The Chinese Debate on Constitutionalism: Texts and Analyses (II)

Over the last week, I have selected and translated a number of texts relating to the constitutionalism debate, which I will analyse further in depth in the following posts of this series, as I did with Yang Xiaoqing’s article on constitutional governance. I have, however, already uploaded the translations of the articles themselves, as they seem to be quite topical. They are (in reverse chronological order):

The Controversy on the Preamble to the Constitution and Its Effects (Zhang Qianfan, Yanhuang Chunqiu, 10 June)

In this article, Zhang Qianfan makes a thinly veiled challenge to the preamble of China’s 1982 Constitution, which includes references to the leading position of the CCP and the guiding position of Marxism-Leninism and Mao-Zedong Thought. He argues that China’s constitutional preamble should be shorter, and mainly contain statements on the subjects and objectives of the constitution, as well as basic values. 

The “Chinese Dream” and the Choice of the Path of Democratic Politics (Yu Zhong, Red Flag Manuscript, 9 June)

The author of this article defends – in a relatively nuanced manner – the Chinese Dream against naïve and idealist notions of constitutional governance. It is claimed that the Chinese Dream is higher than the dream of constitutionalism, a clear response to the Southern Weekend New Year article (see below), and has been engendered through China’s rich and long history.

Providing a Powerful Theoretical Basis for Realizing the Chinese Dream (Liu Qibao, Qiushi, 1 June)

Liu Qibao, the replacement of Liu Yunshan at the head of the Propaganda Department after the latter was promoted to the Standing Committee, made a speech at a work conference on philosophy and social science, in which he outlined the research agenda in these sectors for the coming years. It is particularly interesting as it provides a list of all the causes the Party Centre seems to think it needs to justify:

We must revolve around the general positioning of “five positions, one whole” of the undertaking of Socialism with Chinese characteristics, strengthen research to promote scientific development and the transformation of economic development methods, strengthen research to analyse and explain the issue that development is unbalanced, uncoordinated and unsustainable, strengthen research on stable growth, controlling inflation and preventing risks, promote real, qualitative, effective and sustainable development, incessantly pioneer civilizational development paths for production development, life prosperity and a good ecology. We must revolve around building institutions and structures that are systemically complete, with scientific standards and effective operations, earnestly launch research on top-level reform design and general planning, launch research on the systemic nature, comprehensive nature and coordinated nature of reform, launch research on reform unimportant areas and crucial segments, promote the incessant deepening of reform, stimulate institutions on all sides to become even more mature and standardized. We must revolve around guaranteeing that the people live and work in peace and happiness, that society is stable and orderly, that the country knows a long period of tranquillity, and incessantly deepen research on strengthening and innovating social management, deepen research on guaranteeing and improving people’s livelihoods, deepen research relating to issues directly affecting the masses’ interests, to disambiguate misunderstandings, promote work and stimulate the construction of a Socialist harmonious society. We must revolve around promoting the formation of an international environment that is beneficial to our country’s reform, development and stability, vigorously research the rules of the interactions of the two big situations, the international and the domestic, research the future trends of the adjustments of the present global structure, research the basic situation of the power change and chess game between great powers, in order to safeguard the national interest and national security.

[...]

We must revolve around this deployment, deeply research the new challenges and new requirements of strengthening the construction of the Party’s governing ability, advanced nature and purity. We must especially integrate the mass line educational practice project that will be launched soon and has pragmatism, honesty and being for the people as the main content, deeply research the characteristics and rules of mass work under new circumstances, research institutions and measure to raise the ability to do mass work well and preserve the flesh-and-blood relationship of the Party and the masses, research effective channels to resolve the formalist, bureaucratist, hedonist and extravagant styles that the people strongly react against, promote the deep development of educational practice activities, strive to construct a study-type, service-type and innovative Marxist governing Party.

Clearly Understanding the Essence of “Constitutional Governance” (Zhengzhi Xue, People’s Daily, 29 May)

This article mostly rehashes the points made in Yang Xiaoqing’s article, analyzed earlier. It claims that constitutionalism is an insidious, Trojan horse of a concept, which will drive China to ruin if followed, as the term refers to bourgeois norms of governance. It calls for the overthrow of the CCP and Socialism, and China must not fall into this “discourse trap”.

Long-Standing Mistakes in Understanding “A Century of Constitutional Governance” (Guo Shiyou, Yanhuang Chunqiu, 9 May)

In this article, Guo Shiyou argues that one reason constitutionalism has not been realized in China, is that confusion exists about its historical development. He analyses the path of constitutionalism during the Late Qing and early republican periods, concluding that it is not necessary to fear political ruin when engaging in political reform, as circumstances now are completely incomparable with those of a century ago.

The Chinese Dream, the Dream of Constitutional Governance (Southern Weekend, unpublished)

Constitutional Governance is the Consensus for Political Structural Reform (Yanhuang Chunqiu, 4 January)

These are the two New Year’s messages that were infamously censored. In Southern Weekend’s case, the text was replaced by a much more politically neutral text, while the Yanhuang Chunqiu site was blocked. They both claim for constitutionalism among similar lines: constitutionalism is necessary to end arbitrary government and corruption, and ensure the Chinese Dream reaches everyone. Yanhuang Chunqiu does so by providing a legal analysis of some clauses in the Constitution that have not been implemented, while Southern Weekend makes a much more emotional call, revolving around the theme of dreaming, based on the historical trajectory towards constitutionalism.

The Controversy on the Preamble to the Constitution and Its Effects

Zhang Qianfan, Yanhuang Chunqiu

Apart from a few countries such as the United Kingdom, etc., at present, more than two hundred countries and regions in the world all have their own written constitutions. The absolute majority of federal countries also have more than a constitution, for example, the Unites States has as much as 51 constitutions, apart from the federal Constitution, and every state has its own constitution. Constitutions are the basic fundamental law of a country; their highest authority is reflected in the clauses provided in its texts. Furthermore, many written constitutions have a preamble. Whether or not the preamble to a constitution has a legal effect similar to that of the text itself, is disputed in international legal circles and domestic legal circles, and has not yet been determined.

