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КОММУНИКОЛОГИЯ - COMMUNICOLOGY
■ ■ ■ СЛОЖНОСТИ И ПЕРСПЕКТИВЫ АНТИКОРРУПЦИОННОЙ ДЕЯТЕЛЬНОСТИ И ПРАВОВОГО УПРАВЛЕНИЯ В СОВРЕМЕННОМ КИТАЕ
Автор: ФЭН ЦЮЯНЬ
ФЭН ЦЮЯНЬ - доцент Харбинского технологического института, член правления Ассоциации сравнительного правоведения Китая. Адрес: КНР, провинция Хэйлунцзян, г Харбин, ул, Сидачжи, 92. А/я 235.
Аннотация. В 2004 г в китайской провинции Цзянсу был принят первый официальный документ под названием «Программа внедрения принципа управления на основе законов в провинции Цзянсу». Согласно программе планировалось в период с 2006 по 2015 гг. реализовать управление в соответствии с законом в центральных частях городов провинции Цзянсу. Основной задачей было завершить развитие программы «Формирование передового опыта управления в соответствии с законом в регионе». После этого провинции Чжэцзян, Гуандун и г. Тяньцзинь последовали примеру провинции Цзянсу. В ноябре 2012 г. Коммунистическая партия Китая развернула Антикоррупционную кампанию и в период с января по ноябрь 2013 г за коррупцию и взяточничество были арестованы 1493 человека, включая бывшего мэра г. Наньцзин. В январе 2015 г. секретарь горкома Наньцзина также попал под расследование Центральной дисциплинарной комиссии КПК. Дело «насильственного сноса домов» в Цзянсу, которое повлекло за собой гибель двух человек, трёх тяжело раненных и последовавших семи задержаний граждан также случилось в регионе, где проводилась кампания по управлению антикоррупционными кампаниями на основе законов. Кроме этого, в сфере строительства и в распределении государственного имущества также обнаружено очень много коррумпированных операций между чиновниками и бизнесменами. Это приводит к огромным потерям в бюджете страны. Вследствие этого, так называемое «Управление в соответствии с законом в регионе» это всего лишь применение регионального законодательства. Автономия этнических регионов не дает ожидаемых результатов, также неэффективной оказалась практика применения права автономии сельскими регионами, в которых крестьянам дарована свобода самоуправления. В централизованной государственной системе единственным решением для повышения эффективности управления на основе законов в регионах может лишь быть предоставление центральным правительством реальных прав управления регионам. Это должно применяться последовательно во всех регионах. Только таким способом система правового регулирования может быть окончательно сформироваться и функционировать на уровне всей страны.
Ключевые слова: управление на основе законов, законодательство, централизм, управление на основе законов в регионах, высокая степень автономии в регионах, коррупция, Китай, антикоррупционная кампания.
Introduction
In 1997 China's Jiangsu province issued the «Program for the Construction of Rule of Law in Jiangsu Province». Later on, in 2004 the country issued «The Outline for the Construction of Rule of Law in Jiangsu» (hereinafter to be referred as The Outline). The Outline showed the basic concept of the overall process of creation of governed by the law Jiangsu province and suggested finishing the plan, mobilizing and deploying the work in 2005; carrying out all of the tasks stated in The Outline in the period of 2006 to 2015 and basically reaching the goal of legalization of central cities as core areas; in the period of 2016 to 2020 strengthening the results of legalization construction of all province, comprehensively raising the level of Rule of Law in the Jiangsu area. In March, 2012 Jiangsu government issued the «Suggestions on Deepening the Construction of Rule of Law in Jiangsu», thus explicitly suggesting the goal of legal development in the Jiangsu area: «Establishing Leading Areas of Promotion of Rule of Law in China». After that, «Rule of Law in Zhejiang», «Rule of Law in Guangdong», «Rule of Law in Tianjin», etc. formulations were suggested by different provinces one after another. Constructing of Rule of Law in different areas spread as sparks of fire.
