, Colin Crouch, Ove Kaj Pedersen, and Richard Whitley, eds., The Oxford Handbook of Comparative Institutional Analysis (Oxford; New York: Oxford University Press, 2010), 4162. 10 (i) Thelen, Kathleen, and Sven Steinmo,op.cit.,1-32. (ii) Koelble, Thomas A., “The New Institutionalism in Political Science and Sociology,” Comparative Politics, 27-2 (January 1995), 231-243.(iii) Hall, Peter A, and Rosemary C.R. Taylor, op.cit., 936-957. 11 Kopstein, Jeffrey and Mark Lichbach, “The Framework of Analysis,” in Jeffrey Kopstein and Mark Lichbach, eds., Comparative Politics: Interests, Identities, and Institutions in a Changing Global Order (Third edition) (Cambridge; New York: Cambridge University Press, 2009), 23. 12 Ibid., 23. 44 The Journal of Contemporary China Studies, Vol. 4, No. 1 mize their gains and minimize their losses.”13 The underlying interests pursued by actors or groups and their actions to further or protect these interests can affect policy outcomes.14 Ideas are “notions which link norms and values to practical action.”15 They “play a powerful role in shaping communication and information policies.”16 They help policy actors make sense of their world, their interests and their position within it.17 They “provide the basic cognitive template through which decision makers interpret complex problems and assess the validity of alternative policies.”18 They also help policy actors strategically craft frames to make policies politically plausible and acceptable.19 Ideas are “important sources of ‘actors’ preferences and of their decisions to exploit windows of opportunity”20 and hence, “policy change has a strong ideational component.”21 In sum, this study will demonstrate the dynamic interactions of institutions, interests and ideas in shaping the development of drug price control policy in China. 2. Methodology This study will adopt a case study approach to examine the development of drug price policy control in China over time. It is the preferred strategy when ‘how’ or ‘why’ questions are being asked about the subject of the inquiry22 and when the empirical inquiry deals with “the subtleties and intricacies of complex social situations”23 that “cannot easily be reduced to simple causal models or statistical 13 14 Ibid.,23. Dickson Clare, and Kent Buse, “Understanding the Politics of National HIV Policies: the Role of Institutions, Interests and Ideas,” (2008), at <www.hivpolicy.org/Library/HPP001555. pdf> (search date: 12 May 2014). 15 Alaszewski, Andy, and Patrick Brown, Making Health Policy: A Critical Introduction (Cambridge, UK: Polity, 2012), 208. 16 Galperin, Hernan, “Beyond Interests, Ideas, and Technology: An Institutional Approach to Communication and Information Policy,” The Information Society, 20-3 (2004), 161. 17 Béland, Daniel, and Alex Waddan, The Politics of Policy Change: Welfare, Medicare, and Social Security Reform in the United States (Washington, DC: Georgetown University Press, 2012), 8. 18 Galperin, Hernan, op.cit.,161. 19 (i) Campbell, John L., “Institutional Analysis and the Role of Ideas in Political Economy,” Theory and Society, 27-3 (June 1998), 380-381.(ii) Campbell, John L., “Ideas, Politics, and Public Policy,” Annual Review of Sociology, 28 (2002), 26-7. 20 Cortell, Andrew P., and Susan Peterson, “Altered States: Explaining Domestic Institutional Change,” British Journal of Political Science, 29-1 (January 1999), 189. 21 Béland, Daniel, and Alex Waddan, op.cit., 8. 22 (i) Yin, Robert K, Case Study Research: Design and Methods (Third edition) (Thousand Oaks, Calif.: Sage Publications, 2003), 1. (ii) Thomas, Gary, How to Do Your Case Study: A Guide for Students and Researchers (Los Angeles, Calif.; London: SAGE, 2011), 4. 23 Denscombe, Martyn, The Good Research Guide: For Small-scale Social Research Projects (Second edition) (Maidenhead, Berkshire: Open University Press, 2003), 38. The Politics of Drug Price Control Policy in China 45 tests.”24 The strength of the case study lies in its ability to study process25 and offer “a more rounded, richer, more balanced picture”26 “with many kinds of insights coming from different angles, [and] from different kinds of information.”27 This study will collect data through different sources in order to have a holistic account to the development of drug price control policy in China. It includes books, journal articles, reports from the World Bank, government websites, Chinese and English newspaper articles. Data collection through multiple sources can facilitate data validation28 and add rigour, richness, breadth and depth to the case examined. 29It helps provide a more complete picture of the development of drug price control policy in China over time. 3. Drug Price Regulation During Mao’s era (1949-1976) The People’s Republic of China (PRC) was founded on 1 October 1949 by the Chinese Communist Party (CCP) under the leadership of Mao Zedong. The CCP ensured its control over government operations and sustained the strong partystate by dominating and penetrating all levels of government from provinces, cities, counties to townships.30 Leading party cadres at various levels concurrently occupied the highest posts in local government institutions31 and established party cells within government entities to oversee all activities.32 The CCP’s adoption of “a hierarchical highly centralized political power structure”33 allowed political 24 David, Matthew, “Editor’s Introduction,” in Matthew David, ed., Case Study Research. Volume I., (London; Thousand Oaks, Calif: SAGE, 2006), XXVI. 25 Stoecker, Randy, “Evaluating and Rethinking the Case Study,” in Matthew David, ed., Case Study Research (Volume IV) (London; Thousand Oaks, Calif.: SAGE, 2006), 330. 26 Thomas, Gary, op.cit., 4. 27 Ibid., 4. 28 Denscombe, Martyn, op.cit.,38. 29 Denzin, Norman K., and Yvonna S. Lincoln, “Introduction: The Discipline and Practice of Qualitative Research,” in Norman K. Denzin and Yvonna S. Lincoln, eds., Handbook of Qualitative Research (Second edition) (Thousand Oaks: Sage Publications, 2000), 5. 30 (i) Townsend, James R, and Brantly Womack, Politics in China (Third edition) (Boston: Little, Brown and Company, 1986). (ii) Gu, Sharron, Law and Politics in Modern China: under the Law, the Law, and above the Law (Amherst, NY: Cambria Press, 2009).(iii) Guo, Xiaoqin, State and Society in China’s Democratic Transition: Confucianism, Leninism, and Economic Development (New York: Routledge, 2003). (iv) Duckett, Jane, The Chinese State’s Retreat from Health: Policy and the Politics of Retrenchment (Abingdon, Oxon: New York: Routledge, 2011). 31 Li, Cheng, “China’s Communist Party-state: The Structure and Dynamics of Power,” in William A. Joseph, ed., Politics in China: an Introduction (Oxford; New York: Oxford University Press, 2010), 166. 32 (i) Gu, Sharron, op.cit., 132. (ii) Duckett, Jane, op.cit., 14. 33 Saich, Tony, Governance and Politics of China (Second edition) (Basingstoke, Hampshire [UK]; New York: Palgrave Macmillan, 2004), 28. 46 The Journal of Contemporary China Studies, Vol. 4, No. 1 leaders to formulate policy behind closed door and make decision through a topdown approach. From 1949 to 1976, Mao was the unchallenged leader of his generation. His ‘lean to one side’ foreign policy towards the Soviet Union helped position the PRC “as a key member of the socialist bloc against the imperialist camp in the bipolar Cold War era.”34 Following the Soviet Stalinist development model, the Chinese government established a central planning system that emphasized “social ownership of the means of production.”35 All social resources were controlled by the central planning authority through the nationalization process.36 “[M]arket forces played virtually no role in organizing economic activity.”37 Under the central planning system, there was the establishment of a highly centralized pharmaceutical distribution system. The government strictly controlled drug approval, production, distribution and prices.38 It strictly controlled every layer of the pharmaceutical distribution system from drug manufacturing, wholesaling and retailing. State-owned drug manufacturers were responsible for producing all the drugs. The three-tiered drug wholesale stations which were also state-owned were responsible for drug distribution. The first-tiered drug wholesale stations distributed drugs to hospitals at the provincial level. The second-tiered drug wholesale stations distributed drugs to hospitals at the prefectural/municipal level. The third-tiered drug wholesale stations distributed drugs to hospitals at county and township levels. Following the guideline issued by the Central Pricing Commission, the Government Pricing Bureau at different levels determined the wholesale price of drugs.39 Drug manufacturer price was the cost of drug plus a 5 per cent profit.40 The firsttiered drug wholesale stations were allowed to add a 5 per cent markup over the drug manufacturing price. The second-tiered drug wholesale stations were allowed to add a 5 per cent markup over the first-tiered drug wholesale price. The third34 Cheng, Joseph Yu-shek, and Franklin Wankun Zhang, “Chinese Foreign Relation Strategies Under Mao and Deng: A Systematic and Comparative Analysis,” Kasarinlan: Philippine Journal of Third World Studies, 14-3 (1999), 96. 35 Saich, Tony, op.cit.,28. 36 Liou, Kuotsai Tom, Managing Economic Reforms in Post-Mao China (Westport, Conn.: Greenwood, 1998),9. 37 Tisdell, Clem, “Economic Reform and Openness in China: China’s Development Policies in the Last 30 Years,”Economic Analysis & Policy, 39-2 (September 2009), 272. 38 Huang Yanfen, and Yiyong Yang,“Pharmaceutical Pricing in China,” in Karen Eggleston, ed., Prescribing Cultures and Pharmaceutical Policy in the Asia-Pacific (The Walter H. Shorenstein Asia-Pacific Research Center, 2009), 206. 39 Dong, Hengjin, Lennart Bogg, clas Rehnberg, and Vinod Diwan, “Drug Policy in China: Pharmaceutical Distribution in Rural Areas,” Social Science & Medicine, 48-6 (March 1999), 782. 40 Zhou, Xue-rong, Zhonghuo yiliao iiage de zhengfu guanzhi yanjiu [The Study of Government Regulating Medicine Prices in China] (China: China Social Sciences Press, 2008), 121. The Politics of Drug Price Control Policy in China 47 tiered drug wholesale stations were allowed to add a 5 per cent markup over the second-tiered drug wholesale price. Hospitals which were non-profit work units after nationalization were allowed to add a 15 per cent markup over the thirdtiered wholesale price. The 15 per cent retail markup was used to compensate for the registration and consultation fees that were set below costs to ensure the widest possible access to basic health services. Patients only needed to pay low drug fees when they sought medical treatment at hospitals. For employees working in state-owned enterprises (SOEs) and the collective enterprises, they were the beneficiaries of the Labour Insurance Scheme (LIS) enjoying free outpatient and inpatient services financed by fiscal appropriations. For government employees and retirees, army veterans, university and college students, employees and retirees in the cultural, education, health and science sectors,41 they were the beneficiaries of the Government-funded Health Care Scheme (GHS) enjoying free medical treatment directly financed by the state budget.42 In sum, the highly centralized pharmaceutical distribution system was strictly controlled by the government and “lacked competitive mechanisms.”43 Drug manufacturers, drug wholesalers and retailers lacked economic incentives and motivation because they only followed the government’s plan to produce, distribute and sell drugs. Drug prices were strictly regulated and monitored by the government. 4. Drug Price Deregulation During Deng’s Era (1978-1997) Deng Xiaoping, who was the successor to Mao, came to power in 1978. He linked the CCP’s legitimacy “to the capacity of the leadership to deliver the economic goods,”44 thereby making economic modernization and opening China to the outside world central to the Party work. He denounced Mao’s egalitarianism 41 (i) Grogan, Colleen M., “Urban Economic Reform and Access to Health Care Coverage in the People’s Republic of China,” Social Science and Medicine, 41-8 (October 1995), 10731084. (ii) Cheung, Anthony, “Health Policy Reform,” in Linda Wong and Norman Flynn, eds., The Market in Chinese Social Policy (Houndmills, Basingstoke, Hampshire; New York: Palgrave, 2001), 63-87. 42 Liu, Gordan G., Peter Yuen, The-wei Hu, Ling Li, Xingzhu Liu,“Urban Health Insurance Reform: What Can We Learn from the Pilot Experiments?” in Aimin Chen, Gordon G. Liu, and Kevin H. Zhang, eds., Urbanization and Social Welfare in China (Aldershot, Hants, England; Burlington, VT: Ashgate, 2004), 38-62. 43 Yu, Xuan, Cheng Li, Yuhua Shi, and Min Yu, “Pharmaceutical Supply Chain in China: Current Issues and Implications for Health System Reform,” Health Policy, 97-1 (September 2010), 10. 44 Saich, Tony, op.cit.,241. The Journal of Contemporary China Studies, Vol. 4, No. 1 48 “as a dangerous notion that retarded economic growth”45 while embracing the ideas of marketization and efficiency. He transformed the PRC from a planned economy into a market economy through the implementation of economic reform. Firstly, market mechanism was promoted for resource allocation and distribution. Secondly, economic responsibility was stressed and material incentives were incorporated in the economic system “to stimulate people to work harder.”46 Payment was worked out “in accordance with the amount and quality of work done.”47 Thirdly, economic efficiency was promoted by reducing bureaucratic centralized management of the economy48 while giving greater autonomy to enterprise units “to decide what and how much to produce, and where to sell.”49 Enterprise units became responsible for their return of a profit or loss.50 Fourthly, a “diversity of enterprise forms was to be encouraged.”51 The implementation of economic reform greatly affected the development of the pharmaceutical distribution system and drug prices. Under the market economy, the pharmaceutical distribution system became more complex and competitive. The government’s decision to let market forces determine the prices of most drugs52 led to drug retail prices having double-digit growth from 1985-1996.53 Drug manufacturing enterprises could take many forms, including state-owned enterprise, collective enterprises, joint venture, and sole proprietorship. From 1980 to 1990, the number of drug manufacturing enterprises increased from about 800 to 1,761 in the PRC.54 Imported drugs also entered the drug market due to the opening-up policy. Since the late 1980s, drug manufacturing enterprises had recruited pharmaceutical sales representatives to promote and sell pharmaceutical products so as to survive in this competitive pharmaceutical market.55 Pharmaceutical sales representatives were incentivized to sell more drugs in order to meet sales targets and get more commissions. They used rebates 45 Ibid.,60. 46 Ibid.,242. 47 Tisdell, Clem, op.cit.,276. 48 Ibid., 276. 49 Saich, Tony, op.cit.,60. 50 Hsü, Immanuel CY, The Rise of Modern China (Sixth edition) (New York: Oxford University Press, 2000), 850. 51 Tisdell, Clem, op.cit.,278. 52 Zhou, Xue-rong, op.cit., 133. 53 Zhao, Bin, Liang Hai-lun, Zhu Ming-jun, Wang Hu-feng, “Yaopin jizhong zhaobiao caigoujizhi zhaobiaocaigou zhuti shezhi guilu shuping ---jiyu oumeng guojia butong yiliao baozhang zhidu shijian jingyan de zongjie,” [Centralized Drug Bidding System in China: Review Based on the Experience of the European Union], Chinese Pharmacy, 23-12 (2012), 1087. 54 Bao Sheng-yong, Yaofei weishenme zheme gao: dangqian woguo chengshi yaopin liutong de shehuixue fenxi [Why Are the Expenses for Drugs So High: A Sociological Analysis on the Drug Circulation of Urban China] (China: Social Sciences Academic Press, 2008), 79. 