The “Chinese Dream” and the Choice of the Path of Democratic Politics

Red Flag Manuscript

The Chinese Dream of national rejuvenation is a major strategic thought collectively put forward by the central leaders, and is a political declaration for the future development of the Party and the country. Realizing the “Chinese Dream” requires a choice for the correct democratic political path. Recently, in the discussion concerning the “Chinese Dream”, constitutional governance has become a focus point again. In the view of some, the “Chinese Dream” is the “dream of constitutional governance”: constitutional governance represents the future of China, the orientation of constitutional governance is the path for political structural reform in China, constitutional governance and democracy are the highest interests of the country. In the present public opinion discourse, the “dream of constitutional governance” may express the longing of a few wordsmiths for a beautiful life. But, longing is one thing, the process of realization is a different matter. The ““Chinese Dream”” clearly is not something that can be described with the single term “constitutional governance”, and it cannot be substituted with “dream of constitutional governance”. 

New series: Propaganda Past

One of my ongoing projects is a book on the history of Chinese media regulation. When working on this, I recently came across a collection of CCP propaganda departments, dating from the early beginnings of the CCP until the mid-Nineties. Some of the documents in this collection are public, but a good number of them were for internal circulation and are, so far, not available in the public sphere. I have decided to translate the most interesting of the documents and publish them here with comments. I expect that new posts will be added to this series on a biweekly basis.

To kick off the series, I translated two speeches from around this time, 24 years ago. The first one was given by Peng Zhen, the retired head of the Central Political-Legal Committee, and addressed the question of how to bring unity through abiding by the Constitution and the law. On the student protest, he found that

The motivations for these student demonstrations are good, pure, kind and constructive, the objective is to overcome flaws and mistakes in work, and to run State affairs and the Socialist system even better, this is consistent with our requirements. But the methods and means that they have adopted is not very appropriate. This is not the fault of the children. First, they do not know the law or don’t know it well. Second, they lack political experience, and are insufficiently on guard against the treacherous intentions of an extremely, extremely small number of conspirators and evildoers who seize the opportunity to cause turmoil.

His subsequent analysis about how the Constitution and the law did not allow for such protests, is interesting in the light of the ongoing debate about constitutionalism at the moment. Much of the language used is very similar.

Article 1 of the Constitution provides that the People’s Republic of China is led by the working class, not that it is led by the bourgeoisie, and not that the working class and the bourgeoisie jointly lead and divide all under heaven between them; that it is based on the alliance between workers and peasants, not on the basis of any other class or stratum; that it is a people’s democratic dictatorship, not a bourgeois dictatorship, and certainly not a landlord class dictatorship; that it is a Socialist country, and isn’t a capitalist country. The movement to do bourgeois liberalization in our country violates the Constitution, and violates the fundamental interests of the people of all ethnicities in the entire country and the standpoints of the Party

Read the complete speech here: Use the Constitution and the Law to Unify Thoughts

The second speech was made by Deng Xiaoping, on 9 June. This speech takes stock of the events in Beijing, and much attention is paid to the harm suffered by the armed forces.

During the suppression of this riot, so many of our comrades have been wounded, and even sacrificed themselves, their arms have also been stolen, why is this? It is also because good people and bad people have become confused, resulting in the fact that it was difficult to take on some drastic measures that should have been adopted. Dealing with this incident was a grim political trial for our Army, practice proves that our Liberation Army has passed the examination, if tanks had been used to press their way through, it might have created an ignorance of right and wrong around the entire country. Therefore, I must thank the PLA officers and men that they used this attitude to deal with the riots and incidents. Even though the losses makes one feel heartbroken, the may win the people, and make people not clearly knowing right and wrong change their viewpoint. Let everyone see, what kind of people the PLA actually are.

is interesting as it outlines the primary building blocks for the political and economic consensus in the Nineties. It does so by re-establishing the necessity the basic policy of “One Centre, Two Basic Points”. The one centre here refers to the central position of economic development, the two basic points consist of the Four Cardinal Principles on the one hand and reform and opening up on the other. Deng also reiterates his objective of becoming a “middle-level developed country” by the 2040s. The mistakes that were made, according to Deng, were in the field of education.

Since founding the nation, we have always put the emphasis on arduous creation, in later days, when matters became a bit better, we advocated high consumption, consequently, the phenomenon of waste spread in all areas, adding to this a weakening in ideological and political work, the fact that the legal system is not complete, the phenomena of violation of law and discipline, corruption, etc., they all came out. I said to foreigners that the biggest mistake of the decade was education, here, I mainly talk about ideological and political education, I don’t purely talk about schools and young students, we also lack education for the people. There is little education concerning arduous creation, concerning what kind of country China is, and what kind of country we must change it into. This is a very big mistake of ours.

Lastly, Deng warns against the influence of the West, indicating that:

In the area of political structural reform, there is one point that can be confirmed, which is that we must persist in implementing the People’s Congress system, and we cannot adopt a US-style tripartite separation of power structure. In fact, Western countries also not all implement the system of a tripartite separation of powers. The US scold us for suppressing the students, but in their dealing with domestic campus uprisings and riots, did they also not send the police and the military, did they also not arrest people and shed blood? They suppress students and the people, and we have suppressed a counterrevolutionary riot. Which qualifications do they have to criticize us!

Read the complete speech here: Speech when Receiving the Capital Martial Law Army Troop-Level or Higher Cadres

The next post in Propaganda Past will go back forty years, from 1989 to 1949.

The Chinese Debate on Constitutionalism: Texts and Analyses (Part I)

This is the first of a series of posts translating and analysing different articles from the current debate on constitutional governance in China. This post contains a full translation of the Seeking Truth article “Comparative Study of Constitutional Governance and the People’s Democratic Regime”. It is also longer than normal posts; for your reading convenience, a PDF version of this post can be downloaded here: Constitutionalism Debate Part I

Over the past few weeks, a debate about political reform, centred on the Constitution, has erupted in China. This debate evolved in the wake of the 18^th Party Congress, and the hopes that Xi Jinping and the new Standing Committee would turn out to be more receptive to the idea of political reform than the Hu leadership. These hopes have, so far, not materialized. In December, the website of the intellectual magazine Yanhuang Chunqiu was closed down after it had published an article arguing for a better implementation of the Constitution. A few days later, protests broke out in Guangzhou, after it transpired that the New Year’s editorial of the well-known newspaper Southern Weekend, “The Chinese Dream is the Dream of Constitutionalism”, was removed and replaced by provincial censors. Throughout the first half of 2013, efforts to control debate and news dissemination, particularly on the Internet, further increased.