However, the bizarre thing was that after the 18th Congress of the CCP Central Committee launched the anti corruption campaign, only in the period from January to November of 2013 the number of corruption cases reached 1265 with 1493 people involved in those crimes, among them there were 99 high-ranking officials. They included the mayor of Nanjing City of Jiangsu Province, the Deputy Chief of Jiangsu Province Press and Publication Administration, the Deputy Head of Nantong City NPC Standing Committee, the Party Secretary of Changzhou City Political and Legal Affairs Commission, the Head of Changzhou City Quality Inspection Office, the Deputy Head of Wenzhou City Administration of Housing and Urban-Rural Development, the Head of Administration of Environmental Inspection, the Party Secretary of Xuyi County, the Party Secretary of Economic Development Zone Party Working Committee and so on. Among investigated and prosecuted in 2014 there were also the Deputy Mayor of Tianjiang City, the Deputy Head of Nantong City NPC Standing Committee, the Party Secretary of Jian'ye District Committee, etc. In January 2015, the Party Secretary of Nanjing City also was prosecuted by the Central Commission for Discipline Inspection (CCDI). Nanjing City became the first capital city where both the Mayor and the City Committee Party Secretary were prosecuted since the 18th Congress in November 2012. At the same time, the bloody case of violent demolition and removing people in Suzhou, which made quite a stir in the whole country, also happened in the era of «Promoting the Rule of Law in Jiangsu» - 3 December 2013. In that case of demolition, a family of three people was injured, two people were stabbed to death, seven people who were engaged in demolishing the building were detained as criminals.
In fact, Jiangsu province is quite law-abiding among China's administrative districts of provincial level. According to the data on the website of CCDI, in the National Disciplinary Supervisory Departments filed 172000 cases against criminals, prosecuting 182000 people for breaking party and government discipline. Judging from this, it is worth discussion if the formulating «China is a country ruled in accordance to law» is appropriate, therefore, rising one after another Rule of Law in provincial districts is kind of a joke.
First of all, rule of law is a concept in which the law is viewed as the highest authority of the society, which implies the supremacy of law. Secondly, it is a way of managing society and a governing machine with characteristics of the dominance of law. Rule of law is a reflection of such values as democracy, freedom, human rights, equality, fairness and dispute. So all laws made by the legislators of the society governed by the law must accept the judgment and inspection of above-mentioned values conforming to Rule of Law. People can obtain their rights only by abiding the law, moreover, they have to be aware of it. In other words, the core of Rule of Law is the restrictions of authorities. The essence of justice is compensation and relief for rights, the need in justice only comes at the times when people's rights are violated. More than 2500 years ago a Greek Sage Pythagoras said about «Rule by Law», in the year of defeat in Sino-Japanese war in 1895, the Gongche Shangshu movement of Kang Youwei marked the start of China's dream of Rule of Law. For over hundred years people with lofty ideas have been making great efforts for this goal. In 1999 the principle of ruling country by the law was written into the Constitution of China.
The word «Region» has different meanings depending on a field: a certain geographic space and unit on the Earth's surface is the geographical definition; people commonly inhabited community is the sociological definition of it; in economics it means economic zones divided according to natural resources and other economic factors. Since reform and opening up China has been divided into several major economic areas according to economic factors. Thus, implementing of such strategies as Large-scale development of the Western region, Rejuvenation of Northeast China Industrial Bases, Support of Rise of Central China, etc. according to National Development and Reform Commission issued «Overall strategy for Regional Development» emerged Western Region, Northeast China Industrial Bases Region and Central China Region. Regional Economics as an international relations theory appeared in the 50-60's of the 20th century, in 2007 after the 17th Congress of Central Committee of the China's Communist Party put forward the Strategy of Regional Economics Development, Regional Economics have become relatively successful in China [1]. Jurisprudential circles adapted it and offered a definition «Regional Rule of Law». As was referred to in the beginning of this article.
