Author: David Bandurski

Now Executive Director of the China Media Project, leading the project’s research and partnerships, David originally joined the project in Hong Kong in 2004. He is the author of Dragons in Diamond Village (Penguin), a book of reportage about urbanization and social activism in China, and co-editor of Investigative Journalism in China (HKU Press).

The Flag Has Not Fallen

kuang biao

In late 2012, China’s outgoing president, Hu Jintao, warned that corruption was a clear and president threat to the Chinese Communist Party. “If we fail to handle this issue well,” he said, “it could prove fatal to the party, and even cause the collapse of the party and the fall of the state.”
Since coming to power, President Xi Jinping has tried to shore up the CCP’s legitimacy by launching an aggressive anti-corruption drive combined with a mass line campaign attempting to drum up support for the Party and tamp down dissent [More here].
In his bid to strengthen the ruling Party’s position and dominance, Xi Jinping has actively reigned in China’s media and sent a harsh message to dissidents and rights defenders through the persecution of the likes of Xu Zhiyong and Pu Zhiqiang.
In the above cartoon, posted by artist Kuang Biao (邝飚) to Sina Weibo, an ear-tagged pig representing, presumably, the Chinese Communist Party, sits in a pot in which he has built himself a gruesome throne made out of bones. He holds high a red flag emblazoned not with the crossed sickle and hammer, symbols of the Party’s alliance with the workers and the peasants, but with the gun and the cleaver — the brutal weapons the pig must use to maintain his rule.

Posts on Hong Kong student boycott deleted

The following post by ChrisTac, a Sina Weibo user with just 360 followers, was deleted sometime before 5:50PM yesterday, September 22, 2014. [See more deleted posts at the WeiboScope Search, by the Journalism and Media Studies Centre]
The post shares an image of the start of university student boycotts in Hong Kong yesterday to protest China’s refusal to grant full universal suffrage to the territory as promised in a 1984 treaty with the United Kingdom. The student boycotts were inaugurated with a mass gathering of students on the University Mall at the Chinese University of Hong Kong.
The image collection on ChrisTac’s Weibo post is topped with a picture showing students holding a banner that reads, “Make a foundation of democracy, to ensure tomorrow is free from trouble.”
A translation of the post follows:

More than 13,000 at the Chinese University of Hong Kong

CUHK boycott

The original Chinese post follows:

香港中文大學 突破一萬三千人


China's corrupt media

The recent investigation into alleged news extortion at 21cbh.com, a financial news website under the auspices of China’s 21st Century Business Herald newspaper, is just the latest smudge on the grubby surface of China’s media industry. We can add it to a long list of desecrations, including the shameless media mudfest over the televised confession of socialite Guo Meimei (郭美美) and sensational coverage of prison escapee Gao Yulun (高玉伦).
The 21cbh.com case stands as further proof positive that China’s media has entered an era of corruption. In the coming years, I’m afraid, we will continue to see cases and stories like these.
“Age of Corruption” was the cover of the April 2013 edition of China Weekly, the magazine where until recently I was editor-in-chief. Our coverage in that issue sketched an outline of the present age in which we have found ourselves. In our political, economic and cultural life, we are in an age of corruption. And there is no better phrase to capture the ethos of our present-day media industry.

age of corruption cover China Weekly
The April 2014 edition of China Weekly magazine, in fact a monthly, bears the headline, “Age of Corruption.”
Here are some other labels that fit our media: vulgar (粗俗), shallow (浅陋), manic (狂躁), cynical (犬儒), arrogant (蛮横), despicable (卑鄙), shameless (无耻).

It would be wrong to point to some past Eden of professional purity. There was no such place. But there was at least a time — counting from around the mid-1990s — when commercial media in China sought a higher professional character as they pursued greater independence in the marketplace. There was a professional esprit de corps that somehow brightened the darker aspects of media practice.
These days, the environment grows more and more unforgiving for those journalists and media that still strive for self-discipline, determined not to make the fall from grace.
On the one hand, cynical opportunism has become the dominant spirit of our industry. Success is measured by lucre and power, and their attraction to the exclusion of all else is irresistible to most. Meanwhile, institutional factors — both political and economic — work against those who persist in their ideals, raising the real costs of good professional journalism.
This perfect storm of moral and institutional corruption has scattered and dissipated those voices within the industry that once served to check the kinds of abuse we see so readily today.
You can still hear the vocabulary of professionalism at media gatherings. But a lot of the issues we held near and dear before — like balanced reporting or protecting your sources — have been usurped by talk of revenue streams, changing business models and “venture capital investment” (创业融资).
The surest way to elicit general groans is to start the conversation about professionalism. Just say the word “innovation,” however, and you’ll put a glow in every eye. What do we mean when we talk about “innovation”? Well, naturally we mean business. What else could we possibly mean?
There is still at least a superficial respect for the idea of pursuing the truth and serving the public interest, but these have been relegated to the margins. In China, we have an ancient literati tradition that emphasizes solicitude for the homeland. We also have the liberal tradition fostered by the newspaper professionals of the Republican Era. And we have, finally, the liberal and professional current that emerged at the outset of the commercial media era in the 1990s and never fully bloomed. But all of these legacies have been rapidly undone in recent years by political and economic pressures and by our darker human instincts.
Short-sighted opportunism — the dominant value in our society today — already reigns supreme in a media industry that once, not so long ago, stubbornly resisted such corrupting influences. The logical and real consequence of this is that the professional capacity of the media industry has not only failed to advance along with social change, but in fact has suffered continuous erosion.