Providing a Powerful Theoretical Basis for Realizing the Chinese Dream

Qiushi, 1 June 2013

Letting  philosophy and social science flourish is a necessary requirement for persisting in and developing Socialism with Chinese characteristics, and is a strong call for realizing the country’s wealth and strength, the vitalization of the nation and the happiness of the people. Since 16th Party Congress, under the determined leadership of the Party Centre, the philosophy and social science front has closely grasped the correct political orientation, has closely revolved around the larger picture of Party and State work, has forcefully moved all work forward, has obtained clear advances, and has made important contributions to consolidating mainstream ideology and public opinion, letting academic theory flourish, and for promoting reform, opening up and modernization construction. In the magnificent journey of realizing the Chinese Dream of national rejuvenation, philosophy and social science are as broad as heaven and earth, and are very promising.

Clearly Understanding the Essence of “Constitutional Governance”

Zhengzhi Xue

- The term “constitutional governance”, regardless of whether it is discussed as a theoretical concept or as an institutional practice, refers to the implementation of a bourgeois constitution.

- The direction that “constitutional governance” advocates is extremely clear, it is that we must abolish the leadership of the Communist Party in China, and overthrow the Socialist regime.

- “Constitutional governance” cannot be made into a basic political concept for our country, this would be falling into the “discourse trap” that is hidden behind it.

In recent years, Western thinking about constitutional governance and constitutional governance institutions have become a topic that gained much attention in our country’s legal scholarship circles and political science circles, and it became hot for a while to discuss constitutional governance. In some discussions, a number of people advocated the indiscriminate copying of Western constitutional governance systems, the implementation of a multi-Party system, parliamentary democracy and a tripartite separation of power, under the guise that constitutional governance does not differentiate between East and West, or under the disguise of “universal values”. These viewpoints are mistaken in theory, and are harmful in practice. There are also academics putting forward that we may discuss “Socialist constitutional governance”, which is different from the so-called “capitalist constitutional governance”, this is a formulation that is apparently right but actually wrong, and there are also deviations in understanding.

Thinking about privacy: some Red Flag comments on the human flesh search engine

This response to a sent-in letter was published in Red Flag Magazine on 21 May. It discusses, at an extremely superficial level, different privacy-related regimes around the world. It identifies China’s well-known human flesh search engine phenomenon as being particularly unique to China, although privacy issues are a topic of interest and concern around the world as well. I could not find two of the legal documents it cites, the purported U.S. “Provisional Citizen Online Privacy Rights Protection Regulations” and EU “Common Principles for the Protection of Individual Privacy on the Internet”, through a quick Google search, and would appreciate information as to which documents these really are – or whether these perhaps are fictitious. Interestingly, the article refers to the need for a rights-based approach in dealing with privacy issues online, in order to avoid majoritarian dictatorship. 

Do Western Countries Permit the “Human Flesh Search Engine?”

Question: Comrade Editor, greetings. Over the past few years, there have been an increasing number of “human flesh search engine” incidents, the problem that the individual right to privacy is infringed is also increasingly prominent. I’d like to ask, do similar incidents occur in Western countries? Do they permit “human flesh search engines”?

Anhui reader, Li Jian

Comrade Li Jian:

Greetings! It is as you said in your letter, because the enormous number of netizens who participate in “human flesh search engines”, they have a huge and inestimable power in searching for and providing information and clues, their “intelligence” also can also definitely not be compared with machine technology and other such measures. The “human flesh search engine” is similar to a double-edged sword. On the one hand, it brings a powerful moral standard for and public opinion supervision over social life through the network; on the other hand, it extremely easily infringes individual privacy rights, and even gives easy rise to the spread of network violence.

The “human flesh search engine” is something that many Chinese netizens are fond of. From to “cat abuse woman” in Tianya to the boastful housing bureau director “Zhou Jiugeng”, and the smiling bureau director “Yang Dacai”, as well as to “Guo Meimei”, showing off her wealth online, as well as the “Huanan Tiger Picture”, “Dead Blogs” and other incidents, the “human flesh search engine” has increasingly displayed the power and killing force of the Internet. Nowadays, marital unfaithfulness, animal abuse, household violence and even publishing articles may run into the “human flesh search engine”, as long as you are “hot” enough.

The English “Times” newspaper evaluated thusly: “The “human flesh search engine” is a uniquely Chinese phenomenon in this digital era”. The American “Los Angeles Times” believes that “China’s “human flesh search engine” outshines Interpol”.

In fact, the “human flesh search engine” was invented in China first. Inside the country, netizens are able to relatively autonomously publish their own opinions through the network, this is the most important factor why the “human flesh search engine” could spread like wildfire in China. Even though “human flesh search engine” incidents also occur abroad, it is not as grave as in China, because abroad, management is extremely strict.

In the United States, where the Internet is omnipresent, “human flesh search engine” incidents aren’t often seen. The United States pays extreme importance to the protection of individual data and privacy, and has respectively published the “Federal Electronic Communications Privacy Act”, the “Provisional Citizen Online Privacy Rights Protection Regulations”, the “Children’s Online Privacy Protection Act” and other laws and regulations, to punish online infringement incidents. According to reports, on 18 August 2009, a women in the U.S. state of Missouri, Elizabeth Thrasher, used “human flesh search engine” methods to retaliate against a love rival, and posted individual private material of her 17-year old rival online, suggesting that she was looking for a one-night stand, this woman was accused of the crime of “cyber bullying” by the prosecutor, and was sued for a felony.

In Japan, if private information of criminals or other victims appears online, the network management company can carry out some management, where the words used are overly sharp, it can be deleted.