In terms of the Regional Rule of Law concept the «Region» should imply the provincial administrative division of China. Secondly, it should consist of
Eastern Region, Northeast Region, Central Region, Eastern Region as well as trans-provincial joint pure economic regions, such as Pan-Yangtze Delta Economic Region, Jing-jin-ji Economic Region, Bohai Economic Region. A senior professor of law Guo Daohui claims that running the country according to law, must firstly imply running the country on the basis of the Constitution: «Ruled by law China is more broad idea: it covers ruled by law country, ruled by law government and ruled by law society, it is huge concept which is mutually corresponding and combining with «the world ruled by law»». Vice-President of the China Law Science Association Professor Zhang Wenxian also states that «Promoting of Rule of Law in China needs insisting on promoting such principles as ruling a country according to law, holding power according to law and administrating according to law altogether, insisting on integral building of ruled by law country, ruled by law government and ruled by law society». Therefore, in China's particular context, Promoting of Ruled by Law Pure Economic Regions must be based on Rule of Law in the regions of administrative division. Similarly, can Rule of Law in Regions take the lead in establishment in an unitary state with centralized state power and under circumstances of absence of realized Rule of Law? Is Rule of Law in Regions just settling for the second best when Rule of Law on the national level is not implemented? Or is it a test on a lower level, first parts, the the whole? The difficult position in which China's Region Rule of Law building is located can be analyzed through a case of transaction of the state owned property.
Basic Facts
Some University is located in the central district of H city. It was founded in 1955 and has been there for 47 years it was transferred. In 2003, two years before starting the subway construction works, all assets of the campus were transferred to some Private enterprise, including such buildings as teaching buildings, office buildings, students dormitories and the canteen. According to the principle of immovable property transfer which implies that «the land goes with the buildings», the right of use of more than 32000 square meters of land in the city downtown also went straight to that Private enterprise. The whole transfer price was only 80 million RMB (about 13 million USD), furthermore, it was not paid in cash, it was set off against a foundation of multistory structure laid by the Private enterprise in the new campus. Soon afterwards the Private enterprise started to rent out that campus at a profit.
The subway construction works started in H city in 2005, the municipal government took an office building from the former campus of that university to build General Headquarters of the Subway. For that the Private enterprise got dozens of millions of RMB as a compensation. At the same time, forming a complete set, the municipal government gave the right of usage of the rest of the land on that land parcel to some estate development company
(hereinafter: the development company). The Private enterprise transferred the rest of assets (mainly the right to use the land) for 120 million RMB (about 20 million USD) to that development company. Thus, the Private enterprise without changing the campus a bit, got tens of millions of RMB on operations of buying and selling it. In addition, that Private enterprise as a real estate development company, paid the transfer fee set off against the building foundation, in principle, the paid transfer fee was far less than 80 million RMB. Furthermore, all construction works in the new campus were handed over to the Private enterprise for carrying out construction, which made that enterprise earn more than 100 million RMB on the project of that University. Than money will be paid from the loan which university took from a bank. Thus, every worker of the University will share losses.
Shady deal behind the transaction of that University
Subway construction is an important task for centuries to come, it is not a sudden impulse or headstrongness of any single leader, it must be reported to the Central National Government and be accepted by the State Council. The broad Underground National Air Defense construction which was held in 70s of the 20th century in H city was a relatively good base for subway construction. Since the University was founded on that land till the transaction it has been there for 47 years, and two years before the start of the Subway construction works, the ownership for it transferred from state to private, the Private enterprise resold it and gained 100 million RMB!
Behind everything what is far from common sense, there is corruption not exposed to the sunlight. The private estate and the new purchaser both are real estate development companies, right of usage of state owned land was transferred from one development company to another, the cause of the trouble is quite obvious: the Private enterprise gained a huge profit without any expenses which is a mere act of land speculation. Speculating in building land is a kind of deal in which officials are hand and glove with businessmen, businessmen themselves, appear in public as they sign contracts for any kinds of projects. But what truly stands behind the curtains are officials who share huge amounts of bribes, kickbacks and commissions. Finally it brings great losses to the state property.