Zhu Xuedong
The author, Zhu Xuedong.
In the past, you could find journalists striving for professional space even against immense institutional pressures, a process that often required yielding to the second-best choice (like Southern Weekly‘s old battle-cry, that while there might be truths that could not be told, they would not tell outright lies). Now, even this instinct is lost among media leaders and editorial staff.
With experienced professionals few and far between, expedience is now the name of the game. Online rumors are accepted as “news” without any effort to confirm, fact-check or actually conduct interviews. This is so frightfully common you can even find it at well-regarded media that consider themselves serious professional players.
Our content has become homogenous and superficial. I doubt you could find any time when reporting and writing in our media was so degenerate. These days, news stories slip carelessly into snap political judgements. Even profanity is used without care.
We all know the tendency our online media have to fish for readers with the sensationalizing of headlines. We now use the term “headline party,” or biaotidang (标题党), to refer to those who practice this special form of opportunism. But even our so-called serious media can be found hyping female sexuality on the front page or in prominent headlines. There’s almost nothing we won’t do, however undignified, to attract the all-important eyeball (吸引眼球).
When an official news release came out on the “confession” of Guo Meimei, we threw professional conduct and ethics aside entirely, becoming nothing more than an attack mob. Everyone used the information in the release and not a thing more. We didn’t even bother to attempt the most perfunctory of interviews.
Have we really abandoned the high road for the low road?
There are still media in China struggling to hold on to their professional standards. There are still journalists doing their best to take the high road, pursuing truth for the betterment of our society. But we cannot deny that the travelers on that road are an ever rarer sight. Nor can we deny that the other path grows more crowded by the day.
This article is a translated and edited version of a piece appearing on Tencent’s Dajia platform on September 17. Zhu Xuedong (朱学东) was the editor-in-chief of China Weekly magazine until his resignation earlier this year. He served formerly as deputy editor-in-chief at the Information Morning Post, executive editor-in-chief at Media magazine, and editor-in-chief at Window on the South. He is now working as a freelance writer.

China Daily post on Weibo deleted

The following post by China Daily (中国日报), an English-language newspaper published by the Information Office of China’s State Council, was deleted sometime around 11AM today, September 17, 2014. [See more deleted posts at the WeiboScope Search, by the Journalism and Media Studies Centre]
The China Daily post on Weibo summarizes a report published on Monday by Hong Kong’s South China Morning Post (article in Chinese here) that said Oxford University, which has produced “a long list of political leaders in many different countries” now hoped to “produce its first Chinese president.”
The post from the Weibo account of the government’s own English-language external propaganda newspaper was presumably censored because the idea that the sons and daughters of CCP elites — sometimes called the “second-generation reds” — are studying at universities like Oxford (and might be expected to become senior leaders themselves) is a sensitive notion, underscoring the disproportionate opportunities available to Party leaders and their families.
A translation of the post follows:

[Oxford University seeks to train China’s future leaders] Andrew Hamilton, the vice-chancellor of England’s Oxford University says that many political leaders have studied at Oxford, and now Oxford hopes that a future Chinese General Secretary with emerge from Oxford. Currently, says Hamilton, around 900 students from China, Hong Kong and Macau are studying at Oxford. China, says Hamilton, is now a major priority for Oxford, and as move further into the 21st century China will only become more important for Oxford. http://t.cn/RhaVBZL

oxford post CD

The shortened link at the end of the China Daily post takes readers to the Chinese-language story at the South China Morning Post.
The original Chinese post follows:

【牛津大学望培养中国未来领导人】英国牛津大学校长贺慕敦表示,许多国家的政治领导人都出自牛津,如今牛津希望中国未来国家主席出身于此。牛津大学现有900多名来自内地、香港及澳门的学生,贺慕敦表示,中国如今是牛津关注的重点,而随着21世纪展开,中国对牛津将会愈发重要。http://t.cn/RhaVBZL

Defense denied access to case files, says Guo Feixiong

Criminal proceedings are scheduled to begin in Guangzhou today against human rights activist and lawyer Yang Maodong (杨茂东), most often known by his nom de plume, Guo Feixiong (郭飞雄).
Yang, a long-time human rights campaigner who was previously jailed in 2007 for the unauthorized publication of a political expose (and released almost exactly three years ago), was arrested in August 2013 and later charged with “gathering a crowd to disrupt order in a public place.”

yang

At least some of Yang’s present charges stem from his alleged organization of protests in January 2013 outside the office’s of Guangzhou’s Southern Weekly newspaper.
Yesterday, ahead of today’s trial proceedings, Yang issued a statement circulated on Twitter, Facebook and Chinese social media, in which he accused the court of violating his right to legal defense by preventing access to key case materials.
Our full translation of Yang’s statement follows:

Statement from Prison by Mr. Guo Feixiong
In the process of hearing the case against me for so-called ‘disturbance of public order’ (聚众扰乱公共场所秩序), there have been numerous instances of violations of legal procedure. In particular, there have been violations of Article 38 of the Criminal Procedure Law, namely the preventing of my defense lawyers, Chen Guangwu (陈光武) and Zhang Xuezhong (张雪忠), from copying eight discs of digitized case materials (including video taken at the scene, photographs and other evidence). This already constitutes a serious violation of the legal right of defense of myself and my defense lawyers.
If the court continues tomorrow (September 12, 2014) to proceed according to its original designs, well then, the court and the trial will be improper and illegal, and therefore entirely null and void. Tomorrow, in the midst of this illegal and entirely void trial process, I will maintain silence throughout.
Here I wish only to voice my utmost resistance and condemnation to the tyrannical stability preservation system, which flagrantly violates the law and tramples on its spirit, and which regards the basic interests of the Chinese people — namely, the realization of constitutionalism and democracy — as an abyss that means the end of the world.
If those in power wish, in disguised fashion, to do away with the legal defense system, returning us to the kind of criminal justice system we had in the days before the end of the Cultural Revolution, when [the right to] legal defense did not exist and family members could not attend trial proceedings — well then, let them begin with the cases against me and against Sun Desheng (孙德胜)!
Guo Feixiong (郭飞雄), a.k.a. Yang Maodong (杨茂东)
September 11, 2014


Lu Wei: the internet must have brakes

Speaking to a panel on “the future of the internet economy” at the World Economic Forum’s 2014 Summer Davos in Tianjin yesterday, Lu Wei (鲁炜), the director of China’s State Internet Information Office (SIIO), said there must be “mutual integration” of international rules for internet governance and the national laws of various countries.
“Freedom and order are twin sisters, and they must live together,” said Lu Wei, according to a report from the official Xinhua News Agency. “The same principle applies to security. So we must have a public order [internationally]. And this public order cannot impact any particular local order.”
Lu Wei, a former municipal propaganda minister for Beijing, has a reputation in China as a hard-liner bent on strengthening control over the internet, and particularly social media. Many Chinese journalists attribute China’s 2013 crackdown on “Big V” users on Sina Weibo to Lu.

lu wei

Suggesting that controls should be built into internet technology as it develops globally, Lu likened the internet to a car, for which brakes are an absolutely necessary feature.
“The internet is like a car,” said Lu Wei. “If it has no brakes, it doesn’t matter how fast the car is capable of traveling, once it gets on the highway you can imagine what the end result will be. And so, no matter how advanced, all cars must have brakes.”
A full translation of the Xinhua report of Lu Wei’s remarks follows:

The Speed of China’s Internet Development Has No Equal
During the dialogue, Lu Wei remarked that over the past 20 years, China’s internet has developed at a fierce pace. China now has close to four million websites, 600 million internet users and 1.3 billion mobile phone users, of which 500 million use mobile internet services. The number of internet users in China is greater that the total populations of many countries, and accounts for one-fifth of all internet users in the world. Internet enterprises in China have also developed rapidly, and of the 10 most competitive internet enterprises in the world, China is home to four. E-commerce in China has grown at double-digit pace, at nearly 30 percent, in fact — a level of growth that has no equal in the world. Looking at e-commerce in China, annual business transactions total more than 10,000 billion (10万亿), and this is expected to grow 20 percent in 2014. We have already seen a 20 percent increase in e-commerce growth during the first half of the year.
What is it that has driven the ferocious development of China’s internet? Lu Wei believes that, first of all, it has been China’s open policy approach. Without the policy of reform and opening, China’s internet would not have grown so rapidly. Secondly, Chinese internet enterprises have a strong sense of innovation. Without this level of innovation, these enterprises could not have performed so well. Thirdly, Chinese internet enterprises have worked with internet companies around the world and accommodated the global trends in internet development. Fourthly, China’s internet is managed in an orderly manner. It’s precisely because of this orderly management that China’s internet has developed in a scientific manner. Finally, China has gathered together a group of elite internet experts.
Internet Governance Must Be “Multilateral, Democratic and Transparent’
In addressing the issue of internet governance, Lu Wei used three words. The first was “multilateral” (多边), meaning the accommodation of various interests to a single goal. The second was “democratic” (民主), meaning that we discuss decisions together, and no single person, or no single country, or no single interest group can have the final say all on its own. The third was “transparency” (透明), meaning that internet governance must operate by transparent rules, and the whole world must be clear about these rules.
Across these three principles, said Lu Wei, we have a consensus [globally], and we can certainly reach the best methods that allow the internet to become Alibaba’s treasure box rather than Pandora’s box.
Combining International Public Order and Respect for National Laws
Lu Wei said that the establishment of rules was necessary, that if there were no rules governing e-commerce then problems such as piracy would result . . . Freedom and order are twin sisters, said Lu Wei, and they must live together. The same principle applied to security. So we must have a public order. And this public order cannot impact any particular local order. Therefore, there was a need for the mutual integration of the international public order [of the internet] and the laws of every nation. Only then will the internet be ordered as it should be.
The Basic Line of Thinking in China’s Approach to Internet Management is Respect for the Law
Lu Wei emphasized that the basic line of thinking in China for the management of the internet was respect for China’s laws. More concretely: 1) protection of China’s national interests; 2) protection of the interests of Chinese consumers. These are China’s legal bottom lines. What we cannot permit, [said Lu], is the taking advantage of China’s market, of profiting from Chinese money, but doing damage to China. This will absolutely not be permitted. It is unacceptable to harm China’s interests, to harm China’s security, or to harm the interests of China’s consumers. Assuming respect for this bottom line any internet company is welcome in China.
We Must Have a Clear Consciousness in the FAce of Rapid Technological Development
Discussing what sort of internet should be built, Lu Wei said that, first of all, the internet space should be peaceful (和平的), promoting the peaceful interaction among people, and it cannot provoke war in the world. Second, it must be secure. It cannot make people like goldfish in a fishbowl, their personal information revealed for all to see, or suffering slander at the hands of others. Third, it should be open, being interoperable at all access points in the world — because without openness the internet effectively does not exist. Fourth, [the internet should be] cooperative.
Lu Wei emphasized that we must remain clearly conscious about the rapid development of internet technologies. On the one hand, we cannot restrict the development of technologies simply because it is too fast; on the other hand, we cannot lose sight of security as technologies develop. The internet is like a car, [said Lu Wei]. If it has no brakes, it doesn’t matter how fast the car is capable of traveling, once it gets on the highway you can imagine what the end result will be. And so, no matter how advanced, all cars must have brakes.

