This really strikes me as on the mark. I have been looking at the Bohai Bay oil spill compensation scheme. A large group of fisheries claimants (processors, growers, harvesters) in Shandong and other Bohai Bay fisheries are dissatisfied or excluded from the national government's settlement with Conoco Philips for the June 2011 oil well spill. Frustrated by Chinese maritime courts failure to accept their cases, some have filed suit in the United States. Others have petitioned other agencies in China. These fisheries claimants are a "non-politicized" group with a grievance whose problem is, I think, the weak institutional development of the PRC courts.
Abstract
I am often reminded in thinking about China of the Gunnar and Alva Myrdal classic Asian Drama which developed the concept of the "soft state". China's state is "softer" than most realize. And that is the source of much of the arbitrariness of decision-making.
Politicized Challenges, Depoliticized Responses: Political Monitoring in China's Transitions by Hualing Fu :: SSRN:Abstract
Having experienced a painful process of transition from revolution to modernization over the past 60 years, China now faces the mounting social, economic and political challenges that regularly face transition states. While the Chinese Communist Party-state proves to be resilient and able to adapt, innovate and evolve, it is also well-known that the social and economic transitions in China have produced significant strains on the political system. How does the Chinese state differ from the liberal democracies discussed in this volume in managing social and political risks?This paper examines the evolving strategies of political control in China. It points out the increasingly politicized challenges that the Chinese Communist Party faces and also offers an explanation for the reasons behind the politicization or the mainstreaming of politically motivated challenges. The paper then introduces the paradigmatic shift in the Party’s control strategy from open political repression to an apolitical, less ideological social management in regulating the increasingly politicized challenges.'via Blog this'
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