Among the assets of the University which was involved in the transaction there was a six-story building which construction cost more than 30 million RMB, on the lower floor of it there was an underground shooting range, which cost a significant sum. It ordinarily provided training to students of the Military Academy. So that building which has just been invested to and has not been used for a long time, was also transferred to the Private enterprise with all the land property of the University; after it was transferred again from the Private enterprise to the real estate development company, it was blown up. China is by no means a rich developing country. No matter how high the
GDP is, ordinary people are not wealthy, in some distant districts there still are children who have not opportunity to study at school. Cornerstone investment in Education is also a project of vital and lasting importance, if there were any rational plans that could operate according to the law, 30 million RMB could not have been blown up in vain. If China could invest this sum of money in building schools for children in a distant district, there could have been less children without access to the education.
The assets of the University are owned by the state, the land was given away by the country at no cost, and the University had the permanent right of using that land. The Private enterprise used the «land attached with house» stipulate in China's immovable property operations practice and through purchasing all of the assets, acquired the land property in the downtown at a low price, as a result transferring the state owned assets to privately owned. This transaction treaty was finished by several people under the pressure of a high ranking authority. Content of the treaty was not open for the teaching and administrative staff. The auction for construction works was just making a show, 2 or 3 development companies were called only formally and did not really participate in the auction. It is unwritten rules of construction trade, everyone understands that and does the same way. There are some evidences that can prove that: firstly, a real estate development company from Wenzhou city, Zhejiang, provided the fund of 100 million in cash to acquire the campus and could pay 20 million RMB as a compensation for removal, which was 40 million RMB more than the Private enterprise, but that company was rejected by the person in charge for the University. The second evidence is that nine years ago, in the 90's of the 20th century, a real estate company from some Asian country was going to purchase a building of students dormitory on a street neighboring to the campus for 40 million RMB, but they failed to buy it because the University offered the price of 60 million RMB. After 9 years, under the circumstances of continuous rise in real estate prices, the whole campus with teaching buildings and the sports ground was sold only for 80 million RMB, in addition, the payment was not in cash and it was set off against the buildings, and furthermore, all of construction works in the campus were handed over to the Private enterprise so it could gain profit on construction. There would not have been such transaction but for some hidden details.
The harm to society which was brought by the illegal University transaction
The real estate development company obviously earned staggering profits without any expenses, in the first period, the company paid 80 million RMB as a transfer fee and rejected to pay the rest 40 million RMB. The Private enterprise did not receive the remaining sum and didn't give the development company the land use certificate. The development company started construction work without completing legal procedures, and illegally built a 36-story
building taking 130 000 square meters in the downtown. They started selling apartments without a license for it, challenging the authority of the law and people's patience. So far, since the University related transactions started, functionaries of the department mentioned above has been suspected of nonfeasance and dereliction of duty. A row of illegal activities also made some people more courageous: the school gate of the new campus of that University unexpectedly cost more than 8 million RMB, even though it was just made of some cement pillars and a guard booth, the quality of it was very crude. A row of illegal activities also disorganized some people's will: a peasant which was hired as a temporary cooking worker raped and murdered two waitresses of the school canteen; soon after, such criminal cases happened as a student's night party in which a leading cadre of the school was wounded by a chopper. We can not keep silent about the harm to the society which was brought by a row of not punished illegal activities.