Unhealthy criticism of a failing health system?

The following post by “Bai Gu Lun Jin” (摆古论今), was deleted sometime around 8AM today, September 10, 2014. [See more deleted posts at the WeiboScope Search, by the Journalism and Media Studies Centre]
The post shares quotes from health professional and SARS hero Zhong Nanshan (钟南山) [official paean here], spoken in March 2014 during the annual full session of the National People’s Congress (NPC). The quotes, in fact, are all available publicly in coverage from of the NPC from the official Xinhua News Agency — making this an apparent case where social media censors are far more sensitive than their counterparts in traditional media.
During the March NPC, Zhong harshly criticized China’s medical profession, which he said relied on “selling prescriptions” that patients didn’t necessarily need. He urged reform of China’s healthcare system, and decried reform trends that put the health business before the well-being of patients.
A translation of the post follows:

“Doctors all around the world rely on their art to fill their bellies, but in China doctors rely on the sale of prescriptions.” “In half a day one doctor sees 50 patients. What time does he have to talk with those who are ill? You wait in line for three hours, and you see a doctor for three minutes. With such little interaction its easy for tensions to emerge.” “We can talk about the ethical shortcomings of our doctors, but it’s better to talk about the problems in our healthcare system. Healthcare reform must not be about economic ways of thinking, but about how to respect life.

The original Chinese post follows:

全世界医生都靠技术吃饭,中国医生靠卖药吃饭】一个医生半天要看50个人,有什么时间和病人交流?排队3小时、看病3分钟,没有沟通就容易产生矛盾。与其说是医生道德问题,不如说是医院体制问题。医改不应该用抓经济的思路,而要尊重生命。——钟南山 http://t.cn/8sv3BQO 支持他观点的请转发!

zhong nanshan

Pick a puppet, any puppet

HK democracy

On September 31, the Standing Committee of China’s National People’s Congress issued strict procedures for the election in 2017 of Hong Kong’s next chief executive. The NPC proposal essentially gave China’s central government the right to decide who could and could not stand as a candidate for Hong Kong’s top office. Quoted in the New York Times, veteran Democratic Party politician Cheung Man-kwong, said: “By endorsing this framework, China has in truth and in substance reneged on her promise to give Hong Kong universal suffrage.” In the above cartoon, posted by Perverted Pepper to Twitter, President Xi Jinping, in a tank that has haphazardly been relabelled “democratic party,” approaches a man labelled “Occupy Central.” Xi offers a choice between two red puppets, both with menacing teeth. In the background, an anxious Taiwan looks on.

Xi's missing terms emerge again

Just last week, in a post called “The Missing Speech,” I discussed the significant omission from a new compilation of speeches by Xi Jinping — A Primer of Important Speeches by General Secretary Xi Jinping — of a speech he made on December 4, 2012, to commemorate the 30th anniversary of China’s Constitution. I singled out the most important phrase Xi uttered during that speech: “Rule of the nation by law means, first and foremost, ruling the nation in accord with the constitution; the crux in governing by laws is to govern in accord with the constitution.”
The pair of terms in this phrase — “ruling the nation in accord with the constitution” (依宪治国) and “governing in accord with the constitution” (依宪执政) — received a great deal of attention inside and outside China at the time of Xi’s speech, and they were also for a time widely touted by Chinese media. Some felt that they bore the promise of greater reform. But before long they disappeared altogether. As of August 2014, the former term, “ruling the nation in accord with the constitution,” had been unused for six months, and the latter term, “governing in accord with the constitution,” had been unused for nine months.
I concluded my post by saying that the appearance (or continued disappearance) of Xi’s words during next month’s 4th Plenum of the 18th Central Committee of the Chinese Communist Party would be an important test of how and whether the agenda has shifted.
As it happens, both terms have already re-emerged. On September 5, President Xi Jinping gave a speech to commemorate the 60th anniversary of the founding of the National People’s Congress (NPC). In the speech, Xi said: “The Constitution is the most basic law of our country. Rule of the nation by law means, first and foremost, ruling the nation in accord with the constitution; governing by laws is first and foremost, governing in accord with the constitution.”
For a more detailed look at the strange ups and downs of this important phrase, I refer readers to my earlier piece. But what can we infer from this strange pattern of use of this pair of slogans, what in Chinese we call tifa (提法), or “watchwords”?