The “human flesh search engine” has also been lively in South Korea for a while, the Seoul Underground “Dog Dropping Lady” incident and the “Actress Choi Jin-Sil Suicide Due to Rumours” incident both promoted the establishment of an online real-name system in South Korea, which progressively calmed down the “human flesh search engine”. In South Korea, revealing other persons’ address and similar information online is an unlawful act. Even though the target of the “human flesh search engine” harmed the interests of other people, and even where they are “targets of public criticism”, legal channels should be sought to resolve matters, and it is not permitted for netizens to resolve them on their own.

The European Union stresses the protection of individual materials through legislation, and promulgated the “European Union Individual Data Protection Directive”, the “Common Principles for the Protection of Individual Privacy on the Internet” and other corresponding laws and regulations, which established a unified legal and regulatory structure for online privacy protection in the member states.

Since a number of years, many people have wrongly believed that the network could protect individual information that they therefore could speak out freely. But, following the development of all sorts of sorts of social interaction websites, the popularization of smartphones with photographing capabilities, as well as the development of all sorts of free photo-uploading websites, privacy has become the weakest link of the network. But even if obtaining individual information is so easy, proper freedom of speech and social evaluation should still be established on the basis of respecting individual rights. Societies sacrificing individual rights to obtain “justice” are disordered and fearful, they are no different from drinking poison to quench thirst. There are netizens who say that this term “human flesh search engine” lets people’s backs feel chilly, the level of terror of its literal meaning and the killing power they have in reality are cut from the same cloth. In the era of the information explosion, today, the “human flesh search engine” goes after someone else, tomorrow, it’s you, if this sort of “tyranny of the majority” becomes fashionable in the entire country, all of us may meet with such “treatment”.

　　西方国家允许“人肉搜索”吗？

问：编辑同志，您好。近些年，“人肉搜索”事件越来越多，个人隐私权被侵犯的问题也越来越突出。请问，西方国家有没有类似事件？他们允许“人肉搜索”吗？

安徽读者：李建

李建同志：

您好！正如您信中所说， “人肉搜索”由于海量网友的参与，在搜寻和提供信息、线索方面，具有难以估量的巨大威力，它的“智能性”也远非机器技术等手段可以比拟。 “人肉搜索”就如同一把双刃剑。一方面通过网络对社会生活进行有力的道德规范、舆论监督；另一方面极易侵犯个人的隐私权，甚至还容易引起网络暴力的蔓延。

“人肉搜索”为许多中国网友所热衷。从天涯“虐猫女”，到最牛房产局长“周久耕”、微笑局长“杨达才”，再到网络炫富“郭美美”，以及“华南虎照片”、“死亡博客”等事件，“人肉搜索”越来越显示出互联网的威力和杀伤力。如今，婚姻不忠、虐待动物、家庭暴力，甚至发表文章都会遭到“人肉搜索”，只要你足够“火”。

英国《泰晤士报》如此评价：“‘人肉搜索’对于这个数字化时代而言，就是一个独特的中国现象。”美国《洛杉矶时报》认为：“中国的‘人肉搜索’让国际刑警组织都黯然失色。”

的确，“人肉搜索”最先由中国人发明。在国内，网民能够通过网络较为自主地发表自己的见解，这也是“人肉搜索”能在中国如火如荼的最主要原因之一。尽管国外也有“人肉搜索”事件发生，但没有中国这么严重，因为国外管理非常严格。

在互联网四通八达的美国，“人肉搜索”事件却并不常见。美国非常注重个人数据和隐私权的保护，先后制定了《联邦电子通讯隐私法案》、《公民网络隐私权保护暂行条例》、《儿童网上隐私保护法》等法律法规，对网络侵权事件加以惩罚。据报道，2009年8月18日，美国密苏里州妇女伊莉莎白—斯瑞雪为报复情敌，使出了“人肉搜索”的招数，将情敌17岁女儿的个人隐私资料贴到网上,并暗示她寻找一夜情，这名妇女被检察官控以“网络欺凌”罪，并遭到重罪起诉。

在日本，如果网络上出现了犯罪者或其他受害人的私人信息，网络管理公司就会进行一些管理，言辞过于激烈就会被删除。

“人肉搜索”在韩国也曾热闹过一时，首尔地铁“狗屎女”事件和“演员崔真实因传言自杀”事件一同推动了韩国网络实名制的确立， 让“人肉搜索”逐渐平静下来。在韩国，在网络上暴露他人的住址等信息是违法行为。即使“人肉搜索”的对象侵害了别人的利益，甚至已经是“众矢之的”，也应该寻求法律途径加以解决，网友自行解决是不允许的。

欧盟更加注重通过立法保护个人资料，先后通过《欧盟个人资料保护指令》、《因特网上个人隐私权保护的一般原则》等相关法规，在成员国内建立起有关网络隐私权保护的统一法律法规体系。

多年以前，很多人以为网络可以保护个人的隐私所以畅所欲言。但是，随着各种社交网站的发展，具有照相功能的智能手机的普及，以及各种可以免费上传照片网站的发展，使得隐私成为网络中最薄弱的环节。但即使获取个人信息再容易，正常的言论自由和社会评价也应建立在尊重个体权利的基础上。牺牲个体权利获取“正义”的社会是无序和可怕的，无异于饮鸩止渴。有网友就说，“人肉搜索”这个词让人后背凉飕飕，其字面意思之恐怖程度和其现实实践中的杀伤力如出一辙。在信息爆炸的年代，“人肉搜索”今天是他，明天就是你，这种“多数人的暴政”如果得以风行整个国家，我们每个人都可能遭受这样的“待遇”。

Latest Updates

Notice concerning the Investigation and Prosecution Situation of False and Inaccurate News on Chinanews.com and Other Media (2013)

Notice concerning Strengthening the Management of Newsgathering and Editing Personnel’s Online Activities (2013)

State Internet Information Office Deploys Attack on Activities of Fabricating and Disseminating Rumours Online (2013)

Six Major Challenges that Our Country’s Ideological Construction Faces at Present (2012)

The Historical Experience of the Chinese Communist Party’s 90 Years of Moving Ideological Work Forward (2011)

Interpretation concerning Applicable Law in handling Criminal Cases of Endangering Computer Information System Security (2011)

Notice concerning Strictly Handling Insult and Defamation Cases According to the Law (2009)

Some Opinions concerning Further Doing Literature and Art Work Well (1997)

Urgent Notice concerning Strengthening Laser Music Disc and Laser Video Disc Reproduction Management (1994)

Secret Central Committee Document Calls for Loyalty, Warns for Western Influence

According to different reports, the CCP Central Committee recently issued a document named “Circular concerning the Present Situation in the Ideological Area”. This document is highly secret, to the extent that it seems to occur that paper copies issued for study purposes may not be kept or taken home by cadres. No version is available on the Internet, and many blog posts or forum discussions referring to this documents have been taken down.