The case of the national properties losses caused by transfers of state-owned assets mentioned above is not a single case in China, it can be found everywhere. The field of construction building is also a «main disaster area» where deals between those with power and those with money harm national and people's interests. Most of the officials that were investigated and prosecuted for breaking the law and discipline had been accepting bribes for securing benefits for another. China's «General Rule of the Civil Law» and «Property Law» stipulate that «the property which is owned by the state is the property of the state and, therefore, the property of the people». This theory originates from the former Soviet Union, after the disintegration of the Soviet Union, Russian jurisprudential circles have already cleared up the mess: state ownership does not mean it is owned by the whole people. But China still insists on that theory. As a matter of fact, state ownership has nothing to do with the whole people, because of the system design, the people cannot exercise the right of all people and even knows nothing about it, it is inconsistent with the position of all people. In the circumstances of the absence of separation of powers and law-enforcing supervision, state organs and their functionalists' nonfeasance make impossible the building of Regional Rule of Law. On the 2nd of January, 2015 there was a huge conflagration in Harbin in which an 11-story building collapsed, 5 firefighters dead martyr's death, 1000 more inhabitants left homeless. Some three of four exits from the neighborhood were used by other people as storehouses turned out to be the reason for the fire. The exits were blocked with bricks and cemented stairs, inside the storehouses inflammable goods were piled. Over several years, inhabitants have been trying to report this case to the relevant political departments, but from beginning to end nobody showed any interest in that, finally it brought on a tragedy. One can see how arrogant is the China's government authority, and how petty and low are personal rights. It is very widespread in China, not only in Harbin. So how can they promote Regional Rule of Law?
A country ruled by law must possess some basic conditions: democratic government is a basic political foundation for a country ruled in accordance to law, the characteristics of a democratic government are: following a present sequence, obeying decisions of the majority, tolerating opinions of the minority; division of labour and restrictions of the state power. The core requirement of a country ruled by law is rational division of labour and efficient restrictions of the state power; the principle of society control obeys the law's governance; a country implements lots of different methods to govern the society, the advantage of law is its rationality: explicit, predictable and stable; market economy is market conditions for a country ruled by law; rational culture is cultural conditions for a country ruled by law. The absence of these 5 conditions makes the «Regional Rule of Law» just a pseudo-proposition. After «The Outline for the Construction of Rule of Law in Jiangsu» many provinces even suggested «Governing a province according to law», «Governing a city according to law» and even «Governing taxes according to law», but any of these are just pseudo-propositions too. As a matter of fact, that's people who still govern, not law.
Representing a country, governments manage state owned assets and there are obvious omissions. The users of state owned property almost seem to be exercising the rights of all people. It is different from being lazy to exercise state property rights, in a dispute about demolishing a building and relocating its inhabitants between a developer and the masses, is just a dispute for economic interests between two civil subjects, the masses encounter situations when hired by developers staff violently demolish buildings and the police does not come to the spot. If a development company invites them, they might come, and inevitably be viewed as they had ganged up with interest groups to cope with ordinary people. Suppressing one civil subject's interests for the interests of another civil subject and making one of it gain a profit, such public rights has dissimilated to be an instrument for infringing on civilians' private rights. According to Freud, Hemingway, Satir suggested Iceberg theory, only a 1/7 part of the whole is on the surface, no matter is it a happening frequently case such as H City state owned property illegal transaction case or is it the Suzhou's «3 December Bloody Case» or «2 January Harbin Fire Case», it's all unconscious and nonfeasance of government authorities, and even are images and miniatures of corruption, not partial phenomenons. Public illegal activities of authorities have a natural, instinctual concealment. All of it does not match with China's role as the first economy in the world.
Started in 2004, «Yangtze River Delta Law Forum», «Pan-Pearl River Delta Law Forum on Cooperation and Development», «Bohai Area Rule of Law Forum», «Northeast Rule of Law Forum», «East Region Rule of Law Forum», are mutually corresponding with plans of Economic Districts Development, all of forums are indicated as «Rule of Law» forums, what surrounding all of it still does not go
beyond the level of «Legal System». Exceeding operations of economic activities of administration division currently in effect and administration questions are being decided. Some experts point out that laws and regulations which were stipulated during development of the West part of the USA and during Japan Regional Development, advanced development of countries economies and made them model cases for Regional Economics Development in the whole world [2]. The experts obviously neglected a huge precondition: the USA and Europe were influenced by classical law-of-nature school represented by Locke and Montesquieu, such principles as separation of powers, restrictions, innate rights of man already entered deeply into people's hearts. At the very beginning of the US history president Washington chose tripartite political system in which powers restrict each other, thus he stepped on the road of Rule of Law; in the end of 50s of the last century Japan started to implement Regional Economics Development, to that time Japan was already a country ruled according to law, the Constitution is a source and a foundation of all civil rights. District Economics based on such foundation will lead to nothing but the rule of law. That's why in the situation when the question of «man governing» is still not solved and the power is placed above the law, it is impossible to realize rule of law in any of districts first, in most cases, in Economic Regions there can be nothing more than «Legal System», not «Rule of law».