spectrum

In my past analyses of political discourse in China, I’ve defined a four-color spectrum to categorise political speech: DEEP RED, LIGHT RED, LIGHT BLUE and DEEP BLUE.
Terms in the DEEP RED are mostly leftist slogans left behind by Mao Zedong. The Party’s dominant language is in the LIGHT RED, terms like “Socialism with Chinese Characteristics” (中国特色社会主义) or “not traveling the old road” (不走老路). LIGHT BLUE terms are more liberal ones that are not used by the Party but are not off limits. They might be seen, for example, in commercial newspapers like Southern Metropolis Daily, and much less frequently in the likes of the People’s Daily.
DEEP BLUE terms like “multiparty system” are off limits, hence the vertical red line in the graphic above. This means they are not generally used at all, at least in a positive sense. Since last year we can say we’ve seen a re-emergence of the DEEP RED in China, and along with this shift we’ve seen a number of terms typically in the LIGHT BLUE — such as “constitutionalism” and “civil society” — shift over into the DEEP RED, become taboo terms.
We can regard Xi Jinping’s above mentioned terms — “ruling the nation in accord with the constitution” (依宪治国) and “governing in accord with the constitution” (依宪执政) — as LIGHT RED terms. And at certain times, we might see these terms banished to the cold house, in which case they move further along the spectrum and become LIGHT BLUE terms (not used officially).
Political watchwords in China run hot and cold, and they can reflect political changes in the country. But the relationship between discourse and political shifts or circumstances is a complex one, and we have to avoid the temptation of oversimplifying.
Based on my observations of the ebb and flow of these constitutional terminologies employed by Xi Jinping, I believe they are closely tied to the internal struggle over constitutionalism in China.
In the summer of 2013, in the midst of a vehement campaign against constitutionalism, “ruling the nation in accord with the constitution” (依宪治国) and “governing in accord with the constitution” (依宪执政) disappeared entirely in the media. In the midst of the 3rd Plenum late last year, the terms came back again briefly. But through spring and summer this year, the anti-constitutionism drums beat strong again, and we saw a corresponding dip in use of these slogans.
Some people believe that the Chinese Communist Party has recognised this issue. Seeing that Xi had once again used these two terms, one scholar friend who specialises in constitutionalism shared his thoughts with me as follows:

These terms “ruling the nation in accord with the constitution” and “governing in accord with the constitution” that Xi is using refer to the preamble to the Constitution, which essentially says that the Chinese Communist Party is the leadership core of the project of socialism with Chinese characteristics. As the CCP understands it, this [sentence?] makes clear the ruling status of the Chinese Communist Party, and this is the basis of the Party’s rule. There is a huge gap between how the system understands this and how the public understands it. If you leave out these eight [Chinese] characters — “ruling the nation in accord with the constitution” and “governing in accord with the constitution” — you’ve lost the basis of Party rule. They’ve realised this. I think these terms missing from the Xi Jinping collection is just about how they mediate things internally.

I agree with what this friend says. Certainly, there is often a “huge gap between how the system understands [something] and how the public understands it.” There are a lot of Chinese who hope ardently for reform, and every time this or that slogan appears they read their own hopes into it, often missing the fact that inside the shiny new bottle it’s the same old wine.
But this does not mean that political watchwords leave us entirely without solutions. In fact, we can often observe what the numbers tell us about “how the system understands” something. In China, to understand how the DEEP RED and LIGHT RED constrain DEEP BLUE, and how the DEEP RED and LIGHT RED often contest one another, all we need is to observe the movement of the term “political reform” (政治体制改革).
Just consider. How is it possible that for such important terms as “ruling the nation in accord with the constitution” (依宪治国) and “governing in accord with the constitution” (依宪执政) — terms that deal with the Party’s core concepts — saying them and not saying them amount to the same thing?
Some people say, well, Xi Jinping has always talked about “ruling the nation by law” (依法治国), which is basically the same thing as “ruling the nation in accord with the constitution” and “governing in accord with the constitution,” right? But the difference in emphasis is, I believe, significant. Look again at what Xi Jinping said in December 2012:

Rule of the nation by law means, first and foremost, ruling the nation in accord with the constitution; the crux in governing by laws is to govern in accord with the constitution.

And what he said in this September 5 speech:

The Constitution is the most basic law of our country. Rule of the nation by law means, first and foremost, ruling the nation in accord with the constitution; governing by laws is first and foremost, governing in accord with the constitution.