Nonetheless, a number of local newspapers have reported on study sessions on implementing the spirit of this document, through which it is possible to glean at least some information about what it might say. One article, about a meeting organized by the Urban Development Committee in Chongqing, is particularly informative. It indicates that the Circular contains seven points for attention in the current ideological environment. While these points are not listed individually, the article mentions the main points of the Circular, as

strengthening work in the ideological area, fully understanding the harm of viewpoints and theories propagated by the West, fully understanding the importance of forcefully propagating “standing up”, “becoming rich” and “becoming strong”, and fully understanding the urgency of using scientific theory and advanced culture to educate Party members and cadres.

 Furthermore, the article provides three lines of action seemingly proposed by the Circular: (1) strengthening leadership and implementing responsibilities; (2) doing guidance work well and distinguishing right and wrong; and (3) sticking to the battlefield and strengthening management. These terms have been key indications in CCP propaganda directives throughout, and, as such, there is nothing new about them.

However, this news comes in the wake of a number of other indications that political correctness and ideological control are strengthening under the new administration. Last week, it was reported that universities were instructed to not mention seven topics, universal values, freedom of the press, civil society, civic rights, historical mistakes of the Communist Party, elite cronyism, and judicial independence. It may be a coincidence that this is the same number mentioned in reports about the Circular, but it certainly seems that they are branches of the same root. Furthermore, there is the recent campaign to rectify online news  and the order prohibiting journalists from using foreign source material. It seems to become clear that early hopes that the Xi leadership would bring greater openness to China’s public communications sector can now definitively be put to rest. Conversely, the increasing focus on public communication seems to indicate a growing anxiety within the leadership about the erosion of public support for the regime, as indicated by a – quickly deleted – People’s Daily survey. The conclusion is a clear one to reach: further stability and development must be built on real outcomes, rather than PR about the ‘Chinese Dream’. At the same time, however, that will mean a wrenching transformation for a Party that is now often held together by the well-understood self-interest of those enjoying the privileges that membership confers.

Importantly for foreign observers, this Circular seems to renew the focus on foreign hostile powers who are supposed to have an obsession with Westernizing and dividing China. In fact, some of the terms used in reporting about the Circular seem to be derived from an article published in the Party magazine Dangjian (党建) in July of last year. As a relatively high-profile official Party publication, under the direct control of the Central Propaganda Department, it can be assumed that Dangjian content accurately reflects the positions of the CPD – which seems to have become increasingly powerful over the last few years.

The thrust of this article is that the ideological control that the CCP needs to fulfill its historical mission, is besieged by different factors, but in particular by Western hostile powers who are looking to culturally infiltrate China through a number of channels, including the media, cultural products, high-profile scholarship programmes, Internet technology, but also false social theory (Daniel Bell – the other one – and Francis Fukuyama are mentioned). The objective for this is presumably that the Western hostile powers in question are bent to curb China’s development. References to hostile powers have never been completely absent from China’s propaganda policy documents, but again, it seems that the CPD worldview finds more traction with the central leadership than it perhaps did in the past. Furthermore, while it is not clear to which extent the CPD is involved in China’s foreign affairs, it certainly is very much involved in shaping the domestic public opinion which, in turn, constrains China’s foreign policy options. Ironically, it is also in charge of foreign propaganda – soft power – efforts aimed at creating a more positive image of China abroad. It is perhaps this tension that has the most fundamental pernicious influence on those soft power efforts: China wants to be treated as a trustworthy and friendly power by a world it doesn’t trust and regards with enmity. This can only make those efforts come across as insincere and constrain possibilities for true, equal and deep engagement at different levels. Conversely, this view also has a strong impact on diplomatic positioning and other relationships vis-à-vis China: how to convince the counterpart on the other side of the table that, just perhaps, there might be a bit more nuance to policy.

Hold High the Banner, Be Firmly Confident, Determinedly Maintain High Consistency Levels with the Party Centre

On 8 May 2013, the Chongqing Municipal Urban and Rural Construction Committee convened a broad Central Group study meeting, for the special purpose of studying the Notice of the CCP Central Committee Secretariat on Issuing the “Circular concerning the Present Situation in the Ideological Area” (hereafter simply named “Circular”). The Meeting was chaired by Comrade Cheng Zhiyi, Party Group Secretary and Director of the Committee.  Committee leaders and responsible persons from work units and organs subordinate to the Committee attended the Meeting. At the Meeting, the full text of the “Circular” was studied from beginning to end, understandings and insights were exchanged, and implementation measures researched.

The Meeting believes that the Party Centre’s understanding of the mainstream tendencies in the present ideological sphere are objective, and theory orientation is correct, since the 18th Party Congress, and under the firm leadership of the Party Centre with Comrade Xi Jinping as General Secretary, all Party and State work matters have begun well, the Party and government work style atmosphere is renewed daily, the cohesion and centripetal force of the nation is further strengthened, self-confidence about the path, self-confidence about theory and self-confidence about the system are further firmed up, and mainstream ideology is positive, healthy and upward. At the same time, the Centre’s analysis of seven prominent issues in the ideological area that merit attention is deep, its attitude is firm, and they have an even more sober understanding of the acuity and complexity of struggles in the ideological sphere.

