Tigers Without Teeth - The Pursuit of Justice in Contemporary China

This book analyzes the rise of civil society and legal contentiousness in China as the author examines how AIDS carriers and pollution victims pursue justice. His case studies highlight the development of civil society as well as the limitations to the "politics of justice" as the system balances between the rule of law and regime stability.

List of contents

Preface
List of Acronyms
List of Tables
1 Introduction: "Tigers without Teeth?"
Dilemmas of Rule of Law and Civil Society in Nondemocratic Regimes
Challenges to the Pursuit of Legal Justice
Why Study Environmental Pollution Victims and HIV/AIDS Carriers?
Linking Civil Society Development, Litigation, and Rule of Law
Understanding the Divergent State Responses to Looming Crises
A Look Ahead
Notes
2 State Management of Civil Society and the Judiciary
Contending Approaches to Chinese Civil Society
Civil Society and the Judiciary as Arenas of Contestation
Categories of Civil Society Organizations and Registration Rules
Sources of Civil Society Organization Autonomy
Regulatory Changes and Control over Civil Society Organizations
UNAIDS and the Rift with China's State over the Global Fund
China's Judiciary
Party and State Influence over the Courts
Sources of Judicial Autonomy
Civil Society and Reining in Cause Lawyers
Conclusion: China's State in the Trenches
Notes
3 The Development of China's Environmental and HIV/AIDS Crises
Institutions and Epidemics in China
Marketization and Globalization
Legislation and Stigmatization
Ministry of Health
The Spread of HIV/AIDS in China
Institutional Origins of China's Environmental Crisis
Environmental Regulations
Economic Institutions
The Environmental Protection Bureaucracy 7
China's Environmental Decline 7
The Mao Era (1949-1978) 7
The Post-Mao Era (1978-Present)
Conclusion: Institutional Origins and Responses to Crises
Notes
4 Civil Society Responses to HIV/AIDS and Environmental Pollution
The Development of HIV/AIDS Organizations
SARS Crisis
China CARES Program
Limits to State-Centered Approaches to HIV/AIDS
International Efforts to Empower Chinese AIDS Groups and Their Limits
Chinese Grassroots NGOs-Bounded Autonomy
A Fractured Civil Society: China's HIV/AIDS Organizations
Environmental Civil Society Groups
Emergence of Environmental Civil Society Groups
Environmental Legal Aid Groups
The Politics of Civil Society Development and Legal Aid
Notes 115
5 HIV/AIDS Carriers Settling for Discrimination
Legal and Regulatory Context of HIV/AIDS Carriers' Rights
State Attempts to Keep HIV/AIDS Social Conflict Out of the Courts
Discrimination against HIV/AIDS Carriers
Discrimination and the Right to Health Care
Discrimination and Health Insurance
Employment Discrimination
Compensation for Contracting HIV/AIDS from the Mishandling of the Blood Supply
"We Cannot Control Our Anger Anymore"
Conclusion: Settling for Discrimination?
Notes
6 Litigating for Pollution Victims' Rights
Development of Chinese Environmental Laws and Regulations
Development of Environmental Litigation in China
Joint Litigation
Health Damages
Right to Know
Halting Pollution Violations
Efforts to Improve Implementation of Environmental Regulations
"Scientific Development," "Harmonious Society," and Litigation
Notes
7 Who May Defend the "Public Interest"?
The Legal Basis of Chinese Environmental Public Interest Litigation
The Slow Development of Environmental Public Interest Litigation
Law Revisions and Environmental Public Interest Litigation
GONGO Leadership of Public Interest Litigation and Societal Quiescence
Courts and the Politics of Environmental Adjudication
Representing the Public Interest: Citizen-State Struggles in Civil Society
Notes
8 Conclusion: Helping Tigers Grow Teeth
Factors Propelling Rights Protection in China
International Funding and Linkages
Mobilization of Protest and Media
Litigation
Regime Allies
Obstacles to Rights-Based Contention
Uneven and Fragmented Civil Society
Decentralized and Fractured Bureaucracy and Judiciary
Is a Rights Revolution Incompatible with Regime Maintenance?
Notes
Interview List
Bibliography
Chinese Language Sources
About the Author

About the author

Scott Wilson is a former marketer, entrepreneur, and writer with a profound passion for geopolitics. He tries to write provocative satire about global affairs: China's ascent, America's tumble, and Australia's quiet significance in the superpower showdown. The Bowman Standard is his debut novel about energy security. Scott lives on the Mornington Peninsula with his wife and two children. When not writing, he prefers to be on a mountain, in the ocean, or engrossed in The Economist. He likes chatting too, and can be found on X or Gmail: @AuthorSFWilson.

Summary

This book analyzes the rise of civil society and legal contentiousness in China as the author examines how AIDS carriers and pollution victims pursue justice. His case studies highlight the development of civil society as well as the limitations to the "politics of justice" as the system balances between the rule of law and regime stability.

Product details

• Authors: Scott Wilson
• Publisher: Rowman and Littlefield
• Languages: English
• Product format: Hardback
• Released: 19.03.2015
• EAN: 9781442236165
• ISBN: 978-1-4422-3616-5
• No. of pages: 276
• Series: State & Society in East Asia; State & Society in East Asia
• Subjects: Natural sciences, medicine, IT, technology > Geosciences > Geography; Social sciences, law, business > Political science > Political science and political education