I think with Xi Jinping’s talk of “first and foremost” and “the crux” in the above two passages we can see clear differences of emphasis between these and “ruling the nation by law.” I cannot possibly be an accident or an incidental choice for Xi Jinping to have used these particular phrases, these slogans, in these two speeches.
Many people, of course, don’t trust the slogans of the Chinese Communist Party. They’ll point out that the Party has always said one thing and done another. So even if they sign these two slogans about the constitution to the heavens, we can’t take this to mean they’re actually going to move in the direction of real constitutionalism. I’ll admit the reason in this too. However, I think it’s worth continuing to watch this deployment of watchwords.
This most recent speech of Xi Jinping’s deserves particular attention. It should be understood as an opening salvo to the upcoming 4th Plenum. It should be a signal of some sort that he has chosen at this moment to once again raise these two terms, “ruling the nation in accord with the constitution” and “governing in accord with the constitution.”
At the same time, it’s not enough to dwell on these terms. Looking at the full text of Xi’s September 5 speech, we can see LIGHT RED terms mixed together with clear DEEP RED language like “dictatorship” (专政). So it’s very hard to tell what positives can be inferred from these nuances of discourse.
One thing we can be quite sure of, however, is that there are people within the Party who are unsettled by Xi Jinping’s decision to use these terms.
With the re-introduction of the above mentioned terms in Xi Jinping’s September 5 speech, the questions I laid out in my last post are not eliminated. For from it. They are more pronounced than ever.
“Ruling the nation in accord with the constitution” and “governing in accord with the constitution” have a directional quality and even possibly are banner term material (representing Xi’s hoped-for legacy like the “Three Represents” for Jiang Zemin and “scientific development” for Hu Jintao). Xi Jinping used them at the beginning of his term in office, and now we see them emerging again.
But why would A Primer of Important Speeches by General Secretary Xi Jinping, the volume intended as “a scientific compass for the unifying of ideas and advancement of [Party] work in the new era,” leave out these slogans? It’s hard to imagine that such a collection, produced by the Central Propaganda Department, would be published at all without the blessing of Xi Jinping. If it did have his blessing, why again would these slogans be removed? And then, just as everyone throughout the Party is poring over their copies of this volume without Xi Jinping’s “ruling the nation in accord with the constitution,” the term crops up again?
Where does this leave the Primer as an authoritative volume?
My friend, the constitutional expert, is right. We have to watch “how they mediate things internally.”
Chinese politics today are an exceedingly complex system in which DEEP RED, LIGHT RED, LIGHT BLUE and DARK BLUE face off in a chess game in which the rules are equally unclear.
As I wrote in my last post, the 18th Central Committee of the Chinese Communist Party will meet for its 4th Plenum next month. Party media have already reported that the meeting will “research the thorough promotion of rule of the nation by law.” I posed the question: would the Xi Jinping statements that “rule of the nation by law means, first and foremost, ruling the nation in accord with the constitution” or “the crux in governing by laws is to govern in accord with the constitution” appear at the 4th Plenum?
Now, one month ahead of the Plenum, Xi Jinping’s September 5 speech seems to have raised the probability that we will see these watchwords next month.
I urge observers of Chinese politics to watch these words closely. Though of course, things are never quite so simple. I noticed, for example, that while the full text of Xi Jinping’s September 5 speech as released by Xinhua News Agency does have both of these terms, Xinhua’s official news release on the meeting did not mention them at all. Nor did the news about the meeting on the front page of the People’s Daily make any mention of them.
Was that negligence too?

The missing speech

An official tome released this summer from the Chinese Communist Party’s Central Propaganda Department, A Primer of Important Speeches by General Secretary Xi Jinping is the talk of the town in Beijing. It is estimated that some 10 million copies have circulated since the middle of August alone, and the collection has been touted as “a scientific compass for the unifying of ideas and advancement of [Party] work in the new era.”
According to the book’s preface: “The structure of this book was designed on the basis of the study and review of a series of important speeches made by General Secretary Xi Jinping. The discussions and opinions herein are faithful to the originals.”
However, upon careful review of the collection I discovered a very significant “error” in the compilation of the material. One important speech is missing.

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This book, totaling over 110,000 words, includes some 40 or so speeches made by Xi Jinping since he became general secretary of the Chinese Communist Party. Some of the speeches are directly quoted in the book, while for others the editors explicate the “spirit” of Xi’s language.
Generally, all of the speeches Xi Jinping has made since the 18th National Congress in November 2012 should be eligible for inclusion, excepting of course those that cannot be included for reasons of sensitivity. But for some reason, the volume has passed over Xi Jinping’s speech on “ruling the nation in accord with the constitution” (依宪治国) and “governing in accord with the constitution” (依宪执政).
On December 4, 2012, Xi Jinping made a speech in Beijing to commemorate the 30th anniversary of the promulgation and implementation of China’s constitution. This speech attracted a great deal of attention both inside and outside China. In the speech, Xi Jinping said: “Rule of the nation by law means, first and foremost, ruling the nation in accord with the constitution; the crux in governing by laws is to govern in accord with the constitution” (People’s Daily, December 5, 2012). For Xi Jinping to use the words “first and foremost” and “crux” in these remarks represented a marked departure from the language of his predecessors, Jiang Zemin and Hu Jintao.
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Xi Jinping’s December 2012 speech commemorating the 30th anniversary of China’s Constitution becomes a hot topic in the Party media, including the People’s Daily.
In the wake of Xi Jinping’s December 2012 speech on the constitution, the terms “administering the nation in accord with the constitution” and “governing in accord with the constitution” became hot-button terms in China’s media. In fact, the Party’s official People’s Daily newspaper wrote a series of three editorials from “this paper’s editorial writer” (本报评论员) expounding on this particular speech. Here is what one of those editorials said:

Rule of law means first and foremost rule by the Constitution. The “law” we refer to when we speak of ruling the nation in accord with the law are is the body of law of which the constitution forms the core, and the complete legal system. Here, the Constitution, as the major basic law of the country, is the most important law among laws, the core of the entire legal system. All of our country’s laws are made in accordance with the constitution, and set out specific systems and principles in line with the spirit of the constitution. Therefore, ruling the nation in accord with the constitution (依宪治国) is not only a necessary demand of rule of the nation in accord with the law (依法治国), but is also the foremost meaning of rule of the nation in accord with the law.