55 Bao Sheng-yong. The Politics of Drug Price Control Policy in China 49 – commonly known as ‘kickbacks’– to lure staff working in the Department of Pharmacy at hospitals to purchase and doctors to prescribe their drugs.56 They even used the ‘eat together, play together, travel together’ tactics in exchange for purchasing and prescribing their companies’ products.57 This sped up the chaotic situation of pharmaceutical distribution system. Meanwhile, the rigid three-tiered drug wholesale stations were abandoned. Drug wholesale enterprises also took many forms, including state-owned enterprise, collective enterprises and sole proprietorship. Drug distribution channels increased and drug manufacturers had freedom to choose drug wholesalers on their own. Until the establishment of the centralized drug procurement system in 2000, hospitals had freedom to purchase drugs from the wholesalers they liked. They were no longer restricted to purchase drugs from wholesalers in their regions.58 They could also purchase drugs from wholesalers in other regions.59 Under the economic reform, public hospitals ran like for-profit organizations. In the mid-1980s, the government adopted a cost recovery policy in hospital financing.60 Government subsidies decreased and “accounted for only about 10 per cent of average public hospital revenues.”61 Hospitals had to earn the remaining 90 per cent revenues from medical services and drug prescriptions.62 Meanwhile, the Ministry of Health gave hospitals substantial financial autonomy “to charge for their services and to sell drugs at a profit.”63 A bonus system was also introduced to reward “doctors based on the total monetary value of the prescriptions they wrote.”64 This drove doctors to generate “income for hospitals by aggressively prescribing expensive, and sometimes unnecessary, medicines and treatments.”65 According to China Health Statistics Yearbook 2008, the outpatient expenses per 56 Bao Sheng-yong, op.cit., 80. Xinhua News Agency, “Yisheng zipu yaopin huikou anliu,” [Doctor Discloses the Story of Kickbacks from Drugs] (April 26,2004.), at http://www.yn.xinhuanet.com/topic/2004/sshb/ wen/y11.htm (search date: April 16, 2014). 58 Bao Sheng-yong, op.cit., 83. 59 Bao Sheng-yong, op.cit., 83. 60 Pearson, Veronica, “Health and Responsibility; But Whose?,” in Linda Wong and Stewart Macpherson, eds., Social Change and Social Policy in Contemporary China(Aldershot, England: Avebury; Brookfield, Vermont USA: Ahgate,1995), 108. 61 The World Bank, “Fixing the Public Hospital System in China,” (2010), at http://siteresources.worldbank.org/HEALTHNUTRITIONANDPOPULATION/Resources/2816271285186535266/FixingthePublicHospitalSystem.pdf (search date: April 16, 2014). 62 The World Bank, op.cit., 23. 63 Ibid., vii. 64 Wang, Guanqun, “Hospital Management Bureau Opens in Beijing, Focusing on Public Hospital Reform,” (July 28, 2011), at <http://news.xinhuanet.com/english2010/china/201107/28/c_131015814.htm>(search date: Accessed May 11, 2014). 65 Tian, Ying, Gu Ye, and Ni Yuanjin, “China’s Health Reform Cuts Drug Prices, But Still Fights Pain,” (April 23, 2011), at <http://news.xinhuanet.com/english2010/china/2011-04/23/ c_13842651.htm>(search date: May 11, 2014). 57 50 The Journal of Contemporary China Studies, Vol. 4, No. 1 capita were about 11 Renminbi (RMB) in 1990.66 About 7.5 RMB was spent on drugs, accounting for 68 per cent of the outpatient expenses per capita.67 The inpatient expenses per capita were about 473 RMB in 1990.68 About 261 RMB was spent on drugs, accounting for 55 per cent of the inpatient expenses per capita.69 In 1995, the outpatient expenses per capita were about 40 RMB.70 About 26 RMB was spent on drugs, accounting for 65 per cent of the outpatient expenses per capita.71 The inpatient expenses per capita were about 1,668 RMB.72 About 880 RMB was spent on drugs, accounting for 53 per cent of the inpatient expenses per capita.73 However, drug expenditures only accounted for about 8.5 per cent of total health care expenditure in the United States and about 15 per cent in the United Kingdom in 1993.74 It shows that the problem of ‘feeding hospitals by selling drugs’ (yi yao yang yi) in the PRC was very serious. The self-funding interests of public hospitals weakened their social responsibilities75 while the profit-seeking interests of doctors hurt the interests of patients. 5. Drug Price Re-regulation since 1998 The dramatic increase in drug prices due to opening up the market and drug price deregulation led to great public dissatisfaction.76 In response to high drug prices, the government has implemented different measures to reduce drug prices. However, the results were not noticeable. From 1998 to 2013, the National Development and Reform Commission used price caps to reduce drug prices for 31 times.77 Unfortunately, most of the price-cut drugs which were inexpensive 66 Ministry of Health, Zhongguo weisheng tongji nianjian erlinglingba[China Health Statistics Yearbook 2008] (China: Peking Union Medical College Press, 2008), 96. 67 Ibid.,96. 68 Ibid.,96. 69 Ibid.,96. 70 Ibid.,96. 71 Ibid.,96. 72 Ibid.,96 73 Ibid.,96 74 AARP, “AARP European Leadership Study: European Experiences with Prescription Drug Pricing,”(2006), at <http://assets.aarp.org/www.aarp.org_/cs/gap/ldrstudy_prescdrugs. pdf>(search date: May 7, 2014). 75 The World Bank, op.cit.,6. 76 Li, Mingzhi, and Kai Reimers,“Streamlining China’s Pharmaceutical Distribution Channels,” in Karen Eggleston, ed., Prescribing Cultures and Pharmaceutical Policy in the Asia-Pacific (The Walter H. Shorenstein Asia-Pacific Research Center, 2009), 184. 77 Lu Zhi-lin, “Fagaiwei shiwunianlai disanshiyidao jiangyaojialing zuori luodi,”[The National Development and Reform Commission has Reduced Drug Prices for 31 Times ] Yang Cheng Evening Newspaper(January 9, 2013), at http://news.sina.com.cn/o/2013-01-09/093325992361. shtml (search date: April 16, 2014). The Politics of Drug Price Control Policy in China 51 essential medicines quickly disappeared from the market. Drug manufacturers, hospitals and doctors share the same interests of profit seeking. Once drug manufacturers find the price-cut drugs unprofitable to produce, they switch to produce other drugs which can earn more profits.78 Similarly, hospitals will not purchase price-cut drugs because prescribing these drugs will reduce the kickbacks for hospitals and doctors.79 Doctors will prescribe other expensive drugs as a substitute for price-cut drugs.80 Since 2000, the government has centralized medicine procurement, which requires hospitals “to place purchase orders for drugs only among the winning bids.”81 Its main purpose “is to control [drug] price and to ensure that hospitals use high-quality drugs.”82 In reality, however, implementing the centralized drug procurement system fails to reduce drug prices because of four main reasons. Firstly, drug manufacturers raise the bidding prices in order to create enough rooms for giving kickbacks to doctors.83 Secondly, “some drug makers and sellers bribed government officials and hospital staff in order to have their products listed in the purchase.”84 Thirdly, drug prices were “raised once they were listed for being purchased.”85 Fourthly, drug manufacturers use kickbacks to lure doctors to prescribe expensive drugs that are not in the centralized procurement system.86 In fact, the implementation of the centralized drug procurement system does not necessarily guarantee that drug prices can be reduced. For example, the median price ratio (MPR) of 14 brand-name drugs procured by public hospitals in Shanghai through the centralized drug procurement system was 5.48 times higher than the international reference price (IRP).87 The centralized drug procurement system malfunctions due to the collusion among drug manufacturers, drug wholesalers, hospitals and doctors. 78 Zhou, Suo-suo, “Yaojia nianjiang ershiqici shimin mei ganjue: yi jiangjia lianjiayao jiu shizong,” [Drug Prices Have Been Cut for 27 Times Within Seven Years, Citizens Had No Feelings: Cost-effective Drug Disappeared after Price was Cut] Guangzhou Daily (March 8, 2011), at <http://health.zjol.com.cn/05zjhealth/system/2011/03/08/017346568.shtml> (search date: 16 April 2014). 79 Ibid. 80 Ibid. 81 Li, Mingzhi, and Kai Reimers,op.cit.,186. 82 Ibid., 184. 83 Yu Pei-ming, li-li Song, and Shu-mei Yue, “Woguo yaopin jizhong zhaobiaocaigou cunzai de zhidu quexian,” [The Structural Flaws of the Centralized Drug Bidding System in China], China Journal of Pharmaceutical Economics, 4 (2010), 53. 84 Xinhua News, “China Issues New Rules to Curb Corruption in Government Drug Purchase,” (July 15, 2010), at <http://news.xinhuanet.com/english2010/china/2010-07/15/c_111959968. htm>(search date: 16 April 2014). 85 Ibid. 86 Yu Pei-ming, li-li Song, and Shu-mei Yue, op.cit.,53. 87 Ye, Lin, Guojia jiben yaowuzhengce yanjiu [Study on National Essential Medicine Policy in China] (China: Fudan University Press, 2009), 51. 52 The Journal of Contemporary China Studies, Vol. 4, No. 1 6. Discussion This study shows that the development of drug price control policy in the PRC goes through three stages: regulation, deregulation, and re-regulation. It is shaped by the dynamic interaction of institutions, interests, and ideas. The highly centralized political system with the strong influence of the CCP places Mao and his successors in an advantageous position to formulate policy without facing any political opposition. Ideologies affect the development of both drug price control policy and the pharmaceutical distribution system. Following the Soviet Stalinist development model, Mao favored the ideas of mass-based collectivism and egalitarianism, which led to the establishment of a highly centralized pharmaceutical distribution system. The production, distribution and pricing of drugs were strictly controlled and monitored by the government. Drug manufacturers, drug wholesalers and retailers lacked economic incentives and motivation because they only followed the government’s order to produce, distribute and sell drugs. When Deng came to power in 1978, he linked the CCP’s legitimacy to his ability to deliver the economic goods. He favored the ideas of marketization and efficiency, which led to drug price deregulation and the disorder of pharmaceutical distribution system. Under the economic reform, both the drug manufacturing and distribution channels increased. The increasingly competitive environment of the pharmaceutical distribution system drove drug manufacturers and wholesalers to use money or different means to build and maintain relationship with hospitals and doctors. At the same time, the government’s withdrawal of price control on drugs and its decision to let enterprises and hospitals become responsible for their return of a profit or loss drove drug manufacturers, drug wholesalers, hospitals and doctors to pursue the interests of profit-seeking. In response to the dramatic increase in drug prices, the government in the 1990s began to re-regulate drug prices. However, the results were not significant because of the collusion among drug manufacturers, drug wholesalers, hospitals and doctors. The goal of providing affordable and accessible health care for all Chinese people is not easy to achieve. In order to achieve this goal, the government needs to solve the problem of high drug prices first. It is important for the government to disconnect the interests of drug manufacturers, drug wholesalers, hospitals and doctors. To do so, drug price control policy should be implemented in coordination with other health care reforms. Since 2012, the pilot program of the zeromarkup policy for drugs has been implemented in some urban public hospitals in Beijing, Shenzhen, Zhejiang and Anhui provinces. Under the pilot program, The Politics of Drug Price Control Policy in China 53 public hospitals are prohibited from selling drugs at a 15-percent markup but are allowed to increase other fees or introduce new fees to compensate for their loss of drug revenues. For example, more than 1,500 drugs in Beijing are sold under the zero-markup policy.88 At the same time, a medical care service fee, from 42 RMB ($6.70 US dollars) to 100 RMB, depending on the qualifications of the doctors, was introduced to public hospitals in Beijing, to replace the original 5 RMB registration fee and 14 RMB consultation fee.89 But it is too early to tell whether the zero-markup policy is effective in reducing drug prices. This study suggests that the government improve the remuneration system of doctors. In 2009, a survey conducted by the Chinese Medical Doctor Association found that nearly 96 per cent of 6,000 doctors thought that “their income fail to reflect how hard they work and their true worth”.90 Raising the salaries of doctors can curb doctors from profiting by prescribing expensive or unnecessary drugs and in turn improve doctor-patient relationship. This study also suggests that the government improve the transparency and openness of centralized drug procurement system. It should crack down on commercial bribery and root out malpractice in the pharmaceutical industry and hospitals. Conclusion To conclude, the development of drug price control policy in the PRC is shaped by the dynamic interaction of institutions, interests and ideas. The common interests of drug manufacturers, drug wholesalers, hospitals and doctors to seek profits drive them to collude together, thereby making the drug price control policy ineffective. In order to stop collusion between these parties, the government needs to make unremitting efforts to implement drug price control policy in coordination with other health care reforms. This include implementing the zero-markup policy for drugs at hospitals, improving the remuneration system of doctors, improving the transparency and openness of centralized drug procurement system, and cracking down on commercial bribery and rooting out malpractice in the pharmaceutical industry and hospitals. It is hoped that these measures can help achieve the goal of providing affordable health care for all the Chinese people in the long run. 88 Zhu, Ling-zhi, “Yigai yaopin lingjiachenghou bixu shixian duoying,”[The Zero-markup Policy on Drugs Must Bring Many Benefits] Medicine & Economics Post (August 2, 2012), at <http://news.pharmnet.com.cn/news/2012/08/02/364426.html>(search date: April 16, 2014). 89 Shan, Juan, and Qingyun Wang, “Beijing to Test Hospital Reform” Xinhua News (May 25, 2012), at <http://news.xinhuanet.com/english/china/2012-05/25/c_131609852.htm>(search date: April 25, 2014). 90 China Daily, “Many Doctors Not Content with Pay,” China Daily (August 10, 2011), at <http://www.china.org.cn/china/2011-08/10/content_23178097.htm>(search date: April 16, 2014). 