Public Opinion, Criminal Justice, and Incipient Popular Liberalism in China
Indeed, few ideas are as persistent in China scholarship as the notion of ‘Chinese exceptionalism’. Inquiries into China’s failure (or at least delay) in meeting benchmarks of historical progress such as ‘science’ or ‘capitalism’ are two examples; debate over whether Chinese political or philosophical traditions are compatible with democracy, rule of law or human rights is another. The traction of tradition makes it appear to some that China’s political future may be inevitably authoritarian, and that the country will always be governed by paternalist leaders whose legitimacy is premised on the idea of the state as an intrinsically moral institution. Indeed, the idea of a strong one-party state as ensuring prosperity and stability and as capable of delivering justice in perfect harmony with more-or-less homogeneous collective interests is an integral part of the ‘Chinese exceptionalism’ argument.
But, as compelling as that ideal vision of the Chinese state might be, its inevitability is daily being cast into doubt by the realities of contemporary Chinese society. Rapid economic development has led to significant socioeconomic polarization and fragmentation, and China’s political and legal institutions are straining to manage the diversity of values and interests that has developed as a result. The re-emergence of an authentic public opinion in China, founded on an increasingly commercialized press, a growing journalistic professionalism and a vibrant Internet, has begun to loosen the Communist Party’s monopoly over the public agenda and opened up space for these diverse and often contentious views to be voiced. Since the 1980s, China’s leaders have put increasing stock in development and reform of the nation’s legal system to regulate the process of modernization, improve the state’s capacity for managing conflicts in a more complex society and ensure social harmony and political stability. One might even say that, in the absence of any other compelling unifying ethos, China’s leaders have resorted to making law the new moral centre of contemporary Chinese society, one to which all other values and interests must ultimately reconcile.