The Meeting requires that all levels’ Party Committees (branches) must fully perceive the importance of strengthening work in the ideological area, fully understand the harm of viewpoints and theories propagated by the West, fully understand the importance of forcefully propagating “standing up”, “becoming rich” and “becoming strong”, and fully understand the urgency of using scientific theory and advanced culture to educate Party members and cadres. First, strengthening leadership and implementing responsibilities. All Party Committees (branches) in the Committee system must put ideological work on the important matters agenda, regularly analyse, discuss and determine new situations and new tendencies in the ideological area, timely and effectively respond to them, prevent and deal with all sorts of contradictions and issues in the ideological area. Second, do guidance well, clearly distinguish right and wrong. Expand education and teaching strength concerning the theoretical structure of Socialism with Chinese characteristics, maintain theoretical soberness and political firmness from beginning to end. Party cadres in the Committee System must have a clear banner and a firm attitude in regards to major political principles and issues of great rights and wrongs, and as to what they support and what they oppose, they also must maintain a high level of consistency with the Party Centre with Comrade Xi Jinping as General Secretary. Third, sticking to the battlefield and strengthening management. The Party Committee system persists in the principle of who manages is responsible, and localized management, one level is to grasp one level, all levels are to grasp implementation. Strengthen management of the propaganda and culture battlefield, incessantly perfect and incessantly implement management systems, cut off  and dissemination channels for mistaken thinking trends and speech at the source. Strengthen network management, strengthen public opinion guidance, clean up the network environment, do not give any opportunity to lawbreakers that they may take advantage of.

The meeting stresses the necessity to cautiously do information collection, situation discussion and determination, rapid response and effective handling work well, and especially the necessity to pay close attention to the issue of housing construction, housing guarantee and housing delivery in the area of the people’s livelihood, the issue of quality and security in construction work, and the issue of network public sentiment in the area of construction, strictly handling matters according to the law, guaranteeing that political issues do not occur, and sparing no effort to make contributions to the general task of “enriching the people, renewing Chongqing and scientific development”.

At the Meeting, relevant Municipal Committee documents and the spirit of the meeting were also transmitted and studied, and security and stability work tasks were deployed.

2013年5月8日，市城乡建委党组召开中心组学习扩大会议，专题学习中共中央办公厅印发《关于当前意识形态领域情况的通报》的通知（以下简称《通知》）。会议由委党组书记、主任程志毅同志主持。在家委领导、委直属单位和机关处室负责人参加会议。会上，原原本本学习了《通知》全文，交流了认识体会，研究了贯彻措施。
会议认为，党中央对当前意识形态领域主流态势的认识客观、定位准确，十八大以来，在以习近平同志为总书记的党中央坚强领导下，党和国家各项事业开局良好，党风政风气象日新，民族凝聚力向心力进一步增强，道路自信、理论自信、制度自信进一步坚定，意识形态主流积极健康向上。同时，中央对当前意识形态领域值得注意的七个方面的突出问题分析深刻、态度坚定，对意识形态领域斗争的尖锐性、复杂性有更加清醒的认识。
会议要求，各级党委（支部）要充分认清加强意识形态领域工作的重大意义，充分认识西方宣扬的观点、理论的危害性，充分认识大力宣传“站起来”、“富起来”、“强起来”的重要性，充分认识用科学理论和先进文化教育党员干部的紧迫性。一是加强领导，落实责任。委系统各级党委（支部）要把意识形态工作纳入重要议事日程，经常分析研判意识形态领域的新情况新动向，及时有效地加以应对，防范和处理好意识形态领域的各种矛盾问题。二是搞好引导，明辨是非。加大中国特色社会主义理论体系的教育灌输力度，始终保持理论上清醒、政治上坚定。委系统党员干部对重大政治原则和大是大非问题，支持什么、反对什么，必须旗帜鲜明、态度坚定，在思想上政治上行动上同以习近平同志为总书记的党中央保持高度一致。三是坚守阵地，强化管理。委系统坚持谁主官谁负责和属地管理原则，一级抓一级，层层抓落实。加强宣传文化阵地管理，不断完善和有效落实管理制度，从源头截断错误思潮和言论的传播渠道。强化网络管理，加强舆论引导，净化网络环境，不给不法分子任何可趁之机。
会议强调，要过细做好信息收集、情况研判、快速反应、有效处置工作，尤其要高度关注民生领域在建房保障房交房问题、建设工程质量安全问题、建设领域网络舆情问题，严格依法依规办事，确保不发生政治性问题，奋力为“富民兴渝 科学发展”总任务做出新贡献。
会上，还传达学习了市委有关文件、会议精神，部署了安全稳定工作任务。

Latest Updates

The Major Significance and Basic Experience of Shaping a Socialist Legal System with Chinese Characteristics (2011)

State Council Opinions concerning Strengthening Rule of Law Government Construction (2010)

Notice concerning Filing Inspection Work for Cases Involving Internet Management (2009)

Some Explanations of the Administration of Press and Publications and the State Administration of Industry and Commerce on the “Provisional Rules concerning Newspaper Publishers, Periodical Publishers and Publishing Houses Launching Paid-For Services and Commercial Activities” (1988)

Provisional Rules concerning Newspaper Publishers, Periodical Publishers and Publishing Houses Launching Paid-For Services and Commercial Activities (1988)

Instruction concerning Transmitting the Nationwide Propaganda Work Conference (1957)

News rectification campaign: explained for your convenience

A two-month campaign on news standardization has been announced by the State Council Internet Information office, the arm of the State Council Information Office (or Foreign Propaganda Office, in Chinese) tasked with maintaining order on online news and social media. SIIO has been ramping up pressure on news media recently, so this should not come as any surprise. If this campaign resembles previous campaigns in similar field, there will be a period in which Chinese journalists will be extra careful in toeing the line, particularly in issues of form. Some heinous examples will be brought to light and touted as victory, and after two months, things will go on pretty much as before. As in any large bureaucracy, its more important to appear as if work is being done, than to do work. 

The fun for us academics is in reading the tealeaves as to how this campaign is being framed. Hence, a little lexicon on expressions in this document and how to understand them. I have underlined some terms in the full article, which are explained here:

- Unstandardized news source indications: in principle, most online news websites (with the exception of those belonging to mainstream news outlets such as People’s Daily) are not permitted to gather their own news in matters of economic, political or social interest. They are required to reprint stories from main news sites or Xinhua, and indicate the source used. If such source is absent, that might refer to the fact that foreign reports might have been used, which is a no-no.