54 The Journal of Contemporary China Studies, Vol. 4, No. 1 About the Author Sabrina Luk is Associate Professor at the Faculty of Management and Economics, Kunming University of Science and Technology. She was awarded her PhD from the Department of Political Science and International Studies, University of Birmingham. Her research interests include heath care reforms, public policy analysis, e-government, public administration, institutional analysis and China studies. Dr. Luk is the Highly Commended Award winner of the 2013 Emerald/EFMD Outstanding Doctoral Research Awards in the Healthcare Management category. She is the author of the monograph called “Health Insurance Reforms in Asia” (New York: Routledge, 2014). Her articles appear in Public Administration and Policy, Public Personnel Management, and Government Information Quarterly. Address: Faculty of Management and Economics, Kunming University of Science and Technology, No.68 Wenchang Road, Kunming, 650093, Kunming, China Email: [email protected] The“ Institutional Space” of Civil Society in China: The Legal Framework of Civil Society Organizations Mei HUANG Abstract In order to adequately understand civil society in China, it is necessary to examine the different types of organizations that comprise civil society and the transformation of the legal system in which civil society organizations (CSOs) exist in China today. This article first presents a summary of the roles and relative positions of each type of CSO in the “institutional space” the Chinese government has allowed as it refers to the organizational “map” of Chinese civil society. Second, it shows how the Chinese Communist Party (CCP), with the aim of controlling and managing CSOs, established and maintained a strict control system from the formation of the People’s Republic of China (PRC) in 1949 until the end of the last century. Next, it further traces how the party-state, since becoming a member of the World Trade Organization (WTO) in 2001, has implemented systemic reforms regarding civil society in response to rapid changes in Chinese domestic society- yet one may interpret the series of legal reforms in recent years as a scheme for further incorporating civil society into the CCP’s ruling system. It concludes by stressing the importance of keeping an eye on the “institutional space” for the future development of civil society in China. Keywords Civil society organizations, the map of civil society, institutional space, legal system, authoritarian system Introduction It was after the founding of the People’s Republic of China (PRC) in 1949, with the goal of unifying its state and society, that the foundations were laid for a system to manage CSOs in China. At the time, mass organizations were considered peripheral organizations of the party-state serving a role as the sole 56 The Journal of Contemporary China Studies, Vol. 4, No. 1 channel for transmitting benefits between the state and society. Thereafter, with economic reform under way, there was gradual progress in political reform such as administrative institutional reform and decentralization. In the midst of such ensuing governmental and social changes, interests within society grew increasingly diversified, and individuals began to actively form organizations. There was a rapid increase in the number of CSOs in the 1990s with a greater variety of activities. Thus, China had joined the so-called “associational revolution.”1 But despite a demand for CSOs both economically and socially, because of the strict regulations set by the Chinese Communist Party (CCP) and government for CSOs, the “institutional space” as stipulated by law for CSOs remains limited. At the same time, in reality, there exist numerous CSOs outside the government’s legal system, such as grassroots NGOs, those registered as enterprises, and those unregistered. Therefore, the “actual space” with the inclusion of these CSOs covers a considerably larger scope than the “institutional space.”2 Despite this fact, in order to clarify the ideals, methods and limitations of the party-state’s control and management of its social domain, we must first focus on the institutional space where CSOs exist and understand its current situation. Yutaka Tsujinaka has indicated that the government imposes controls on CSOs, arguing that the government utilizes its public power via institutions such as legal, political and tax systems to directly regulate and control CSOs.3 Shinichi Shigetomi, as a result of his analysis on CSOs under authoritarian systems in Asia, has stated that an essential element is the system of control the government imposes on society in general, in addition to the attributes of CSOs as well as market supply and demand.4 From these perspectives, the legal system has dual aspects: it can give the government the ability to both promote and restrain the growth of CSOs. Shigetomi has indicated that under the authoritarian government system, political powers are more likely to regulate the existence and activity of CSOs. This article presents a comprehensive overview of the institutional space within which CSOs exist under China’s authoritarian system. First, it locates different 1 Lester M. Salamon, Partners in Public Service: Government-Nonprofit Relations in the Modern Welfare State (Maryland: Johns Hopkins University Press, 1995). 2 Yu Keping, Zhongguo gongmin shehui de zhidu huanjing [The Institutional Environment of Civil Society in China] (Beijing: Beijing University Press, 2006). 3 Yutaka Tsujinaka and Jae-Young Choe, “Rekishiteki keisei” [Historical Formation], in Yutaka Tsujinaka, ed., Gendai Nihon no Shimin Shakai・Rieki Danntai [Civil Society and Interest Groups in Contemporary Japan] (Tokyo: Bokutakusya, 2002), 255-286. 4 Shinichi Shigetomi, “Kokka to NGO” [State and NGO], in Shinichi Shigetomi, ed., Ajia no Kokka to NGO-15 Kakoku no Hikaku Kenkyu [Asian States and NGOs: Comparative Analyses on 15 Countries] (Tokyo: Akashi Press, 2002), 13-40. The “Institutional Space” of Civil Society in China 57 types of CSOs and the legal background of civil society in China today. More specifically, it summarizes the roles and relative positions of each type of CSO in the institutional space as it refers to the organizational “map” of Chinese civil society. Second, it shows how the CCP, with the aim of controlling and managing CSOs, established and maintained a strict legal system from the formation of the PRC in 1949 until the end of the last century. Third, it further traces how the party-state, since becoming a member of the World Trade Organization (WTO) in 2001, has implemented systemic reforms regarding civil society in response to rapid changes in Chinese domestic society. It traces the relaxation of legal regulations concerning CSOs made by the CCP and government in recent years as well as the limitations of such deregulation. At the same time, it points out how one may interpret the series of legal reforms in recent years as a scheme for further incorporating civil society into the CCP’s ruling system. Finally, this article concludes by stressing the importance of keeping an eye on the institutional space for the future development of civil society in China. 1. The Classification of Chinese Civil Society Organizations Chinese civil society incorporates many types of groups, such as mass organizations or people’s organizations (renmin tuanti), GONGOs (GovernmentOrganized Non-Governmental Organizations), community organizations (shequ), rural committees (cunmin weiyuanhui), residents’ committees (jumin weiyuanhui), grassroots NGOs whose activities are outside the legal system, international NGOs that are active in China as supplementary to social organizations (SOs, shehui tuanti), Non-Governmental and Non-Commercial Enterprises (NGNCEs, minban feiqiye danwei), and foundations (jijinhui) registered with the Ministry of Civil Affairs (MOCA). It is estimated that the total number of CSOs exceeds 11.05 million. Of these, 9.05 million are official CSOs registered as either mass organizations or those with MOCA. 58 The Journal of Contemporary China Studies, Vol. 4, No. 1 Figure 1: The Map of Civil Society of China (2011) Source: National Bureau of Statistics of China, “Zhongguo tongji nianjian” [China Statistical Yearbook] (Beijing: China Statistics Press, 2012); The Editorial Committee of China Social Organizations Yearbook, “Zhongguo shehui zuzhi nianjian” [China Social Organizations Yearbook] (Beijing: China Social Press, 2012); Census Center of National Bureau of Statistics, “Zhongguo jiben danwei tongji nianjian” [China Basic Statistical Units Yearbook] (Beijing: China Statistics Press, 2012); Mass Organizations and GONGOs’ website. It appears that there are between 2 and 2.7 million organizations not registered or affiliated with any of the various government bodies; such organizations include grassroots NGOs, second-level organizations (erji tuanti) that “hang under” (guakao) registered SOs and government organs, universities or state-run non-commercial public service units (shiye danwei). Using these numbers as a basis, there are 82.1 organizations per every 10,000 persons in China.5 Compared 5 The result of the figure of civil society associations per 10,000 persons = 11.05 million (CSOs registered with MOCA) + 2 million (the lower limit of grassroots NGOs and secondlevel organizations)/ 1347.35 million (National Bureau of Statistics of China, “Zhongguo tongji nianjian” [China Statistical Yearbook] (Beijing: China Statistics Press, 2012), 101. The “Institutional Space” of Civil Society in China 59 to the United States and Japan,6 China’s number ranks lower than both. Now, just what characteristics do these different types of Chinese CSOs have? Where are they located in the grand scope of China’s political and social position? In this section, these different types of organizations are juxtaposed in order to understand the form and scope of civil society in China. Social Organizations, Non-Governmental and Non-Commercial Enterprises, and Foundations Official CSOs registered with the Ministry of Civil Affairs are social organizations (SOs), non-governmental and non-commercial enterprises (NGNCEs), and foundations. At the end of 2011, these numbered more than 460,000 groups. These three types of CSOs are given a legal status as social organization corporations.7 SOs, NGNCEs and foundations have differing definitions and roles according to their formation type. First, among China’s official CSOs, those studied that most attracted interest from Chinese and overseas scholars alike are the membership organizations, or SOs formed by citizens in order to realize a shared objective. Although SOs were previously divided into four types – business, academic, professional and federations organizations, from 2007, MOCA introduced a new classification method, dividing SOs into 14 types: science, technology and research, ecology and environment, education, social services, culture, sports, law, commercial and industrial services, religion, agricultural and rural areas development, professional, international and overseas organizations, and others. Up until 2011, there were 254,969 SOs active nationwide.8 CSOs that perform public services are classified as NGNCEs. Their activity areas are the same as SOs and are divided into 14 classification types. Previously, NGNCEs activities were regulated by their professional supervisory agency or sponsor organization (yewu zhuguan danwe). From 1996, NGNCEs were incorporated as CSOs under the authority of MOCA and local bureaus. While public institutions (shiye danwei) were once the major organizations provider of public services, with the implementation of the “Provisional Regulations on the Registration and Management of Non-Governmental, Non-Commercial Enterprises” in 1998, NGNCEs became another type of organization responsible 6 According to statistics of the United States (1990-1994) and Japan (1996-1997), there are 872.6 and 223.7 organizations per every 10,000 persons, respectively. Yutaka Tsujinaka, ed., op.cit.. 237-238. 7 According to “The General Principles of the Civil Law of the Peoples Republic of China” (1986), legal entities were divided into four categories: enterprise, government organ, public institution and social organization. SOs,NGNCEs,foundations and mass organizations fall under the “social organization” classification. 8 China Social Organizations Yearbook (Beijing: China Social Press, 2012), 482. 60 The Journal of Contemporary China Studies, Vol. 4, No. 1 for public services. Today, NGNCEs provide a variety of social services, such as education organizations, health and hygiene facilities, welfare facilities, culture, sports and science facilities, and social consulting facilities. They exist as the kindergarten, the private school, the clinic, the nursing home, sports club, the employment agency and more. According to statistics in 2011, almost 204,388 NGNCEs registered with MOCA and its local bureaus.9 Previously, foundations belonged to the non-profit legal entity for the purpose of engaging in public undertakings through grants and donations. These foundations were regulated by registration with MOCA after an investigation by the People’s Bank of China, or via permission granted by their professional supervisory agency. But since 1999, legal reforms have been taking place that leave foundations’ registration and regulation under the uniform authority of MOCA. The number of foundations totaled 2,614 in 2011.10 Mass Organizations and GONGOs After the founding of the PRC, mass organizations were designated by the CCP to serve as organizations comprising the “transmission belt” between the state and society. Mass organizations include the eight peak organizations: the Communist Youth League of China (CYLC, Zhongguo gongcan zhuyi qingniantuan), AllChina Federation of Trade Unions (ACFTU, Zhonghua quanguo zonggonghui), All-China Women’s Federation (ACWF, Zhonghua quanguo funvlianhehui), All-China Youth Federation (ACYF, Zhonghua quanguo qinglian lianhehui), All-China Federation of Industry and Commerce (ACFIC, Zhonghua quanguo gongshangye lianhehui), China Association for Science and Technology (CAST, Zhongguo kexue jishu xiehui), All-China Federation of Returned Overseas Chinese (ACFROC, Zhonghua quanguo guiguo huaqiao lianhehui), and AllChina Federation of Taiwan Compatriots (ACFTC, Zhonghua quanguo Taiwan tongbao lianhehui). The mass organizations have had a “dual function” where on the one hand, they have a means of “absorbing” benefits and demands arising from society, functioning as a “tool” for motivating the people to establish socialism. At the same time, mass organizations have been a proven route for communicating and implementing the government’s policies within general society. Alternately, the CCP has granted mass organizations a unique political position; mass organizations have a representative seat in the Chinese People’s Political Consultative Conference (CPPCC) and are incorporated in the “bianzhi” system11 at 9 Social Organizations Yearbook, op.cit., 501. Ibid., 494. Bianzhi is a list of the authorized number of personnel, as well as their duties and functions in government administrative organs, the state-run non-commercial public service institutions. 10 11 The “Institutional Space” of Civil Society in China 61 the county level and above. Mass organizations use political resources and have constructed a broad organizational network all over the country, reaching 6.79 million in number in 2011.12 In addition to mass organizations, with the administration of the authorized State Council department, there exist social organizations, which are exempt from registration with MOCA. Although these types of organizations are not granted the same unique political position as mass organizations, most have been established under the chief guidance of the government and absorb the treatment of bianzhi. Therefore they maintain a close relationship with the government in personnel, financial, organizational management positions and in other aspects, fulfilling their role to support the government’s activities. As of the end of 2011, over 770,000 organization members and local-level organizations were maintained nationwide as registration-exempt social organizations.13 Groups such as the China Family Planning Association (CFPA, zhongguo jihua shengyu xiehui), Self-Employed Private-Enterprise Association (SEFEA, geti siying qiyejia xiehui), China Consumers’ Association (CCA, zhongguo xiaofeize xiehui) and All-China Sports Federation (ACSF, zhonghua quanguo tiyu zonghui) etc., as with MOCA-registered SOs, are allowed the appointment of retired government officials to positions of responsibility in their organizations. In return, The bianzhi system covers those employed in these organizations. 12 Source from mass organizations’ homepages and official media sites: CYLC: 3,590,000 groups (2013) http://news.xinhuanet.com/ziliao/2004-11/15/content_2220559.htm; ACFTU: 2,320,000 groups (2011) http://stats.acftu.org/template/10002/index.jsp; ACWF: 833,000 groups (2008): http://news.xinhuanet.com/newscenter/2008-09/24/content_10103660. htm; ACYF: 55 groups (2012): http://www.qinglian.org/YouthFederation/QinglianInfo/ qinglianInfo_0.html; ACFIC: 47,203 groups (2011): http://www.acfic.Orgcn/Web/ c_000000010003000100030003/d_11989.htm; CAST: 174,914 groups (2011); http://www. cast.org.cn/n35081/n35488/14019330.html; ACFROC: 14,000 groups (2006); http://news. Xinhuanet.com/politics/2006-09/18/content_5105678.htm; ACFTC: 30 groups (2012); http:// www.tailian.org.cn/n1080/n1190/index.html (searched date: July 19, 2013). 13 According to “Notice from Ministry of Civil Affairs on certain social organizations exempted from the registration of social associations” in 2000, the following 25 SOs are exempt from registering with MOCA: China Federation of Literary and Art Circles, Chinese Writers Association, All-China Journalists’ Association, Chinese People’s Association for Friendship with Foreign Countries, Chinese People’s Institute of Foreign Affairs, China Council for the Promotion of International Trade, China Disabled Persons’ Federation, China Soong Ching Ling Foundation, China Law Society, Red Cross Society of China, Chinese Society of Ideological and Political Work, Western Returned Scholars Association, Alumni Association of the Huangpu Military Academy, National Association of Vocational Education of China and 11 sub-associations and the provincial level associations of the China Federation of Literature and Art (China Theatre Association, China Film Association, Chinese Musicians’ Association, Chinese Artists Association, Chinese Ballad Singers Association, Chinese Dancers Association, China Society for the Study of Folk Literature and Art, China Photographers Association, Chinese Calligraphers Association, Chinese Acrobats Association, Chinese Television Artists Association (searched date:July 19, 2013). 