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An editorial in the People’s Daily by “this paper’s editorial writer” explicates Xi Jinping’s remarks on “rule in accord with the constitution.”
At around the same time, the People’s Daily ran an article by Jiang Bixin (江必新), the vice-president of the Supreme People’s Court, called, “Ruling in Accord with the Constitution to Open a New Era of Rule of Law” (依宪执政开启法治新时代). Jiang spoke with high regard of Xi Jinping’s speech on the constitution and rule of law, saying that “it is a declaration that fully promotes rule of the nation in a accord with the law, and accelerates the building of a socialist nation ruled by law.” He added that Xi’s speech was a “mobilization order” and a “blueprint for the building of rule of the nation in accord with the constitution, and governing in accord with the constitution.”
Such an “error” of omission, an “error” of such magnitude, is virtually impossible in China’s sensitive political culture. We have to understand that specialist vocabularies are what constitute the political discourse of the Chinese Communist Party, and the discourse we glimpse in the dissemination of news and information in China — particularly from official CCP media — is a reflection of the Party’s agenda.
As I’ve pointed out before, the People’s Daily byline “this paper’s editorial writer” (本报评论员) points at a very minimum to the fact that what your are reading is the paper’s official editorial — not forgetting, of course, that the People’s Daily is the official mouthpiece of the CCP’s Central Committee. And if the editorial in question is part of a special series of editorials, it carries even greater weight.
From the close of the 18th National Congress in December 2012 up to the closing date of the recently released published collection in June this year, the People’s Daily ran 10 special editorials from “this paper’s editorial writer” dealing with various speeches made by General Secretary Xi Jinping. (There was one other dealing in a more general sense with Xi’s speeches). We can fairly say that the People’s Daily dealt with Xi Jinping’s speech to commemorate the 30th anniversary of China’s Constitution in the loftiest way possible, and engaged in a very detailed explication of the phrase “ruling the nation in accord with the constitution” (依宪治国).
For this recent collection and review of Xi Jinping’s speeches to exclude this particular speech by the General Secretary is in fact an almost unimaginable turn.
Of the speeches previously receiving strong emphasis in the Party press, there are at least four others missing from the new collection. First are a pair of speeches Xi Jinping made on the issue of Xinjiang. Second are two speeches Xi made at the Central Work Conference on Politics and Law (中央政法工作会议). The omission of the Xinjiang speeches is easy enough to understand, dealing as they do with sensitive issues of separatism and terrorism. The omission of the latter two speeches, however, deserves some special attention.
The published collection on Xi’s speeches is divided into 12 topical sections. The section most relevant to the pair of speeches to the Central Work Conference on Politics and Law would be section 5, which is copiously titled, “Making Full Use of the Superiority of our Country’s Socialist System: On Developing Socialist Democratic Politics and Rule of the Nation by Law” (充分发挥我国社会主义政治制度优越性——关于发展社会主义民主政治和依法治国). The second heading under this section deals specifically with the question of rule of law, and introduces four key points under the following terminologies: scientific legislation (科学立法); strict enforcement of the law (严格执法); judicial justice (公正司法); the populace abiding by the law (全民守法). The collection avoids reference to important original language Xi Jinping used at the Central Work Conference on Politics and Law, namely his remarks on “strengthening and improving of the Party’s leadership of political and legal work . . . using rule of law modes of thinking and rule of law methods to lead political and legal work. However, section 5 of the collection did mention “using rule of law modes of thinking and rule of law methods to deepen reforms.”
So we can see that not only does the collection fail to mention Xi Jinping’s important speech on the 30th anniversary of China’s Constitution, but it also entirely omits from its section on “rule of the nation by law” (依法治国) the original language used by Xi: Administering the nation by laws means, first and foremost, administering the nation in accord with the constitution; the crux in governing by laws is to govern in accord with the constitution.
We can only say that this is a manifest “error” on the part of the collection’s editors. But was this a error of selection, an editorial slip? Or does it mark a dramatic departure in the dominant terminology of Party discourse, what we call tifa (提法)? And if this is an example of the latter — meaning a discourse shift — who made the decision? Was it the Central Propaganda Department? Or was it the general secretary himself?
Not privy to those internal discussions and decisions, I can only make a judgement on the basis of the discourse as it has trended in the Party media.
The emergence in the Party media of the terms “ruling the nation in accord with the constitution” (依宪治国) and “governing in accord with the constitution” (依宪执政), and the eventual fate of these terms, is in fact quite a fascinating subject.
After the 18th National Congress in 2012, they appeared for the first time in headlines in the official People’s Daily. In December 2012, there were six articles in the People’s Daily using either or both terms. In my view, the combined phrase — ruling the nation in accord with the constitution; governing in accord with the constitution — was very possibly conceived originally as a Xi Jinping banner term, like Jiang Zemin’s “Three Represents” (三个代表) and Hu Jintao’s “Scientific View of Development” (科学发展观). But as we entered 2013, the terms cooled off.
