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Jonathan Benney - Defending Rights in Contemporary China

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Jonathan Benney Defending Rights in Contemporary China
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The growth of rights defence movements in China reflects the increasing capacity of Chinese citizens to shape their own civic discourse in order to achieve diverse goals. Rights defence campaigns have taken novel forms which are unprecedented in China, including the use of the Internet by rights campaigners, the development of rights entrepreneurs, and the selection of representatives and leaders in rights defence campaigns.Defending Rights in Contemporary China offers the first comprehensive analysis of the emergence and development of notions of rights defence, or weiquan, in China. Further, it shows that rights defence campaigns reflect the changing lives and priorities of Chinese citizens, both urban and rural, and the changing distribution of power in China. The Chinese government first used rights defence to promote the law and protect the rights of the weak. But the use of rights defence strategies by private citizens, and lawyers also demonstrates changing power structures in areas as diverse as private property rights, rights for the handicapped, corruption claims and grievances with officials. In this book, Jonathan Benney argues that the idea of rights defence has gone from being a tool of the government to being a tool to attack the party-state, and explores the consequences of this controversial activist movement.This book offers essential insight into the development of rights in contemporary China and will be highly relevant for students, scholars and specialists in legal developments in Asia as well as anyone interested in social movements in China.

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Defending Rights in Contemporary China
The growth of rights defence movements in China reflects the increasing capacity of Chinese citizens to shape their own civic discourse in order to achieve diverse goals. Rights defence campaigns have taken novel forms which are unprecedented in China, including the use of the Internet by rights campaigners, the development of rights entrepreneurs, and the selection of representatives and leaders in rights defence campaigns.
Defending Rights in Contemporary China offers the first comprehensive analysis of the emergence and development of notions of rights defence, or weiquan , in China. It shows that rights defence campaigns reflect the changing lives and priorities of Chinese citizens, both urban and rural, and the changing distribution of power in China. The Chinese government first used rights defence to promote the law and protect the rights of the weak. But the use of rights defence strategies by private citizens, and lawyers also demonstrates changing power structures in areas as diverse as private property rights, rights for the handicapped, corruption claims and grievances with officials. In this book, Jonathan Benney argues that the idea of rights defence has gone from being a tool of the government to being a tool to attack the party-state, and explores the consequences of this controversial activist movement.
This book offers essential insight into the development of rights in contemporary China and will be highly relevant for students, scholars and specialists in legal developments in Asia as well as anyone interested in social movements in China.
Jonathan Benney is a postdoctoral fellow at the National University of Singapores Asia Research Institute.
Routledge/Asian Studies Association of Australia (ASAA) East Asia Series
Editorial Board : Professor Geremie Barm (Australian National University), Professor Colin Mackerras (Griffith University), Professor Vera Mackie (University of Melbourne) and Associate Professor Sonia Ryang (University of Iowa).
This series represents a showcase for the latest cutting-edge research in the field of East Asian studies, from both established scholars and rising academics. It will include studies from every part of the East Asian region (including China, Japan, North and South Korea and Taiwan) as well as comparative studies dealing with more than one country. Topics covered may be contemporary or historical, and relate to any of the humanities or social sciences. The series is an invaluable source of information and challenging perspectives for advanced students and researchers alike.
Routledge is pleased to invite proposals for new books in the series. In the first instance, any interested authors should contact:
Professor Tessa Morris-Suzuki
Division of Pacific and Asian History
Research School of Pacific and Asian Studies
Australian National University
Canberra, ACT 0200 Australia
Professor Morris Low
School of Languages and Comparative Cultural Studies
University of Queensland
Brisbane, QLD 4072, Australia
1. Gender in Japan
Power and public policy
Vera Mackie
2. The Chaebol and Labour in Korea
The development of management strategy in Hyundai
Seung Ho Kwon and Michael ODonnell
3. Rethinking Identity in Modern Japan
Nationalism as aesthetics
Yumiko Iida
4. The Manchurian Crisis and Japanese Society, 193133
Sandra Wilson
5. Koreas Development Under Park Chung Hee
Rapid industrialization, 19611979
Hyung-A Kim
6. Japan and National Anthropology
A critique
Sonia Ryang
7. Homoerotic Sensibilities in Late Imperial China
Wu Cuncun
8. Postmodern, Feminist and Postcolonial Currents in Contemporary Japanese Culture
A reading of Murakami Haruki, Yoshimoto Banana, Yoshimoto Takaaki and Karatani Kjin
Murakami Fuminobu
9. Japan on Display
Photography and the Emperor
Morris Low
10. Technology and the Culture of Progress in Meiji Japan
David G. Wittner
11. Womens History and Local Community in Postwar Japan
Curtis Anderson Gayle
12. Defending Rights in Contemporary China
Jonathan Benney
Defending Rights in Contemporary China
Jonathan Benney
First published 2013 by Routledge 2 Park Square Milton Park Abingdon Oxon - photo 1
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2013 Jonathan Benney
The right of Jonathan Benney to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Benney, Jonathan.
Defending rights in contemporary China : Jonathan Benney.
p. cm. (Routledge/Asian Studies Association of Australia (ASAA) East Asian series)
Includes bibliographical references and index.
1. Civil rightsChina. 2. Civil rightsSocial aspectsChina. 3. Civil rightsPolitical aspectsChina. I. Title.
KNQ502.4.B46 2012
323.0951dc23
2012001397
ISBN: 978-0-415-69430-8 (hbk)
ISBN: 978-0-203-10830-7 (ebk)
Typeset in Times New Roman
by Graphicraft Limited, Hong Kong
Contents








Figures
Tables
Acknowledgements
It would be remiss of me to begin an acknowledgements section without first noting and commending the work of the many rights defence activists in China. I remain awed by their courage, humility and intelligence.
More specifically, I would like to thank the people I interviewed for this book, and for the doctoral dissertation which preceded it. Some must remain anonymous, but I would like to acknowledge the contributions made by Mr Patrick Poon of the Chinese Human Rights Lawyers Interest Group in Hong Kong, Dr Fu Hualing of Hong Kong University, Dr Eva Pils of the Chinese University of Hong Kong, Professor Shi Xiuyin of the Chinese Academy of Social Sciences, Ms Wu Ying of Peking University and Ms Guo Sanzhuan of the University of New South Wales. Professor He Baogang of Deakin University also assisted by providing some materials and some very useful advice.
Beyond this, I would like to acknowledge the untiring work of my doctoral supervisors at the University of Melbourne, Associate Professor Anne McLaren and Dr Pradeep Taneja. Their guidance and support was invariably helpful, and their patience and advice often went beyond the call of duty. Anne was my supervisor for six consecutive years, which must have required almost unprecedented levels of tolerance.
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