62 The Journal of Contemporary China Studies, Vol. 4, No. 1 the government provides these SOs with financial support and transfers one part of authority to them. CFPA authorized to one part of administrative, and its staff covered by the bianzhi system. Therefore, CFPA operates in compliance with the family planning campaigns.14 Community The 1980s saw the beginning of community (shequ) construction with the collapse of the “work unit” (danwei). Based on official statistics, there were 160,352 nationwide in 2011.15 However, the concept of “community” in China differs from the meaning in the west, which is an aspect of distal-government. During its planned economy period, danwei offered “cradle-to-grave welfare provision,” which extended from childcare, school, clinics and the like to security administrative for state-owned enterprise (SOE) employment. Since the late 1980s, with the economic reforms many SOEs have had to go into bankruptcy, unable to sustain social welfare. Instead of danwei, CCP and the government started to realize the importance of community construction to China’s social stability and development.16 In 1986, MOCA first debated the issue of “community construction” in the urban community, hopeful that it would become a main provider of public services, offer protection for vulnerable groups and help maintain security. At the same time, CCP and the government are also proceeding with efforts to exercise control at the community level through party building. Generally speaking, under the CCP and government-designed slogan of “community construction,” community is both the provider of public services and a “tool” for controlling a distal society. Village Committees and Residential Committees The Constitution of 1982 stipulated, “residents’ committees and villagers’ committees established among urban and rural residents…are mass organizations of self-management at the grassroots level.” The “Organic Law of the Villagers Committee of the People’s Republic of China” (zhonghua renmin gongheguo cunmin weiyuanhui zuzhifa) was promulgated 14 He Jianyu and Wang Shaoguang, “Zhongguo si de shetuan geming: dui shetuan quanjingtu de dingliang muaoshu” [China’s Association Revolution: A Quantitative Description of the Association Panorama], in Gao Bingzhong and Yuan Ruijun, eds., Zhongguo gongming shehui fazhan lanpishu [Bluebook on Civil Society Development in China] (Beijing: Beijing University Press, 2008), 133-163. 15 China Statistical Yearbook, op.cit., 863. 16 Guo Dingping, “Shanhaishi no shaku kensetsu to toshi kisoshakai nokannri taisei kaikaku” [Administrative Reform of Rural Communities and Urban Resident Communities of Shanghai], Ajia Keizai [Asian Economic Affairs] (Sep 2003), 21-44; Qiusha Ma, NonGovernmental Organizations in Contemporary China: Paving the Way to a Civil Society? (New York: Routledge, 2006), 58-61. The “Institutional Space” of Civil Society in China 63 in June 1988, with a revision adopted in October 2010. The Law clearly stated that villagers’ committees were granted supervisory functions over elections, administrative decisions and village affairs. In actuality however, interference by the CCP at the village level does exist, and it is difficult for village committees to fulfill their roles as autonomous village-citizen organizations. Meanwhile, the “Organic Law of the Urban Residents Committees of the People’s Republic of China” (zhonghua renmin gongheguo chenshi jumin weiyuan hui zuzhifa) was established in January 1990. Therein, residential committees were designated as “mass autonomous organizations” at a distal society. It is stipulated that they receive guidance from the government, and that they support government activities. Further, it explicitly states that residential committees are to receive government funding for residential committees’ business activities, and that residential committees’ administrative offices are to receive government loans. Since the move toward a market economy, urban areas have become more fluid and complex, and dynamic changes have occurred. In the midst of such changes, the residential committees have been used as government “spokespersons,” and as instruments for maintaining stability at this distal level of Chinese society. In recent years, however, in a portion of community, there have appeared residential committees that lack the “proxy”-serving function from which residents benefit, while some other bottom-up CSOs have sprung up, established by residents themselves. At the distal level of political society, a wide assortment of CSOs exist in tandem, which has resulted in conflict between the state and society. Grassroots NGOs Numerous CSOs exist that are active as grassroots NGOs, and which do not meet the registration standards set under the strict legal system. These organizations are either registered as enterprises with the industrial-commercial administration bureau, or are still unregistered. Some grassroots NGOs, unable to register with MOCA as the legal entity of social organization, “hang under” registered SOs as second-level organizations. Clan organizations, public-service organizations in rural districts, independent organizations within communities in urban districts, underground religious organizations, and some international NGOs qualify as grassroots NGOs not able to register with MOCA. According to a report released by Jia Xijing, the scale of grassroots NGOs was between 2 and 2.7 million organizations in 2005.17 Grassroots NGOs are developing their activities in a variety of fields, including environmental protection, anti-poverty, gender, and support of socially 17 Jia Xijin, Di sanci gaige-zhongguo feiyingli bumen zhangyue yanjiu [The Third Reform: Strategic Management of the Non-Profit Sector in China] (Beijing: Tsinghua University Press, 2005), 9. 64 The Journal of Contemporary China Studies, Vol. 4, No. 1 vulnerable groups. Although grassroots NGOs are active outside of the CCP and the governmental legal system, they are linked with a rise in social awareness of associations in China’s “distal” society, and are working in areas not reached by the CCP and government. Thus they are fulfilling important roles in narrowing social stratification, with an ever-growing presence as an undertaker of social movements. Since grassroots NGOs have autonomy from the government, scholars have indicated them as the organizational type most closely resembling CSOs of the concept of UN. 2. The Legal System for Civil Society Organizations: From the Founding of the PRC to WTO The legal system, providing an indispensable environment for CSOs’ survival, is a critical element for the regulation and development of these organizations. What follows below is an overview of how the party-state’s orientation toward CSOs has changed along with its transforming legal system over time. The First Period: 1949-1978 After the PRC was established in 1949, the party-state implemented organizational rearrangements and readjustments according to its communist values, which would affect SOs. Some political and secret organizations that did not support the party-state’s values were banned as “reactionary organizations.” Those with obvious political tendencies were defined as democratic parties.18 Some other organizations representing the interests of the workforce, women, youth, students and other social strata were re-organized as mass organizations.19 After the campaign to clean up and reorganize SOs (qingli zhengdun), the central government published its “Provisional Measures on Social Group Registration” (shehui tuanti dengji zanxing banfa) in September 1950, thereby moving forward with its legal infrastructure concerning the formation of social organizations. The Provisional Regulations (1950) established registration regulations for SOs by type and by administrative organ; they also presented a Democratic parties are the Revolutionary Committee of the Chinese Kuomintang, the China Democratic League, the Chinese Peasants and Workers Democratic Party, the Jiu San Society, the China Zhi Gong Party, the China Association for Promoting Democracy, the China Democratic National Construction Association, and the Taiwan Democratic Self-Government League. All of them were founded before the founding of PRC. 19 Wang Ying, Zhe Xiaoye and Sun Bingyao, Shehui zhongjian ceng: gaige yu zhongguo de shetuan zuzhi [The Intermediary Level of Chinese Society: Reform and China’s Associational Organizations] (Beijing: Chinese Development Publishing Press, 1993). 18 The “Institutional Space” of Civil Society in China 65 specific list of organizations that would be exempt from registration procedures. Registered SOs included six types: mass organizations engaged in social activities, organizations for public services, art and literature organizations, academic research organizations, religious organizations and others recognized by law. At the same time, the Provisional Regulations (1950) introduced the level-to-level administrations system still in place today.20 Due to the rearrangement and reorganization of SOs and the implementation of a registration system, SOs independent from the party-state largely disappeared from Chinese society. China progressed with making state and society a uniform entity under the totalitarianism political regime. The CCP warranted control over local societies via the “work unit” (danwei) system and “people’s communes” (renmin gongshe). From 1966 to 1976, the Great Cultural Revolution took precedence and work related to the administration of SOs came to a standstill. The Second Period: 1978-1989 In December 1978, the Third Plenum of the Eleventh CCP implemented the “Reforms and Opening up” (gaige kaifang) policy. Economic modernization was made central to party-state work. In the process of maketization, many SOs were formed during this period at national and provincial levels, and SOs’ administrative management authority rested under the governmental agencies. But, with the administrative reform, most SOs became one type of quasi-government agency (er zhengfu) that allowed the appointment of retired staff and accepted financial support. At the same time, some became instruments for gaining money for the affiliated administrative agency. As a result, in 1988 MOCA assumed all administrative authority of SOs. After the Tiananmen Incident of 1989, the government published the “Regulations on the Registration and Management of Social Organizations” (shehui tuanti dengji guanli tiaoli). The regulations introduced and systematized the principles of a “dual management mechanism” (shuangcong guanli) and “anticompetition,” meant to help regulate organization-formation activities in the wake of the second Tiananmen Incident. In the Regulations on Registration (1989), the dual management mechanism refers to the management of SOs by two governmental agencies, registration and management, and ‘professional supervisory’ agencies. Firstly, SOs must obtain permission from a professional supervisory agency before being established and then are managed day to day by a professional supervisory agency and MOCA or its local bureaus. 20 The level-to-level administration principle means that one social organization shall register with and be administrated by different administrative levels according to the scope of its activities. 66 The Journal of Contemporary China Studies, Vol. 4, No. 1 The anti-competition principle advocates the prohibition of establishing SOs that are similar or of the same business scope at the same administrative level (national, provincial, or county) in order to prevent the ‘inefficient’ duplication of activities. By limiting the number of SOs by sector or region, the CCP initiated a system of interest representation to be known as “state corporatism.”21 Yet at the same time, with the General Principles of the Civil Law of the PRC (1986), the Chinese government introduced a system of legal entity to initiate the for-profit sector and non-profit ones. Government organs, public institutions and SOs formed a category of non-commercial organizations providing public goods. The Third Period: 1989-2000 From the 1990s, the CCP and government developed a legal infrastructure designed to normalize and regulate existing SOs as well as the registration of newly emerging CSOs. In 1998, the “Regulations on the Registration and Management of Social Organizations” were revised, which provided detailed stipulations concerning the definition of SOs, their character, establishment conditions, and penalties for illegal organizations. In addition to the principles of dual management mechanism and anti-competition were provisions regarding SO member numbers,22 lawful assets and sources of funding,23 full-time staff,24 and so on. Further, Regulations (1998) included details for those SOs exempt from registration with MOCA.25 Through this revision, each type of SO for which classification had until then been unclear was given a name, such as SO, mass organization or GONON. In addition to those for SOs, in 1998, the central government also published 21 Schmitter has devised a definition of state corporatism: “Corporatism can be defined as a system of interest representation in which the constituent units are organized into a limited number of singular, compulsory, non-competitive, hierarchically ordered and functionally differentiated categories, recognized or licensed (if not created) by the state and granted a deliberate representational monopoly within their respective categories in exchange for observing certain controls on their selection of leaders and articulation of demands and supports.” (Philippe C. Schmitter, “Still the Century of Corporatism?” in Fredrick B. Pike and Thomas Stritch, eds., The New Corporatism: Social-Political Structures in the Iberian World (Notre Dame, IN: University of Notre Dame Press, 1974), 93-94). Following the definition, many scholars quoted the system of interest representation after the reform era of China. 22 Possession of more than 50 individual members or 30 unit members; a total of more than 50 members are required. 23 Possession of lawful assets and sources of funding: a national social organization shall have a business fund of more than CNY 100,000, while a local social organization and a trans-administrative-district social organization shall have a business fund of more than CNY 30,000. 24 Possession of full-time staff for the organization’s business. 25 Those exempt from registering with MOCA were as follows. Namely, mass organizations, SOs exempted from registration according to the State Council’s permission, second-level organizations “hanging under” registered SOs, enterprises, public service units, etc. The “Institutional Space” of Civil Society in China 67 “Provisional Regulations on the Registration and Management of NonGovernmental, Non-Commercial Enterprises” (minban feiqiye danwei dengji guanli zanxing tiaoli), which provided details for registration and management activities. According to Provisional Regulations (1998), like SOs, NGNCEs must organize by the approval of a professional supervisory agency, 26 and then are obligated to register with MOCA and local bureaus. They, too, must follow the principles of dual management mechanism and anti-competition. To foster educational NGNCEs, the central government promulgated “The Regulations on the Implementation of the Non-State Education Promotion Law of the People’s Republic of China” (zhonghua renmin gongheguo minban jiaoyu cunjinfa) in 2002. Also those NGNCEs pursuing education-related issues would be entitled to tax deductions or exemption. As for foundations-related regulations, after implementation of the “Regulations on Foundations” (jijinhui guanli banfa) in 1988, the current “Regulations on the Management of Foundations” (jijinhui guanli tiaoli) were instituted. The Regulations (2004) details are specific regarding the definition of foundations,27 their character, classification, activities, tax incentives policies, and foundations’ internal governance. Like SOs and NGNCEs, foundations, too, are subjected to the dual management mechanism policy. For other foundations, the Regulations (2004) even stipulate an amount for the original funds.28 3. Deregulation and Its Limitations: New Developments since Joining WTO Since 2000, the CCP has been leaning toward a reform of its control system concerning CSOs. The reality is that to stay in power the CCP has to serve more pluralized interests in terms of policy-making within its own political system. More particularly, the CCP regime has been forced to change from an “omnipotent government”29 (quan neng zheng fu) to a “service-oriented government” in the 26 As professionalism is higher in NGNCEs than in SOs, their professional supervisory agency tends to take the form of a specialist government organization overseeing various sectors, including education, culture and literature, science and technology, physical education, labor, political administration, law and legal affairs, etc. 27 Foundations are divided into public foundations (gongmu jijing) and private foundations (fei gongmu jijin). Public foundations refer to foundations that can fundraise from the general public, as opposed to the latter ones which cannot. 