These were Xi Jinping’s most jarring slogans after taking the Party’s top post in 2012, and they were closely tied to the subsequent championing of “constitutionalism” that we saw among intellectuals in China. The rise and fall of these terms reflects internal political sensitivities. In January 2013 — the month that the Southern Weekly incident erupted in Guangzhou around the censoring of the New Year’s message on constitutionalism — the terms did not appear in the People’s Daily. Then, after appearing once each in February and March that year, the terms disappeared from the paper altogether from April to July. In August, there was one appearance of either term, just as the propaganda tide against constitutionalism reached its height. In October 2013, there was one appearance. In November, two appearances. In February, 2014, there was one final appearance — and since then we’ve not seen the terms at all.
During this period, there are three articles the especially deserve our attention. After the “Seven Don’t Speaks” came out — targeting discussion of such things as “constitutionalism” and “civil society” — they caused ideological confusion in China.
On October 17, the People’s Daily re-ran in full an essay from the Party journal Qiushi attributed to “Autumn Stone” (秋石) — a writer, or group of writers, of unknown identity. It was called, “Firming Up the Common Ideological Basis for United Struggle by the Party and the People” (巩固党和人民团结奋斗的共同思想基础), and was essentially an open version of the “Seven Don’t Speaks.” But while many Chinese objected to the clear leftist tone of the piece, I realized that in fact it made some fine adjustments to the notion of “Seven Don’t Speaks.” For example, the piece admitted to the existence of commonly shared human values, but made clear its objection to a notion of “universal values” that were, in its view, patently Western values. Furthermore, the piece did not criticize “civil society.” And while it continued the attack on “constitutionalism,” it professed support for something it called “socialist constitutionalism” (社会主义宪政) — and in related discussions it again raised the terms “ruling the nation in accord with the constitution” and “governing in accord with the constitution.”
On November 9, the Third Plenary Session of the 18th Central Committee of the Chinese Communist Party opened in Beijing. That day, the People’s Daily ran a lengthy front-page piece called, “A New Starting Point for History on the Chinese Road” (中国道路的“历史新起点). On November 11, the newspaper ran another piece called, “A Magnificent Chapter: A Review of the Building of Democratic Politics Since the 18th National Congress (政治文明的壮丽篇章——十八大以来民主政治建设述评). These two articles did use General Secretary Xi Jinping’s original language about “ruling the nation in accord with the constitution” and “governing in accord with the constitution.”
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These three pieces in October and November 2013 account for the peak that can be sign in the middle of the above graph showing us of Xi Jinping’s term relating to the constitution. But after the Third Plenum, we find that the decision emerging from the plenum about “deepening reforms” does not include the Xi Jinping’s terms.
Since the “Decision” emerging from the Third Plenum, we have not seen the term “governing in accord with the constitution” in the People’s Daily. There is only one instance where we’ve seen the second term, “ruling the nation in accord with the constitution,” in the People’s Daily. That was on February 28 in an article called, “Strong Rule of Law Means a Strong Nation: An Interview with National People’s Congress Legal Committee Vice-Chairman Xu Xianming” (法治强则国家强——访全国人大法律委员会副主任委员徐显明).
Counting from December 2013 to August 2014, we’ve seen the absence of “governing in accord with the constitution” for 9 months already. Counting from March 2014 to August 2014, we’ve seen the absence of “ruling the nation in accord with the constitution” for 6 months.
The collection of Xi Jinping’s speeches was published in June, and in July we once again saw a cresting of the ideological restrictions we call the “Seven Don’t Speaks.” The Chinese Academy of Social Sciences moved to strengthen ideological controls. The Organization Department of the CCP Central Committee sent out a notice on strengthening the ideological training of Party cadres (在干部教育中加强理想新年和道德品行教育). Finally, a piece from Han Qingxiang (韩庆祥), deputy head of education at the Central Party School, appeared in the People’s Daily on July 23. Han’s article, “Having a Deep Understanding of ‘the New and Great Struggle'” (深刻理解“新的伟大斗争”), once again launched an attack against “constitutionalism,” “universal values” and “civil society.”
The above attacks form the larger background against which we can consider the absence of Xi’s remarks on the constitution from A Primer of Important Speeches by General Secretary Xi Jinping. The terms “ruling the nation in accord with the constitution” (依宪治国) and “governing in accord with the constitution” (依宪执政) undoubtedly ruffle the feathers of those who oppose constitutional governance. The champions of the ideologically-laden discourse that I refer to as “deep red” treat even the “light red” discourse used by some Party leaders as a matter of great sensitivity. They will actively resist any language that smacks of reform.
Next month, the 18th Central Committee of the Chinese Communist Party will meet for its 4th Plenum. Party media have said recently that the meeting will “research the thorough promotion of rule of the nation by law.” Soon after he took office, Xi Jinping said that “rule of the nation by law means, first and foremost, ruling the nation in accord with the constitution” and that “the crux in governing by laws is to govern in accord with the constitution.”
Will Xi’s words appear next month as Party leaders meet to discuss “rule of the nation by law”? We can regard this question as an important test of how and whether the agenda has shifted.