Tigers without Teeth

Scott Wilson is Alfred Walter Negley Professor of Politics, The University of the South.

Wilson examines the evolving relationship between civil society and the legal system of the People’s Republic of China since the mid-1990s. The work focuses on the pursuit of justice through the Chinese legal system by victims of environmental pollution and by HIV/AIDS carriers. Wilson’s analysis of the struggle of these two disadvantaged groups to organize, seek their day in court, and strengthen legal protections is well documented and insightful. His findings include national and local regulations that work against the formation of regional and national civil organizations, frequent court denial of hearings for cases with political implications, the privileged legal position of government-backed civil advocacy groups, legal statutes that are vague and without enforcement power, a political climate that prizes stability and order over justice and compensation, and societal orientations that favor arbitration over court proceedings. Still, Wilson presents a picture of a society witnessing a growing role for civil organizations and the legal profession in tempering the actions of government and party officials. This work is highly recommended for graduate level research collections on China, environmental law, health care law, and civil society. Summing Up: Highly recommended. Graduate, research, and professional collections.

• 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 AutonomyRegulatory Changes and Control over Civil Society OrganizationsUNAIDS and the Rift with China’s State over the Global FundChina’s Judiciary Party and State Influence over the CourtsSources of Judicial Autonomy Civil Society and Reining in Cause LawyersConclusion: China’s State in the TrenchesNotes3 The Development of China’s Environmental and HIV/AIDS CrisesInstitutions 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 7China’s Environmental Decline 7The Mao Era (1949–1978) 7The 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 GroupsEmergence of Environmental Civil Society GroupsEnvironmental Legal Aid Groups The Politics of Civil Society Development and Legal Aid Notes 1155 HIV/AIDS Carriers Settling for Discrimination Legal and Regulatory Context of HIV/AIDS Carriers’ RightsState 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 DiscriminationCompensation 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 KnowHalting Pollution Violations Efforts to Improve Implementation of Environmental Regulations“Scientific Development,” “Harmonious Society,” and LitigationNotes 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 SocietyNotes 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 ContentionUneven and Fragmented Civil Society Decentralized and Fractured Bureaucracy and Judiciary Is a Rights Revolution Incompatible with Regime Maintenance? Notes Interview ListBibliography Chinese Language Sources About the Author