28 The original funds of national public fundraising foundations should be no less than CNY 8 million; the original funds of local public fundraising foundations should be no less than CNY 4 million; the original funds of non-public fundraising foundations should be no less than CNY 2 million. 29 Omnipotent government means a government that as a decision-maker, investor, regulator 68 The Journal of Contemporary China Studies, Vol. 4, No. 1 midst of rapid social changes within China as well as China’s entry into WTO. In the social domain, the increasing public and philanthropic awareness of citizens has triggered the rise of a “new public movement,” the prime example of which is a campaign against the construction of a PX factory in Xiamen.30 Furthermore, such awareness has also given rise to the more active philanthropic movement known as “micro public welfare” (weigongyi). 31 Accordingly, the “actual space” of civil society has been spreading more widely than ever. Under these circumstances, it is inevitable that the party-state must amend its policy that favors pure, strict control as it can no longer cope with the reality of the tremendously changing society around it. CCP Government’s Policy How can the party-state incorporate basic social interests into its own political system? CCP and the central government policy aim to foster CSOs in three aspects: tax reform, participation in policy-making, and financial support. Firstly, CCP and the government reformed the tax law regarding public activities. For the purpose of encouraging the donation to and promotion of the development of public welfare undertakings, in 1999 the “Law of the People’s Republic of China on Donations for Public Welfare” (gongyi shiye juanzeng fa) was enforced. Based on this law, any enterprise or individual person that donates property for public welfare should enjoy preferential treatment in income tax levied on enterprises or individual income tax. After that, in 2008, the “Individual Income Tax Law of the People’s Republic of China” (geren suodeshui fa) was amended so that the part of income donated to education and other public welfare undertakings would be deducted from the amount of taxable income. Here it can be gathered that CCP and the government are making efforts through this reform to absorb private capital and resources in order to nourish their public welfare undertakings. In the 16th Central Congress of CCP of 2004, it was proposed that “social construction and control be strengthened, and that innovations of the social control system shall be pursued.” In the 17th National Congress of CCP of 2007, it was stated clearly, “As for social control, such is under the guidance of the Party and local committees, led by the government, in concert with society, and with the participation of the people; this comprises the social control mechanism.” Further, and supervisor is attentive to almost all of the political, economic and social areas. 30 In December 2007, the local government reportedly stopped the construction of a paraxylene (PX) petrochemical plant due to public pressure in Xiamen, Fujian Province. 31 “Micropublic welfare” (weigongyi) uses the Chinese version of “Twitter” called Weibo to call for public-welfare movements, and constitutes novel types of public welfare movements wherein cause-contribution funds are solicited and volunteer activities are performed. A representative example is the “Free Lunch Plan” for children promoted in the rural region of Guizhou Province by Liang Shuxin. The “Institutional Space” of Civil Society in China 69 within the “Working Rules of the State Council”(guowuyuan gongzuo guize) promulgated by the central government in March 2008, it is explicitly stated that administrative decisions are to be made on the basis of scientific, democratic procedures, and that, “when determining and implementing administrative policies related to the public interests, a public-hearings system will be employed, and opinions from society will be collected, and, before the State Council makes an important administrative-policy decision, via a variety of formalities, the opinions of the various democratic parties,32 social organizations, specialists, and citizens in general shall be collected.” Further, in 2012, a revised version of the “Civil Procedure Law of the People’s Republic of China” (minshi susong fa) was adopted. The revised Law introduced public-interest litigation for the first time, and CSOs were recognized as participants in public-interest cases. The central government also provides financial support for CSOs. In 2012, the government invested CNY two hundred million of the central budget chiefly in public services for off-farm workers (nong min gong), left-behind children, aged persons, and projects for the education and training of CSO staff working in western areas, which had never been done before.33 Also, Shanghai, Nanjing and other local governments are proceeding with the government purchase of public service in their contracting system. CSOs are now engaging in some public services to obtain government subsidies. Additionally, within central and local governments, an evaluation system for CSOs has been introduced, with the aim of finer differentiation of CSOs. In 2011, MOCA published the “Social Organizations Administrative Evaluation Methods,”(shehui zuzhi guangli pingjia fangfa) which introduced a new evaluation system (comprising comprehensive considerations of CSOs’ internal governance and activities) to be based on standard guidelines for CSOs that had been registered with MOCA for two years or more. CSOs participating in the evaluation activities were to be divided into five rankings, from 1A to 5A; CSOs ranked 3A or higher were given priority for receiving government purchases of public service contracts. Those foundations and public welfare-type SOs could apply for tax incentives. 32 Apart from the CCP (the ruling party), there are eight democratic parties in China.All of them were founded before the PRC. Multi-party cooperation and political consultation under the leadership of the CCP forms the basic political system in China. Cooperative relations between the CCP and democratic parties are based on the principle of “long-term coexistence and mutual supervision, treating each other with full sincerity and sharing weal or woe.” Democratic parties participate in the discussion and administration of state affairs under the organizational form of the CPPCC. 33 Ministry of Finance of the People’s Republic of China, Detailed Rules on the Project of Providing Central Budget Support for Social Organizations to Participate in Public Service (2012). 70 The Journal of Contemporary China Studies, Vol. 4, No. 1 Developments at the Local Level Even as the CCP and central government were creating a framework of legal revisions, local governments were also performing concrete reforms in their legal systems. Especially noteworthy is the steady progress being made at the local level in terms of trial reforms of the two basic principles previously stipulated for the establishment of CSOs, namely the dual management mechanism and anticompetition principle. Regarding reforms of the dual management mechanism, Shenzhen led the nation in launching its reforms. From 2004, beginning with reforms for the autonomy of business organizations, Shenzhen has continued to move forward on reforms of the CSO registration system. In 2008, three types of SOs – business organizations, social welfare organizations and public philanthropic organizations – became eligible for direct registration with local civil affairs bureaus. Meanwhile, since 2008, Beijing has been making exploratory efforts towards the introduction of “central-style supervision” (zhongshu guanli) as a substidtute for the dual management mechanism.34 In regard to the systematic principle of anti-competition, business organizations have been the chief target of reforms. Since 2008 in Shanghai, to move forward with the reform and development of business organizations, promotion has started for establishing multiple organizations engaged in the same business or industry within a single administrative district, as well as of establishing business organizations in differing administrative districts. In October 2009, Guangdong Province, too, published “Provisional Measures on the Registration of Business Organizations in Different Districts,” which authorized registration within Guangdong Province of regional and city-level business organizations that had already registered in another province. In addition, at the local level, for SOs that do not meet the criteria for establishment, certain regions have introduced a “Document Filing System” (bei an zhi). As early as 2005, MOCA had made mention of such exemption schemes in its “Notification on the development of Philanthropic Social Organizations.” 34 “Central-style supervision” is the administration of SOs by mass organizations or GONGOs,in lieu of a professional supervisory agency. Until December 2012,Beijing Federation of Trade Unions,China Communist Youth League Beijing Committee,Beijing Women’s Federation,Beijing Association for Science and Technology,Beijing Disabled Persons’ Federation,Beijing Returned Overseas Chinese Federation,Red Cross Society of China Beijing Branch,Beijing Law Society,Beijing Lawyers Association,China Association for Non-Government Education Beijing Branch,Beijing Federation of Industry and Commerce, China Council for the Promotion of International Trade Beijing Sub-council etc.,22 mass organizations and GONGOs have received the certification by Beijing Civil Affairs Bureau as the administrative agency of SOs,NGNCEs and foundations. The “Institutional Space” of Civil Society in China 71 Thereafter, in 2007, MOCA designated Jiangxi province, Beijing, Shengzhen, Hubei province and Jiangsu province as pilot test regions, implementing the promotion of such social organizations. The central government, upon consideration of the experiences of local governments, published “Notifications on the Establishment of Areas for Observing Reforms and Innovations of Social Organizations” in 2008, 35 which was to be linked with future CSO-related legal reforms, and designated “observation regions” including Shanghai, Shenzheng, Guangdong province, Yunnan province, Qingdao and the Xinjiang-Uygur Autonomous region. Here, various reform scopes were designated for observation: Shanghai and Shenzhen were comprehensive observation regions, Guangdong province was a business organization observation region, Yunnan province was an international NGO observation region, Qingdao was a local-level SO observation region, and the Xinjiang-Uygur Autonomous Region was a business organization registration observation region. For each observation region, the central government granted administrative discretionary powers regarding the performance of SOs’ administrative reforms and innovations.36 Nevertheless, it is necessary to note the fact that the series of relaxation policies described above are all carried out within the scope permitted by the CCP and government. It is thought that local governments will, to maintain the stability of distal politics and society, try to incorporate ever more CSOs into the system, and spur on reforms of administrative systems. Conclusion This paper has provided an overview of the legal system for civil society organizations as well as recent developments toward legal reforms in China. 35 Policy adjustments and trials between the central government and local governments were performed previously through designated “pilot test regions.” In other words, the local government carried out reform-related orientations and policies established by the central government. This time, in the midst of CSO system reform, a new method of designating “observation regions” was introduced. Concretely, in response to the actual state of economic and social affairs within each region, local governments would create an autonomous plan for reform and implement the policies while the central government observed, following and evaluating the results of those policy implementations. 36 For example, eight areas of Guangdong province (including Guangzhou, Zhongshan, Zhaoqing, etc.), divide specific tasks into sectors such as registration control of overseas organizations, evaluation of social organizations, farming village specialist economic associations, etc., and proceed with reforms for each area. Such policies are seen as attempts to seek reform and innovation schemes that meet the actual socioeconomic realities of each district in tandem with the reforms the central government has imposed at local levels. 72 The Journal of Contemporary China Studies, Vol. 4, No. 1 Under its authoritarian system, the CCP regime has put in place uniformly strict laws and regulations for CSOs. As a result, the party-state has and continues to successfully incorporate CSOs into its own ruling system by regulating and limiting the number of CSOs through its governing units. At the same time, the party-state’s ability to govern has been challenged as well. Since the turn of the century, a series of economic and social changes have occurred in China such as the deepening of the market economy, technological innovations, the diversification of information media and resources, and the acceleration of globalization. The CCP now stands at a crossroads: should it continue to take more CSOs under its direct control or should it allow those CSOs to be more autonomous? Upon closer inspection, it seems that the recent series of reforms have been driven by the deregulation of the legal-system and market principles, which would further indicate the CCP’s move to selectively place more CSOs under its direct control. Deciding to go forth with reforms, the central government has passed tax reforms, given financial support, and even promoted CSO-related system reforms within local areas. Although there have been certain positive results from these reforms, they have been limited to organizations within sectors fostered by the government such as business organizations, charitable organizations and community service organizations, among others. By classifying CSOs, the CCP and government can selectively offer financial assistance and implement the deregulation of those chosen. The introduction of the evaluation system, as it has been used by the CCP toward competitive mechanisms based on a market economy framework, has served to further differentiate CSOs. The expansion of the institutional space for these CSOs in China must continue to be examined. Changes in the way the party-state controls and administers its social sphere, and the path these different types of CSOs themselves follow as they grow are of marked importance for the future of civil society in China. About the Author Mei HUANG is a research associate at the Faculty of Humanities and Social Sciences, University of Tsukuba. She is also a part-time lecturer at Yokohama City University. She received her Ph.D. in political science from the University of Tsukuba in 2011. She has been analyzing survey data on civil society in China as a member of the Grant-in-Aid for Scientific Research (S) project, “A Comparative and Empirical Study of the Structural Changes in Politics and Transformations in Pressure Groups, Policy Networks, and Civil Society in Japan since 2009” (Group Leader: Tsujinaka Yutaka, Professor, University of Tsukuba, Graduate School of The “Institutional Space” of Civil Society in China 73 Humanities and Social Sciences). Her research interests include interest group politics, civil society and local governance in China. Her recent publications include “Institutions” in Tsujinaka Yutaka, Li Jingpeng, and Kojima Kazuko, eds., Civil Society and Interest Groups in Contemporary China (Tokyo: Bokutakusha, 2014), 