- False or inaccurate reports: very often, reports that might be generally true, but that someone in the Party hierarchy wants to keep under wraps. The vaguer the denial, the greater the probability that there might be something to the story. This is particularly true for “inaccurate”, which may be used when the gist of a story is true, but numbers quoted are off. 

- Closely revolving around the larger picture of Party and State work: I call this concept doubletruth, the notion that a story about a true event is not suitable for printing because it might endanger a “higher truth” put forward by politics. “The larger picture” means that journalists must not harm social or political stability for the sake of smaller interests.

- Unity, stability and encouragement: this means that (1) journalists should not clearly identify specific interest groups, but talk in general terms such as ‘the people’, ‘the masses’ or ‘the public’; (2) journalists should maintain stability in all its guises and not incite unrest, dissent, discord or other trouble and (3) journalists should provide clear guidelines for simple actions that can be taken to solve problems that are identified.

- Giving first place to positive propaganda: this propaganda principle was instituted after 1989, as the Party had noticed that a loss of control over the press had led to visible leadership splits, which were exploited by dissenting voices concerned about inflation, employment and other matters. As a result, the decision was taken to focus on positive, rather than negative news. In fact, there’s a whole speech about this.

- Sticking close to reality, life and the masses: news should discuss concrete facts, not larger tendencies. Analysis should focus on individual cases and events, not systemic causes for deeper running problems. 

- Healthy style: first, not causing social unrest or stability issues, but furthermore, also not encouraging vulgarization of public discourse, etc. 

- Professional morals/responsibility: voluntarily and consciously conducting journalism in a Party-approved manner, without the need for the propaganda bureaucracy to intervene – in relation to propagating the Chinese dream, for example. 

State Internet Information Office Deploys and Launches Special Campaign to Standardize Internet News Information Dissemination order  

The State Internet Information Office has deployed a special campaign, starting on 9 May, which will run for two months on a nationwide level, to standardize the Internet news information dissemination order.

The State Internet Information Office’s relevant responsible person states that this special campaign is aimed at prominent problems existing in websites publishing news at present, it focuses on dealing with unstandardized news source indications, releasing false or inaccurate reports, malicious distortion of news titles, illegal use of the name of news organs to release news and other unlawful acts.

This responsible person says that, in recent years, network media have closely revolved around the larger picture of Party and State work, persisted in unity, stability and encouragement, giving first place to positive propaganda, persisted in sticking close to reality, sticking close to life and sticking close to the masses, vigorously disseminated healthy and upward news information, fully reflected the huge achievements obtained in economic and social development, fully reflected the development results that the popular masses enjoy, their happy experiences of leading beautiful lives, and have sung the main melody of the times that the Communist Party is good, Socialism is good, reform and opening up are good, the magnificent motherland is good, and the people of all ethnicities are good online.

This responsible person stresses that standardizing the Internet news dissemination order, providing true and rapid news information in varied forms, with a healthy style and rich content to the public, and creating a healthy and upward network public opinion environment, are important tasks for Internet news information content construction. All localities and all websites must fully understand the importance of launching the special campaign, strengthen organizational guidance, formulate implementation plans, grasp the implementation of work and guarantee that real results are obtained. They must implement their management responsibility, expand inspection and guidance strength concerning the websites in their jurisdiction, supervise websites in completing and perfecting internal management systems, and raise new gatekeeping capabilities. They must expand punishment strength, and strictly deal with law-breaking websites where problems repeatedly occur, and that repeatedly commit offences according to the law. They must give rein to the function of social supervision, and conduct criticism and exposure of dissemination of false news, paid-for news and other acts. They must strengthen news employee training, continue to deeply launch “going to the grass roots, changing work styles, improving language styles” activities, and guide them in establishing a correct view of news, scrupulously abide by professional morals, strengthen a sense of the larger picture and a sense of responsibility, strive to create a good network public opinion environment for the millions of people to realize the magnificent Chinese dream.

国信办部署开展规范互联网新闻信息传播秩序专项行动

国家互联网信息办部署从5月9日起在全国范围内开展为期两个月的规范互联网新闻信息传播秩序专项行动。
国家互联网信息办有关负责人介绍，这次专项行动，针对当前网站登载新闻存在的突出问题，重点整治新闻来源标注不规范、编发虚假失实报道、恶意篡改新闻标题、冒用新闻机构名义编发新闻等违规行为。
该负责人说，近年来，网络媒体紧紧围绕党和国家工作大局，坚持团结稳定鼓劲、正面宣传为主，坚持贴近实际、贴近生活、贴近群众，积极传播健康向上的新闻信息，充分反映经济社会发展取得的巨大成就，充分反映人民群众共享发展成果、过上美好生活的幸福感受，在网上唱响了共产党好、社会主义好、改革开放好、伟大祖国好、各族人民好的时代主旋律。
该负责人强调，规范互联网新闻传播秩序，为公众提供真实快捷、形式多样、格调健康、内容丰富的新闻信息，营造积极向上的网络舆论生态，是互联网新闻信息内容建设的重要任务。各地方和网站要充分认识开展专项行动的重要性，加强组织领导，制定实施方案，抓好工作落实，确保取得实效。要落实管理责任，加大对属地网站检查指导力度，督促网站健全完善内部管理制度，提高新闻把关能力。要加大处罚力度，对屡出问题、屡改屡犯的违规网站依法依规严肃处理。要发挥社会监督作用，对传播虚假新闻、有偿新闻等行为进行批评曝光。要加强新闻从业人员培训，继续深入开展“走基层、转作风、改文风”活动，引导他们树立正确的新闻观，恪守职业道德，增强大局意识和责任意识，努力为亿万人民实现宏伟的中国梦创造良好的网络舆论环境。

Long-Standing Mistakes in Understanding “A Century of Constitutional Governance”