Is it far from «Legal System» to «Rule by Law»?
Professor Huo Xiandan says: «Building of Rule of Law in China has already comprehensively transitioned from the stage of legal system founding to the period of legal system deepening». So how long is the way from «Legal System» to «Rule of Law»? Production safety, taken as an example: mining disasters are very common in China, and the reason for that is not imperfect legislation or improper system of supervision and inspection. In comparison with the USA, some of the US' laws are also implemented in China, and the number of safety-checks in China is more than in the USA; concerning supervision organs, the US Administration of Production Safety is a department under the Department of Labor of the US, in China there is only one Ministry for that. In the US there are hundreds of safety supervisors, in China there are thousands of them. No matter how enormous is the mechanism, safety accidents in China remain high. This is not a matter of law making, but a matter of law enforcement. The main thing about production safety in the USA is that it depends on workers, workers themselves can establish organizations, they have their own safety officers, they have their own labor unions, an employer cannot fire workers because of their reports. Such system plays a significant role. Everything described in this paper about the whole transaction act related to the University, violent demolition case, Harbin fire case together expose the problems that occurred in law enforcement. Soul and core of
«Rule of Law» lie in enforcement and respecting the law, law is an instrument of society used for rational allocation of rights, rational restriction of powers [2]. If humankind chooses the law, it should respect it, the law must be above everything, otherwise it is just a decoration.
Without a proper power restriction mechanism, rule of law can not be implemented. Currently active so called Regional Economics Rule of Law is only a complex institutionalization and legalization management of economic development after breaking the administrative division, and it is still very far away from real Rule of Law. Because logically, meaning and denotation of economic legislation is less significant than the rule of law. Regional Economics development has innate requirements of legislation and rule of law, and the meaning of rule of law is much broader. An important activity of Regional Economics is development and use of regional natural resources, natural resources serve as a basic condition for growing of a regional economy. Therefore, success of regional economics can not derive success of building regional rule by law. Judging from the world perspective, Regional Economics are separated in both economic integration and political integration, but legal integration is failed.
According to the characteristics of legal system integration, countries ruled by law inevitably implement the local rule of law, therefore, there is no need to additionally implement any Regional Rule of Law. On the contrary, under the circumstances when rule of law is still not implemented on a national level in a country with the system of centralized state power and it's regions do not have high degree of autonomy, when higher level can always interfere in lower level's affairs and extra-regional can always interfere into intra-regional affairs, Regional Rule of Law is only a dream which can not be realized. For instance, China's Constitution stipulated the system of rural autonomy and the system of national regional autonomy, they were complemented by the «Law of Regional National Autonomy» and «Law of Villagers Committees Autonomy», but both of these autonomy forms are failed in China.
Villagers autonomy is the most basic, most primary form of democracy in China, the core of it is «Democratic elections, democratic decision, democratic management, democratic control», it is a basic system in which numerous peasants exercise their democratic rights. The reason why it failed mainly is that the government's unwarranted intervention into peasants autonomy, rational appeals of peasants can not be affirmed, as well as the power of a village party branch comes from an appointment of a Party committee of the higher level, and village party branches are responsible to party committee of the higher level too, and it is in contradiction with the fact that village committees power comes from peasants' elections and they are responsible to peasants [4].