85-109, “The Relationship between Social Organizations, the CCP, and the Government: Social Organizations’ Shrewd Strategy against the Party-State’s ‘Embedded Regulation,’” Ibid., 143-161, “The Activities of Social Organizations in the Political Process of China,” Ibid., 181-198, and “Non-Governmental and Non-Commercial Enterprises: Based on the Survey of Chinese Civil Society Organizations (2009-2011),” Ibid., 199-216. Address: Faculty of Humanities and Social Sciences, University of Tsukuba, 1-1-1 Tennodai, Tsukuba, Ibaraki 305-8577, Japan Email: [email protected] China and its Neighbors: Trade Leverage, Interdependence and Conflict Nabeel A MANCHERI Abstract Economically, China, ASEAN and other countries in the region are highly integrated. From an economic perspective, this is reflected in the rapid increase in trade and investment flows. As China grows fast and trade relations with its neighbours increase rapidly, the phenomenon may lead to a situation where China uses its trade strength against its partners as a political tool. Similarly, some of its trade partners may possess certain soft power against China by using trade as a potential leverage. This can be defined in terms of import strength or export strength of a particular country and its dependence on China. This paper tries to analyse how the import and export dependence among East Asian countries work as a potential leverage that is utilized for political gains and national power projections. It also tests whether trade dependence can avert military conflicts in East Asia or not. Keywords trade dependence, East Asian conflict, economic leverage China, Association of Southeast Asian Nations (ASEAN) and other countries in the region hold a unique status among the comity of nations as the most dynamic economies of the world though their development paths have been different. These countries are highly integrated economically. From an economic perspective, this is reflected in the rapid increase in the degree of integration through international trade and investment flows. China is the largest economy in the region, also the largest exporter and largest trading nation, followed by Japan, South Korea and India. Trade constitutes almost 50 per cent of the Gross Domestic Product (GDP) of all countries in the region barring the least developed countries from South 76 The Journal of Contemporary China Studies, Vol. 4, No. 1 Asia and ASEAN. This increased trade-GDP ratio has led to greater economic interdependence among East Asian countries while their political relations have been quite naïve in recent past. The security dilemma and the emerging balance of power in the East Asian Region can be analyzed by comparing economic strength of each state. The main argument in this paper is developed to test whether trade dependence can prevent military conflicts from escalation in East Asia or not. The present study tries to analyse how the import and export dependence among East Asian countries work as a potential leverage that is utilsed for political gains and national power projections. East Asia is stuck in a number of territorial disputes and there is possibility of miscalculations and military conflicts in the future.1 The East China Sea disputes among China, Japan and Korea or the South China Sea disputes among China and ASEAN members or the long and unsettled border problems between India and China are the major concerns to the peace and stability in East Asia. China’s assertiveness in East Asia by various means including economic coercion represents a security threat to other nations, who have contested claims in the region. China’s status can be interpreted as that of a regional power who’s military and economic capabilities far outstrip those of other states. China’s economic interests in the region are especially intermingled with China’s grand strategy. According to Goodman P. M of Center for Strategic and Internatoinal Studies (CSIS), economics and diplomacy are two sides of a same coin. One side represents diplomacy to promote exports, investment and other economic activities that contribute to a country’s prosperity; and the other side repprsents it as an an economic tool—from sanctions to trade negotiations—to shape the behaviour of other countries in support of a nation’s security and other foreign policy goals.2 Passive side of this proposition is that the economics or greater trade can deter the potential conflicts among countries. The conflict in the region could also be theoretically understood through a neorealist paradigm. In spite of increasing economic cooperation between the parties involved, the region is in a state of suspicion, which breeds tension, 1 China has unleashed a new wave of aggressive posture in the region started with the rare earth embargo to Japan in 2010 after a territorial incident in East China Sea and then the incidence such as de facto seizure of the Scarborough Shoal from the Philippines in 2012, declaration of an Air Defense Identification in 2013 over an area of the East China Sea, siege of the Second Thomas Shoal in the Spratlys in early 2014, construction of an airstrip on the Johnson South Reef, and the most recent naval skirmishes with Vietnam over Chinese deployment of Haiyang Shiyou 981 floating oil rig off the central coast of Vietnam, within Vietnam’s lawful Exclusive Economic Zone (EEZ), just 120 nm from its maritime baseline. 2 Goodman M P, “Economics as a Strategy”, Global Economics Monthly, volume 3, issue 1 (January 2014), 1 China and its Neighbors: Trade Leverage, Interdependence and Conflict 77 conflict and war. Robert J argued that “when there are believed to be tight linkages between domestic and foreign policy, the quest for security may drive states to interfere preemptively in the domestic politics of others”. Relationships between and amongst states are always characterised by uncertainty and suspicion, necessitating a security dilemma. States look to ensure security and survival through building up sufficient military capacity to assert sovereignty.3 He also mentions that if use of forces is too costly to the states, there would be fewer restraints on the use of nonmilitary instruments such as economic tools described in this paper.4 Further, states are primarily concerned with relative gains that is either maintaining or improving their positions relative to other states. Within this context, states seek to maximise their security. States maximise their security by increasing their relative power status in the international system. Balance of power politics emerges as a tool to contain conflict and as a consequence of the structural dynamics of the international system and also if the distribution of power and capacities between and amongst states varies significantly. Neorealists mostly associate bipolar systems with greater degree of stability than multipolar systems. The balance of power is critical and maintaining the balance contributes significantly to reducing the likelihood of war. There is also a collision between economics and security that pose a strategic challenge in Asia today. According to Feigenbaum, “the same countries that are trading, investing and growing together are beset by security tensions and dysfunctional diplomatic relationships”.5 Beijing’s long-term strategic intentions cast deep anxieties among other nations in the region despite China has become the top trade partner for many of Asia’s major economies. Yet, economic interdependence alone cannot serve as a conflict-mitigating mechanism. 1. Trade: A Conflict Mitigating Mechanism? Looking at the total trade of these countries reveals that China is the top importer as well as exporter from the region followed by Japan, South Korea and India. China also maintains a robust trade surplus which was equal to 177.3 billion euros in 2011. Singapore and South Korea are the two other countries in the region who have the trade volume over 500 billion and also have positive trade balance. Japan 3 Robert J., “Cooperation under the Security Dilemma”, World Politics, (Cambridge: Cambridge University Press 1978), vol. 30, no. 2, 167-214 4 Ibid. 188 5 Feigenbaum A.E, “Ten Trends That Will Shape Asia in 2014”, Article, Carnegie Endowment, (December 30, 2013). 78 The Journal of Contemporary China Studies, Vol. 4, No. 1 is the second largest exporter and importer in the region and has been maintaining a positive trade balance until recently. However, since last two years, the import has outperformed export with 42.7 billion trade deficit starting from 2011. India is the fourth largest trader from the region with huge trade deficit of 110 billion euros in 2011, making additional burden to India’s current account deficit which is close to six per cent of Indian GDP. Indian exports are about 16 per cent of China’s total exports, which is equal to 1.3 trillion. China is an export giant and ranked number one in world’s total exports since 2009, a huge climb from being number eight in 1997. Among the regional players, Vietnam, Malaysia and Singapore are more dependent on China for exports than others. The ratio of imports of these countries from China was 21 per cent, 10.1 per cent, and 14.8 per cent respectively in 2009. China’s imports from the region rose more swiftly than its exports to the region, which resulted in its growing trade deficit with East Asian countries. In 1997, China enjoyed a trade surplus of US$12.7 billion while in 2009, it had a deficit of US$275 billion from the region. As China grows fast and trade relations with its neighbours grow bigger, the phenominon may lead to situation where China uses its trade strength against its partners as a political tool or some of its trade partners may invoke trade interdependence as a deterrence agaist China. This national strength will be dependent on the import volume or export volume of a particular country. If a country is a large importer, it might possess power as a buyer. Power will increase with the size of the market in the importing country, or with the size of exports from an exporting country.6 Such power can sometimes be coercive if a large buyer suddenly uses the refusal of purchases as a threat for political concession from a target country.7 So in this sense, China has accumulated lot of strength that it can leverage upon other states from the region. Or one can explain the assertiveness of China in the South China Sea and in the East China Sea with the economic significance of the Sea, both in terms of energy and as a sea route seems to emerge as a major factor driving Chinese perceptions in the region. As expalnied by Matsuro, The idea that economic interdependence reduces the propensity for conflict is also deeply rooted in historical thought.8 In 1748, Baron de Montesquieu observed, “peace is the natural effect of trade. Two nations who differ with each other become reciprocally dependent; for if one has an interest in buying, the other has an interest in selling; and thus their union is founded on 6 Chen IT, “Balance of payments and power: assessing China’s global and regional interdependence relationship” International Relations of the Asia-Pacific, (Oxford University Press, 2014) doi:10.1093/irap/lcu00 7 Lampton, D.M., The Three faces of Chinese Power: Might, Money, and Minds, (Berkeley: University of California Press, 2008). 8 Mastro Oriana. S., “The Problems with the Liberal Peace in Asia,” Survival, Volume: 56, issue 6, (April /May 2014), 129-158. China and its Neighbors: Trade Leverage, Interdependence and Conflict 79 their mutual necessities”.9 Kant E, posited in his 1795 essay Perpetual Peace that international commerce, international institutions and democratic governance were necessary for world peace.10 The case for free trade in nineteenth-century Britain was argued on moral terms, specifically that free trade not only created economic prosperity but also would ensure peace to the empire.11 There are also paralels being drawn comparing the current situation in East Asia to early 20th century Europe. Britain and Germany went to war in 1914 even though they had close economic ties — much as China and Japan have now. Then, as now, there was a regional military buildup by Germany to become a naval power to compete with Britain, similarly what China is currently doing, competing with US and Asian countries. The argument is that economic interdependence may not prevent conflict under all conditions but may prevent from escalating to a full scale war. Understanding the complex connection between economic factors and conflict is not just an academic exercise; economic liberalism continues to shape critical military and security policies, especially that of countries like US and European countries. China is too moving in that direction. Some International Relations (IR) scholars argue that in recent decades in particular, the iternational system has undergone a change in the degree of interdependence as a result of globlisation. This economic interdependence affects international behaviour. However,academics have not reached a consensus on whether and how trade prevents conflicts. There are other factors beyond economics that can too influence a country’s behavoiur. For example, two countries may not fight because of factors such as their domestic political system like democracy, though they trade heavily or perhaps countries only trade heavily with countries they do not expect to go to war.12 2. Economic Dependence and State Leverage This section looks at the Chinese trade dependence on the region and Chinese ability to leaverage foreign policy and security decisions of other countries in the region by using trade as a tool. Gartzke E and Quan Li argue that interdependence 9 Montesquieu Baron de., “Of Commerce in Different Governments, of Laws in Relation to Commerce, Considered in its Nature and Distinctions”, The Spirit of Laws, book 20, Chapter four, (1748) 10 Kant E., Perpetual Peace: A Philosophical Sketch, (London: George Allen and Unwin LTD, 1795). 11 Trentmann F., Free Trade Nation: Commerce, Consumption and Civil Society in Modern Britain, (New York: Oxford University Press, 2008) 12 Mastro Oriana. S., “The Problems with the Liberal Peace in Asia,” Survival, Volume: 56, issue 6, (April /May 2014), 129-158. The Journal of Contemporary China Studies, Vol. 4, No. 1 80 is really complex. Economic linkages involve interactions at the systemic, dyadic, and national levels that are by themselves intricate. The political permutations of economic linkages further amplify complexity. By referring to Mansfield and Pollins, McMillan, Gartzke and Quan Li elaborate that how economics matters to political processes is ultimately an empirical question, but a question with significant analytical prerequisites.13 Therefore, to analyse the trade interdependence I, consider China’s trade, imports and exports with select Asian countries as well as each of these countries’ dependence on China for their exports and imports. I calculate the interdependence as the proportion of bilateral trade to each state’s total trade (trade share). Tradesharei = (imports ij + exportsij ) (importsi + exportsi ) = tradeij tradei The concentration of trade share in a single partner is argued to represent vulnerability and might be indicative of political manipulation. Trade share seeks to measure the political importance of a given trading relationship; relative to trade with a state’s other partners.14 China’s trade relations particularly with East Asian countries are manifold higher compared to other trade regions such as EU or North America. The figures reveals that Japan tops as the biggest trade partner of China from the Asian region, though both countries have been at logger heads over various political and boundary issues. South Korea is the second biggest trade partner of China with a total trade of 184 billion euros, contributing seven per cent of China’s total trade. India ranks fourth amongst the other Asian trade partners of China. While in case of India, China owns the top spot as the largest trading partner. China almost contributes to 1/10th of India’s total trade. A huge negative trade balance however, indicates that China’s exports to India are much greater than India’s exports to China. Hence, China serves as a better import market rather than an export one for India. 