Guo Shiyou, Yanhuang Chunqiu

If we say that the last 12 years of the Qing Dynasty were one of the most complex periods in Chinese history, then 1905 is one of the most important years of that time. It was in that year that the result was declared in the Russian-Japanese War, in which the constitutional monarchy Japan defeated the absolute monarchy Russia, the United League of China, which swore to overthrow the Qing Dynasty, was established in Tokyo, the Empress Dowager Cixi, who suppressed the Hundred Days of Reform with her own hands gave the idea to Emperor Guangxu, to, on the one hand, declare the abolition of the imperial examination system that had lasted for 1300 years in China, and on the other hand, to send Zaize and five other ministers on an unprecedented trip to both the Easter and Western seas, in order to observe and study foreign countries’ constitutional governance, and announced the next year that “constitutional governance patterned after [these countries] is being prepared”, in August 1908, a commitment was made to institute constitutional monarchy within nine years, the “Imperial Constitutional Outline” that attracted worldwide attention appeared soon after. In another three years, the gunfire of the Wuchang Uprising spurred the tide of the Xinhai Revolution, and the constitutional monarchy plans of the Qing Dynasty “for all ages” vanished like a bubble. Until the foundation of the Republic, there was frequent change of masters, the text of the Constitution was incessantly renewed, the result of constitutional governance remained slow in coming time and time again, it never attained the desired goal up to the present, the calls for constitutional governance from the knowledge elite are sometimes hidden, and sometimes emerge, it is a ceaseless path. More than a hundred years have passed since the late Qing constitutional governance observation mission visited foreign countries, the rivers and mountains are unrecognizable, the dream of constitutional governance, however, lingers in the Divine Land, without ever being forgotten. Looking back at the figures of the sages of the modern era who endured great hardships in pioneering work and fought bloody battles, it is hard to avoid that all sorts of feelings well up in one’s mind.

The Chinese Dream Infuses Socialism with Chinese Characteristics with New Energy

This Qiushi editorial was published online on 1 May 2013. It further makes the case for the concept of the Chinese dream and its links to the great rejuvenation of the Chinese nation. As always, there are a lot of historical references to the historical humiliation of China, and the role of the Communist Party in its restoration. There are also the usual lofty claims to moral rectitude of the Party, and its genius in developing the ‘correct path’ for China’s development. 

Persisting in and developing Socialism with Chinese characteristics is a great article, a new article into which one generation of CCP members after another have thrown their heart and soul, and which they have successively written unusually brilliantly. General Secretary Xi Jinping’s Chinese dream, expounded with deep feelings and discussed profoundly, has become the exalted melody and spiritual banner for the present Chinese society, and has infused persisting in and developing Socialism with Chinese characteristics with strong new energy.

State Internet Information Office Deploys Attack on Activities of Fabricating and Disseminating Rumours Online

Original SIIO documents in relation to this campaign have not been made public. This is a Xinhua press release from 2 May.

The journalist understood from the State Internet Information Office on the 2nd that the State Internet Information Office is deploying a concentrated attack on activities of fabricating rumours on the Internet and wilful dissemination of rumours, on a nationwide level, recently, a certain Guizhou person named Li, as well as many other persons using the Internet to fabricate and disseminate rumours were investigated and prosecuted, a batch of microblog accounts fabricating and disseminating rumours were closed, and Public Security organs have imposed public order detention and other punishments.

Notice concerning the Investigation and Prosecution Situation of False and Inaccurate News on Chinanews.com and Other Media

XCTZ No. (2013)121

All provincial, autonomous region and municipal press and publication bureaus, the Xinjiang Production-Construction Corps Press and Publications Bureau, the Liberation Army General Political Department Propaganda Department Press and Publications Bureau, all Central and State Ministries and Commissions, the controlling work units of newspapers and periodicals in all democratic parties and all people’s organizations, the main Central news work units

In recent years, “marching to the grass roots, transforming work styles and improving writing styles” activities have been deeply launched on the news front, news work units have incessantly standardized newsgathering activities and obtained good effects, but there still are a small number of media and journalists who do not deeply verify news clues and network information, and publish false or inaccurate reports, creating a harmful social influence. Hereby, the investigation and prosecution situation of some false and inaccurate media reporting that attracted broad attention in society, is notified:

Latest Updates

Transmitting Positive Energy to Realize the Chinese Dream with a Strong Sense of Social Responsibility – A Pledge (2013)

Decision concerning Revising the “Information Network Dissemination Right Protection Regulations” (2013)

Regulations concerning Some Issues of Applicable Law in Hearing Civil Dispute Cases on Infringement of the Right to Dissemination through Information Networks (2012)

Propaganda Director’s Call to Traditional Media: Wake Up

On 12 April, “Red Flag Manuscripts”, a political theory journal run by the authoritative Party publication Seeking Truth, published an article written by Ren Xianliang, vice-chair of the All-China Journalists’ Association and vice-director of the Shaanxi Propaganda Department. It provides an interesting insight in the intra-official discourse on media governance issues and some of the opinions within the propaganda structure regarding the effect of social media. 

How is the Party to Manage the Media Well in the New Era?

Comprehensively Planning Two Public Opinion Fields, Concentrating Positive Social Energy

In the China of today, two public opinion fields objectively exist, one is the traditional media public opinion field with Party papers, Party periodicals, Party stations and news agencies at the core, one is the new media public opinion field with the Internet as basis. The two public opinion fields’ central dissemination themes, appeals and expressions have been separated and opposed for a long time, which has not only directly challenged the baseline of the principle that the Party manages the media, but has also lead to the separation and confrontation of social strata, grave damage to government credibility and a corruption and weakening of the Party’s governance base.

Latest Updates

Speech at “The Road to Rejuvenation” (2012)

Notice concerning Issues in the Implementation of the “Computer Information Network International Interconnection Security Protection Management Rules” (2000)

Speech at the Propaganda Work Conference of the Chinese Communist Party (1957)

Notice concerning Strengthening the Management of Newsgathering and Editing Personnel’s Online Activities

In order to fully give rein to the positive function of the network and promote the shaping of a heathy news order, the State Administration of Press, Publications, Radio, Film and Television has recently issued the “Notice concerning Strengthening the Management of Newsgathering and Editing Personnel’s Online Activities”, requiring a strengthening of management over newsgathering and editing personnel using network information, setting up individual microblogs and other network activities.