13 Gartzke, E.and Quan Li, “Measure for Measure: Concept Operationalization and the Trade Interdependence-Conflict Debate” Journal of Peace Research, 40 (5, 2003), 553–571. Mansfield, E. Pollins, B., “Interdependence and International Conflict: A Conceptual and Empirical Overview”, in Edward Mansfield & Brian Pollins, eds, New Perspectives on Economic Exchange and Armed Conflict. (Ann Arbor: MI: University of Michigan Press, 2003): 1–28 ; McMillan, Susan M. “Interdependence and Conflict”, Mershon International Studies Review, Volume 41-1 (1997),33–58 14 Gartzke, E.and Quan Li, “Measure for Measure: Concept Operationalization and the Trade Interdependence-Conflict Debate” Journal of Peace Research, 40 (5, 2003), 553–571. China and its Neighbors: Trade Leverage, Interdependence and Conflict 81 China’s all weather friend and ally, Pakistan, occupies the 10th position with the total trade of about seven billion euros, while India’s trade with Pakistan is just 1.5 billion. Comparing China with India, it is evident that China’s trade with Asian countries is much higher when compared to the trade of India or Japan. This is a crucial factor that will determine how events pan out in the Asian region with a growing economic clout of China. China’s dependence on the region for its trade is about 31.4 per cent of China’s global trade. Japan, Korea, India and all East Asian tigers including Vietnam are huge export markets for Chinese goods. As in the case of total trade, Japan, South Korea and India are the largest export market for Chinese commodities from the region. The combined market share of these three countries for Chinese commodity exports constitute about 15 per cent of China’s total exports. Figure 1: Chinese Exports to Asian Countries and Its Export Dependence in 2011 Source: Euro Stat, 2012 (http://ec.europa.eu/trade/creating-opportunities/bilateral-relations/statistics)/ China’s exports of 304 billion euros worth of commodities to the region constituted about 23.6 per cent of its global exports in 2011 and India depends on the region for about 25.6 per cent of its global exports. Though, this part of Asia is a huge market for China, the trade data shows that China’s contribution is comparatively low in the domestic markets of each individual country in terms of their total imports. Also for exports, China is much more dependent on advanced economies in Europe and America. China’s export to small economies of South 82 The Journal of Contemporary China Studies, Vol. 4, No. 1 and South East Asia is comparatively low. However, the recent trade facilitation measures by China show that it is working in the direction to improve its export market in smaller countries such as Nepal, Sri Lanka and Myanmar through various measures including financial assistance and investments in these countries. One way to interpret the data is, China does not have much leverage in its export to Asian countries that can be used to settle the political disputes or to bring peace in China’s favour. Particularly the individual countries in South East Asia cannot bargain with China as their imports from China are relatively weak. External export control is another way to flex muscles. The control can be powerful when the exports are strategic items or scarce natural resources. China used this tool as an informal embargo on rare-earth exports to Japan during the 2010 Diaoyu/Senkaku crisis. In this case, China used its dominant position in export to settle the political crisis. The confrontation between China and Japan in September 2010 over the detention of the captain and crew members of a Chinese fishing vessel by Japanese coastguard resulted in a number of retaliatory measures by China. The most controversial among them was the halting of shipment of rare earths and related material to Japan. This was a rare case of a country, taking an economic measure to solve a political dispute by using rare earth materials as a strategic weapon. 3. Case Study: Territorial Dispute in East China Sea and Rare Earth Embargo -2010 Even prior to this informal embargo on rare-earth exports to Japan during the 2010 Diaoyu/Senkaku crisis, Chinese experts and nationalist who are aware of the importance of REEs were anguishing over loss of China’s national wealth at low rates to its rival countries such as Japan, South Korea and Western countries. Xu Guangxian, China’s “Father of Rare Earths,” has been vocal to build up strategic reserves of rare earths in China. On November 02, 2009 in an interview to China Economy Times, Xu, complained publicly that Japan and South Korea have built up stockpiles, which are enough for 20 years of consumption by taking advantage of low market prices of Chinese over supply. He was pushing the government on policy issues and suggesting the major rare earth producers such as Baogang, Minmetals, and Jiangxi Copper to implement the stockpiling. He also criticised the government’s inability to prevent smuggling of Chinese natural resources to Japan, claiming that Japan gets approximately 20 per cent of its rare earths from China’s black market.15 15 Rare Element Resources Ltd., “Chinese rare earth expert calls for immediate stockpiling”, (November 3, 2009) http://www.stockhouse.com/companies/bullboard/t.res/rare-element- China and its Neighbors: Trade Leverage, Interdependence and Conflict 83 Rare earths were traded freely and at a discounted price on the global market before the mid-2000s. Since 2006, however, China-the world’s leading RE producer, gradually tightened export restrictions on Rare Earths. China has become the largest country of rare-earth deposits, producer, consumer and an exporter. There is a growing demand-supply gap because of dearth of any other major supplying nation. China’s imposition of export restrictions on several rare earth metals, on the grounds that it needs the higher quantities for its clean energy, and high-tech sectors, is squeezing an already starved market. The data shows that starting from 2006 China has started to restrict the export of these minerals and along with pushing the average price per kgs upward reaching at its peak of US$ 171.39 per kg in 2011. It was reported at that time, the average price of some heavy rare earths went up to 800 per cent. Though the price level has moderated currently, it would be difficult to reach at least the 2010 price level as China is strictly monitoring the production and consolidating the industry. Figure 2: Japan’s import of REs from China and the world (1990-2013) Source: UNCOMTRADE database 2014 The diplomatic standoff with Japan started with the arrest of Chinese fishing crew and the captain by Japanese coastguard on September 07, 2010. Initially, China was cautious and had taken a restraint approach mainly through diplomatic resources-ltd?postid=16449736 (searched date: August 18, 2013) 84 The Journal of Contemporary China Studies, Vol. 4, No. 1 channels and were expecting the release of its citizens as early as possible. In Beijing, the Foreign Ministry’s spokesperson Jiang Yu told the media that China was “seriously concerned over the Japanese action” and had “made solemn representations with Japan.” Jiang reiterated China’s historic claim to sovereignty over the area and demanded that Japan’s Coast Guard refrain from taking socalled “law-enforcement activities” in Chinese waters. It was reported that Chinese regulators urgently summoned the presidents of China’s rare earth companies to a secret meeting in Beijing. It was informed to the mining executives that the Chinese Government was about to halt all shipments of rare earths to Japan and if any of their companies stepped up shipments to another country instead, allowing reshipment of rare earths from that country to Japan, then the company would lose its export license, which could mean financial ruin. The assembled executives were also warned against speaking to the news media about the coming embargo. Chinese Government trade statistics later showed that exports of rare earths to Japan dropped to almost zero during the embargo, which continued for two months. In addition to telling companies to halt exports, the Chinese Government had also instructed customs officials to stop any exports of rare earth minerals to Japan. China’s customs agency had notified companies not allowing them to ship to Japan any rare earth oxides, rare earth salts or pure rare earth metals.16. However, a spokesman for the Chinese MOFCOM denied that any embargo had been imposed. Later, Chen Deming, China’s commerce minister, also dismissed that any embargo was in place, suggesting that the country’s rare earth exporters simultaneously developed feelings toward Japan that caused them to stop shipments. Mr Chen, the former governor of China’s Shanxi province which also produces rare earth minerals might have been aware of the importance of these minerals and the dependence of Japanese companies to Chinese supply. The action might have been taken by Chinese customs agents rather than as a formal trade embargo imposed by MOFCOM to give Beijing more negotiating room with Japan. Customs agency’s halt of exports of rare earths without calling it an export ban carried political and legal advantages to China during the crisis. Imposing an unannounced embargo would have allowed China to ratchet up the pressure gradually on Japan to release the detained boat captain.17 Most important, the incident also shows the well-connected networks 16 Bradsher, Keith, “World can’t restrain China on rare earth”, Deccan Herald, (March 19, 2012). 17 Bradsher, Keith, “China Is Blocking Minerals, Executives Say”, New York Times (September 23, 2010) China and its Neighbors: Trade Leverage, Interdependence and Conflict 85 among the state and state agencies; state owned and backed companies and private players. China’s rare earths industry has the backing of the state and the communist party. The dramatic use of export restrictions to score a boundary dispute reveals the principal strategic benefit China owns by rare earths monopoly. Chinese dominance of REEs in the world market is a critical example of China’s rise to the world power status, which is clearly the result of a long term strategic industrial policy. For China, geo-economic and geo-strategic competition remains closely linked and ultimately, the role of the state is to defend the ruling regime and enhance China’s comprehensive national power. The REE embargo episode had sent clear indication to the leaders around the world about growing doubt concerning Chinese real intentions and that a more powerful China might use its economic leverage or similar forms as a weapon. Given the critical reliance on rare earths for different military applications from missile to radars to satellites and promising new technologies, the exclusive reliance on China as a sole source of supply is a great risk. However, unlike in this case, Chinese capacity and willingness to use its economic strength to leverage political disputes may lead to countermeasures by other countries, which may not be in China’s long-term strategic interests. Figure 3: Chinese Imports from Selected Asian Countries and Dependence in 2011 Source: Euro Stat, 2012 (http://ec.europa.eu/trade/creating-opportunities/bilateral-relations/statistics)/ The Chinese action, involving rare earth minerals have escalated to a trade 86 The Journal of Contemporary China Studies, Vol. 4, No. 1 dispute involving the US, EU and Japan resulting a WTO ruling against China.18 Until recently, China typically sought quick and quiet accommodations on trade issues but the interruption in rare earth supplies is the latest sign from Beijing that Chinese leaders are willing to use their growing economic muscle. Chinese import from the region was about 434 billion in 2011, constituting about 35.2 per cent of its total imports showing a clear difference with export share. Chinese import figures are more apparent and appealing if seen from other individual countries’ perspective, which is exclusively dealt in next section. Japan ranks as the number one source of import for China from the region. China’s imports from South Korea and Malaysia are also considerably high. China’s import suggests that China is overly dependent on countries like Japan, Korea, Malaysia and Thailand. Chinese import from other countries in the region constitutes less than three per cent of its total imports. China’s import from India stands at seventh position even below the smaller countries of the region such as Thailand, Singapore and Malaysia. The pure economic perspective suggests that China’s role in the region is one of complete dominance. Moreover, it turns out that China is a valuable importer to the region and a big exporter to the Western world. In developing strong bilateral ties with almost all countries in the region, China has stamped its authority and will now look ahead and try to consolidate its position. 4. Trade Dependence of Selected Asian countries on China Unlike the previous case of China’s trade dependence, here I examine the trade dependence of select Asian economies on China. This is the most important matrix which gives a perspective of trade dependence of the Asian countries on China. The data reveals that any escalation of conflict in the region will be more damaging to these countries in relative trade terms than to China because of their trade dependence skewing towards China. China has become the number one export and import partner for many of these countries replacing either the US or Japan in recent years. As shown in Figure 4 ASEAN’s trade share to the US and EU has continuously reduced since 2000 and on the contrary China’s share has increased by leaps and bounds. From the trade data, it can be inferred that in case of any conflict between China and Japan, most countries in the region would take a neutral position 18 Mancheri N, “ Does the WTO ruling against China on rare earths really matter?, East Asia Forum (October 30, 2014), http://www.eastasiaforum.org/2014/10/30/does-the-wto-rulingagainst-china-on-rare-earths-really-matter/ China and its Neighbors: Trade Leverage, Interdependence and Conflict 87 fearing the risk of loss of billions worth of trade. However escalation of any conflict between China-Japan or China-South Korea over territorial disputes is remote as China has become the leading trade partner for these countries and China would be in a position to leverage this trade strength to influence the behavior of its trade partners in favour of China. The export dependence of these countries on China is remarkable as around 26 per cent of Japan’s total exports and 31 per cent of Korea’s exports go to China. These two biggest economies in the region also depend on China for about 18 per cent and 17 per cent of their imports. The crucial question is will any of them bet on these huge trade volumes over these tiny islets in East or South China Sea? As the developed countries in the Western hemisphere are in economic doldrums with declining demands in their imports, importance of emerging countries like India, China and ASEAN will increase many folds, making the conflict escalation too costly affair to afford. It is also evident that many countries in the South East Asian region largely depend on China, close to a quarter of their total trade, either originate or flow towards China, even though political relations have been going southward. Japan Total trade with China 257,750.6 Share of exports to China 26.41 Share of imports from China 18.57 South Korea 184,504.6 31.58 17.07 Malaysia 67827.4 29.61 16.36 India 56129.7 6.3 12.1 Thailand 48,834.5 18.43 12.19 Indonesia 45,695.9 16.70 17.72 Singapore 47,565.2 7.36 10.76 Philippines 24,326.5 41.06 26.71 Vietnam 30,320.4 12.87 31.82 Pakistan 7966.3 8.83 17.52 Bangladesh 6,228.2 2.38 23.14 Myanmar 4,904.9 21.88 37.29 Sri Lanka 3,861. 1.12 15.40 Nepal 989.4 1.66 27.21 Countries Table 1: Trade dependence of Select Asian countries on China (Million Euro) Source: Euro Stat, 2012 (http://ec.europa.eu/trade/creating-opportunities/bilateral-relations/statistics) The Journal of Contemporary China Studies, Vol. 4, No. 1 88 Xij ∑ Xiw Column-3 = ×100 ij (Country i’s export to country j divided by country i’s total exports to the world multiplied by 100) Column-3 = Mij ∑ Miw ×100 ij (Country i’s import from country j divided by country i’s total imports from the world multiplied by 100) Figure 4: China becomes ASEAN’s Largest Trading Partner Source: Authors calculations on the basis of UNCOMTRDAE data base Will this huge trade dependence between China and other countries in the region prevent conflicts from escalation? Some scholars argue so. For example, Richard Katz argued in Foreign Affairs that the conflict between China and Japan over the Senkaku did not escalate to a war because of ‘mutual assured production,’ or China needs to buy Japan’s products as much as Japan needs to sell them.19 Japan’s total trade with China has tripled since 2000 rising by 30 per cent year-onyear to more than $300 billion; from 1995-2001, increased shipments accounted for 45 per cent of overall growth in Japanese exports. Both China and Japan share a mutual trade relation as 60-70 per cent of goods imported by China from Japan 19 Katz R., “Mutual Assured Production”, Foreign Affairs, 92-4 (July/August 2013), 18-24. China and its Neighbors: Trade Leverage, Interdependence and Conflict 89 comprises of machinery used to make China’s own exports.20 Trade dependence also means that if one country overly depends on another either for exports or imports, it may give the rival a wedge in strategic matters. For example, Philippines a staunch US ally in the region with an unresolved territorial dispute depends on China for 41 per cent of its total exports and 27 per cent of imports. In spite of heightened tensions over territorial disputes in South China, culminating in prolonged standoff in Scarborough Shoal, trade between the Philippines and China grew by 32 per cent in 2011, reaching 30 billion in 2012. Whereas Philippine’s export to the US was about 10 per cent of its total exports and imports was just about 6.4 per cent of its total imports. This over dependence of Philippines for its exports on China particularly agricultural products has proved to be a disaster. Since 2009, Chinese vessels have been involved in aggressive behaviour in the South China Sea. The activities such as Chinese patrol boats attempting to ram a Philippine vessel and the April 2012 standoff between the Philippine patrol vessels and Chinese surveillance ships have been seen as a deliberate campaign of coercive diplomacy in the South China Sea. Moreover, China also resorted to economic measures to punish the Philippines for perceived encroachment in the Scarborough Shoal standoff. Chinese authorities kept-off Philippine bananas from entering China, allegedly due to pests, and began slowing inspections of papayas, mangoes, coconuts, and pineapples from the Philippines. Chinese mainland tourist agencies stopped sending groups to the Philippines, which as the third largest source of tourists, was a great blow to Manila.21 5. The Relative Degree of Trade Intensity between China and Asian Countries The Relative Degree of Trade Intensity (RDTI) Index represents the strength of the trade ties between the two countries. The RDTI is a measure of county i’s relative share in country j’s import market or vice versa. For example, in the case of China’s trade with Asian countries, it implicitly benchmarks China’s trade performance in Asia against those of China’s trade competitors. The bilateral export/import intensity index is found by adjusting a country’s export ratio by means of the relative importance of its exports to the total imports of another country. The index was used by Kojima K (1964) and Drysdale P and Garnaut R (1982). To investigate the bilateral trade intensity of select Asian countries with 20 21 Ibid.,22 Mastro Oriana. S., “The Problems with the Liberal Peace in Asia,” Survival, Volume: 56, issue 6, (April /May 2014), 129-158. The Journal of Contemporary China Studies, Vol. 4, No. 1 90 China and vice-versa, the study uses three different proxies for bilateral trade intensity, following Frankel and Rose (1998):22 Where Xij is country i’s exports to country j Xi is i’s total exports Mj is j’s total imports Mi is i’s total imports, and Mw is total world imports. An RDTI of 1.0 indicates country i is doing relatively better than its trade competitors in country j’s market; an index number below 1.0 suggests country i’s trade competitors are out performing in country j’s market. An index number greater than 1 also indicates that the two nations have a comparatively strong trade relationship. Coun- CHN tries JPN ROK MAS IND THA IDN SGP PHL VNM PAK BGD LKA NPL CHN 2.06 2.08 1.48 0.91 1.30 1.15 0.99 1.50 1.80 0.94 1.50 0.53 0.55 -- JPN 2.06 -- 1.99 1.98 0.46 2.66 2.80 1.16 2.36 2.30 0.60 0.69 0.48 0.22 ROK 2.08 1.99 -- 1.36 0.87 0.93 2.10 1.71 1.88 2.81 0.65 1.33 0.47 0.13 MAS 1.48 1.98 1.36 -- 1.19 3.86 3.95 7.38 2.12 2.84 2.53 2.09 1.31 1.02 IND 0.91 0.46 0.87 1.19 -- 0.77 2.26 1.48 0.46 1.08 1.39 4.35 6.24 7.94 THA 1.30 2.66 0.93 3.86 0.77 -- 2.83 2.55 3.32 4.20 1.07 1.73 1.49 0.98 IDN 1.15 2.80 2.10 3.95 2.26 2.83 -- 6.70 2.50 1.94 1.47 2.88 1.60 0.10 SGP 0.99 1.16 1.71 7.38 1.48 2.55 6.70 -- 4.98 4.61 0.62 2.85 3.91 0.54 PHL 1.50 2.36 1.88 2.12 0.46 3.32 2.50 4.98 -- 3.50 0.40 0.44 0.14 0.09 VNM 1.80 2.30 2.81 2.84 1.08 4.20 1.94 4.61 3.50 -- 6.61 0.46 0.39 0.36 PAK 0.94 0.60 0.65 2.53 1.39 1.07 1.47 0.62 0.40 6.61 -- 6.96 6.80 0.13 BGD 1.50 0.69 1.33 2.09 4.35 1.73 2.88 2.85 0.44 0.46 6.96 -- 1.88 0.09 LKA 0.53 0.48 0.47 1.31 6.24 1.49 1.60 3.91 0.14 0.39 6.80 1.88 -- 0.07 NPL 0.55 0.22 0.13 1.02 7.94 0.98 0.10 0.54 0.09 0.36 0.13 0.09 0.07 -- Table 2: The Matrix of Bilateral Trade Intensity Index of Select Asian Countries Source: Authors calculations on the basis of UNCOMTRDAE data base 22 Kojima K, “The Pattern of International Trade among Many Countries,” Hitotsubashi Journal of Economics, 5-1 (1964), 16- 36.Drysdale, P. and Garnaut, R, “Trade Intensities and the Analysis of Bilateral trade Flows in a Many Country World: A Survey,” Hitotsubashi Journal of Economics, 22 (2, 1982), 62-84;Frankel J.A. and Andrew K. Rose, “The Endogeneity of the Optimum Currency Area Criteria,” The Economic Journal, 108 (July 1998), 1009-1025. China and its Neighbors: Trade Leverage, Interdependence and Conflict 91 The degree of trade intensity index is a clear indication of bilateral ties between countries in the region. From table-3, it is evident that for the stronger countries in the region like Japan, South Korea, Malaysia and a few others, the export to China is stronger (intensive) than the imports from China. Though, the region represents a considerable share in China’s exports in terms of intensity, China’s imports from the region is more intensive compared to China’s total imports. As China becomes the huge market for these countries for selling their goods, China’s relative power as buying nation also increases enabling China to dictate terms with most of these countries. The pure economic perspective suggests than China’s role in the region is one of complete dominance. In developing strong bilateral ties with almost all the countries in the region, China has stamped its authority and will now look ahead and try to consolidate its position. How this over dependence for trade on China can affect the behaviour of Asian countries? For example, China being Malaysia’s largest trading partner, whereby its export to China amounts to 30 per cent of its total exports and about 17 per cent of its total imports. In 2012, the Chinese Embassy in Kuala Lumpur was the second-largest issuer of Chinese visas in the world. This huge dependence on China for its trade has compelled Malaysia to compromise its position on the South China Sea disputes. It was reported that on March 26, 2013, that People’s Liberation Army Navy (PLAN) conducted a major naval exercise in the South China Sea, close to what China calls Zhengmu Reef, which is known as Beting Serupai in Malay. It’s some 80 kms away from Malaysia and 1,800 kms from the Chinese mainland. This was one of the biggest expeditions of PLAN with four vessels led by the PLAN’s latest amphibious landing ship, the Jinggangshan. While serving as a sign of China’s rising assertiveness, the exercise was also notable for the distinct lack of a visible public reaction from Malaysia. Neither the Malaysian Prime Minister nor the Foreign Ministry has made even the most perfunctory statement on the matter. In contrast to how such exercises are greeted in Hanoi and Manila, the Malaysian public response has been a deafening silence.23 So what explains Malaysia’s muted reaction to this overt demonstration of China’s growing power? In August 2012, ASEAN failed to reach a consensus on a joint statement for the first time in 45 years of its history, because the chair, Cambodia was pressured by China to block any mention of the South China Sea disputes in the joint statement. Cambodia is largely dependent on China for economic aid; in 2011 alone the amount of foreign investment pledged to Phnom Penh by China was 10 times greater than that promised by the US. 23 Shahriman, L., “Why Malaysia isn’t afraid of China (for now)”, The Strategist - The Australian Strategic Policy Institute Blog, (April 24, 2013) 92 The Journal of Contemporary China Studies, Vol. 4, No. 1 This shows that other ASEAN nations will also eventually follow the Malaysian way as their economic ties with Beijing become more intensive. This soft stand of ASEAN members on China was evident in the ASEAN-Japan Commemorative Summit Meeting held in Tokyo in December, 2013. It was reported that despite a significant diplomatic effort, Prime Minister Abe failed to get a more coveted rebuke from ASEAN on China’s recent imposition of a unilateral Air Defense Identification Zone (ADIZ) in the East China Sea. The lack of an ADIZ condemnation is not surprising as ASEAN remains divided on how much – if at all – it should prod China on its increasing assertiveness towards its regional neighbours.24 Facing complex and evolving strategic circumstances—particularly China’s ever-growing power and assertiveness, countries in the region are reinvigorating themselves with new partnerships with countries from the region as well as from outside like the US. Though, in the recent past relations of countries like Japan, Korea, Vietnam and Philippines have deteriorated with China yet most of the Southeast Asian states have maintained cordial links with Beijing despite their reservations about China’s regional behaviour. Indonesia, Malaysia and Thailand are even tentatively developing defense and security links with China. 6. Implications at Large The implications of this economic over dependence on China, an aspiring hegemonic power will be multi-faceted. Continued occurrence of Chinese assertiveness in the region such as declaration of ADIZ, naval maneuvering in East and South China Sea or the continued infiltrations in Indian border areas may become routine affairs. China may again use its trade power as a bargaining chip by selectively restricting exports or banning imports. No country from the region will be in a position to take a particular side if a bilateral confrontation or conflict occurs between China and an individual country from the region as the economic benefit for doing so will be higher than taking a side. Therefore, most of the countries would take a neutral stand. Some smaller countries like Cambodia or Laos even may align with China.25 China remains an important player even in smaller countries like Bangladesh and Vietnam where India and Japan have a strong strategic hold. As a result these countries might choose to remain evenhanded as taking sides would be detrimental to their business. In effect, the 24 Miller J. B., “Japan Doubles Down on ASEAN”, The Diplomat, (December 23, 2013), at http://thediplomat.com/2013/12/japan-doubles-down-on-asean/ (searched date: January 23, 2014) 25 Cambodia and Laos are large recipients of China’s aid. China and its Neighbors: Trade Leverage, Interdependence and Conflict 93 trade relations of China neutralize all the soft power capabilities that India and Japan possess in the region. For Japan, the increasing economic relations of China with Asian countries will have multifaceted implications. China has become the largest trade partner for many Asian countries replacing Japan. This is a crucial factor that will determine how events pan out in the Asian region with a growing economic clout of China. It can be inferred that with the declining trade relationship, the political importance of Japan to others from the region will also become less important. As shown in the article, if a conflict arise between China and Japan, most countries in the region would take a neutral position fearing the risk of loss of billions worth of trade and economic aid. However escalation of any conflict between China and Japan over territorial disputes is remote. The export dependence of Japan on China is around 26 per cent of Japan’s total exports and about 18 per cent for imports. Also, 60-70 per cent of goods imported by China from Japan comprises of machinery used to make China’s own exports. China needs to buy Japan’s products as much as Japan needs to sell them. This is remarkable and the crucial question is will any of them bet on these huge trade volumes over these tiny islets in East China Sea? However, as the economic strength of China increases, it would be in a position to leverage this economic strength to influence the behavior of its trade partners including Japan in its own favor. The economic dominance of China over region will give China the power to influence the domestic policies of other countries, what US has enjoyed for a long time and China will now look ahead and try to consolidate this position. The best strategy for Japan to counter this Chinese clout would be to increase the defense cooperation, economic aid and strategically important targeted investment in South and South East Asian countries. Instead of China+1 strategy, Japan should consider others as equal to China and should revise the policies in future as ASEAN+ China or India+ China. Another argument is that trade dependence may prevent the bilateral conflicts form dangerous escalation. The cost of war is extremely high replacing the huge benefit from mutual trade that has actually helped the countries from the region to march towards prosperity. Given this, the more the two countries benefit from trade, the more they have to lose in the case of a war, and therefore both strive to avoid one. This argument assumes societies receive salient economic gains from trade, serious conflict among states disrupts trade, and decision makers take these two things into account.26 Therefore, the People’s Republic of China’s (PRC’s) emergence as a major trading power is not a zero sum concept from the 26 Mastro Oriana. S., “The Problems with the Liberal Peace in Asia,” Survival, Volume: 56, issue 6, (April /May 2014), 129-158. 94 The Journal of Contemporary China Studies, Vol. 4, No. 1 perspective of the region. However, the overall picture emerging from the trade matrices of the Asian region is that China’s engagement in terms of trade in the region makes it a potent force where China’s domination is very strikingly evident by mere numbers. This would allow China to dictate terms in the region as Beijing expands and enforces Chinese sovereignty claims in the region, rewarding those who fall in line and punishing those who do not. Consequently, this assertiveness would lead to a security threat to the ASEAN and other states in the region. China unequivocally aspires to become a regional superpower as the military and economic capabilities of China far outstrip those of other countries, About the Author Nabeel A Mancheri is a JSPS Postdoctoral Fellow affiliated to Institute of Social Science, The University of Tokyo. Prior to joining Tokyo University, he was an Assistant Professor at India’s National Institute of Advanced Studies, Bangalore. He has also worked as a consultant to OECD Paris, ICRIER New Delhi and CUTS International and involved in research related to trade issues. He was a visiting researcher at Graduate School of International Development and Cooperation (IDEC), Hiroshima University in 2008-09 and was a visiting fellow at the Institute of World Economics and Politics, Chinese Academy of Social Sciences, Beijing in 2012. His recent publications include a monograph on Dominating the World: China and the Rare Earth Industry, a co-authored book on India-United States Cooperation on Global Security: Technical Aspects of Civilian Nuclear Materials Security published by National Academy of Sciences, Washington DC and a co-edited book on Rise of China; Indian perspectives (Lancer, 2012). He was selected as an IISS–SAIS Merrill Center Young Strategist for 2013 by International Institute for Strategic Studies, London and Johns Hopkins University. He is a member of IISS London. Address: #708, Institute of Social Science, 7-3-1 Hongo, Bunkyo-Ku, Tokyo, 1130033 Email:[email protected]
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