China's Constitution stipulated the implementation of the National Regional Autonomy in 1954, in 1984 NPC approved the «National Regional
Autonomy Law», but its been 30 years since then already, and any of national autonomous areas did not issue any regulations on the exercise of autonomy. For the reason that it is hard to harmonize all of interest groups. In 1982, a very important institutional arrangement in the Constitution was expanding local autonomies, the standing committees were set up. Standing committees have the legislative power, it allows to enact local laws according to the local situation, if they are not in contradiction with the country's Constitution. But this system was not effective: Chinese national organs and functionaries are used to listen to particular arrangements from the higher ranking officials and work according to the instructions of higher authorities. The current system is made national officials play it safe and not to hope to distinguish oneself, and be content with not making mistakes. How can it be possible to build Regional rule of law? Let alone rule of law is not only a set of regulations and system, it is more about a spirit of Rule of Law.
The law is an instrument which helps society to realize their goals through balancing of interests, the law balances all kinds of interest relationships including economic interests thus realizing social justice. If the law can not enforce justice, there is no way to realize oneself. Therefore, in a society where the law cannot be enforced, there is no rule of law; a society without justice does not have rule of law too. Civil society is the principal force of rule of law, it is a mainstay of democratic inspection and restriction of power. If a society does not have a social foundation of masses wide participation, it lacks the principle force of rule by law, it is short of restrictions and inspections of power, and rule by law is impossible to be realized. With state organs, social organizations and civilians keeping the law, government administrative departments, judicial organs as well as their officials enforce the law and carry out realization of judicial and inspection functions according to their legitimate authority, that is what rule of law is.
Nowadays, in the Chinese grassroots democracy form peasants in villages often get elected by bribery, but it is still better than the absence of elections. It is a feasible experience of contemporary peasants. It there is a need for a peasant to vote, the candidates became very good to peasants. Restriction of the 3 year-long term also makes the candidates calculate bribing expenses and make elections gradually become more civilized, at the same time, following raise of peasants awareness of democracy and rights, they step by step approach Rule of Law. Therefore, in the conditions of unitary centralism, an only way out for construction of Regional Rule of Law is if the Central government transfers power to local levels, making regions realize a fundamental autonomy, not a formal one. The search of such autonomies starts in specified city areas or in specified industries. But it does not start in villages.
As Yu Xingzhong, a professor of The Chinese University of Hong Kong, points out, «Since ancient time there has been lots of texts talking about rule
of law, almost everything that needs to be said has already been said long time ago, what can be done is to sort out one of the aspects of rule by law and to lay stress on it and that is it. Actually, I am afraid that there is no already anything to lay stress on. Because there is enough works and writings on the sphere of Rule of Law, too numerous to be counted: from concepts to principles, from forms to contents, from conservative to radical, from procedural justice to substantial justice, from natural law to positive law, from formalism to pragmatism, from liberalism to Marxism, from traditions to post-modernism, etc. Now what lacks is practice».
Montesquieu said: «All powerful people are likely to abuse power. It is an eternal unchanging experience. The people who have power will use it until they reach the limits» [5]. When in 1999 Macau was returned to China from Portugal, the Director of The Secretariat for Transport and Public Works, Ou Wenlong was involved in corrupt transactions from 2000, till 2006 the whole amount of graft reached 800 million patacas. It shocked Macau and the whole world. The amount of bribes was about 56 times more than his and his' wife's actual income, it was known as the biggest corruption case in Macau since opening up the ports there. However, in comparison to China's mainland officials' amounts of corruption the former one pales into insignificance. Recent newly discovered cases of corruption continuously break people's patience: sometimes money stolen, embezzled or received in bribes by corrupt officials are numbered into hundreds of billion RMB, several cash counters might be broken during counting the whole amount, sometimes the amount of bribery is so huge that it only can be counted in tons, bribed gold is also counted in tons.
Chinese people hope for implementing rule of law. They hope that the government authorities will be restricted and private rights will be protected. If government is not restricted, private rights is only an idle dream. Regional Rule of Law sounds great, but it is hard to be realized.
■ ■ ■ OPPORTUNITIES AND CHALLENGES IN THE IMPLEMENTATION OF CONSTRUCTION OF MANAGEMENT ON THE BASIS OF LAWS
Author: FENG ZUANI
FENG ZUANY, Associate Professor of the Harbin Institute of technology, member of the Board of the Association of comparative law of China. Address: China, Heilongjiang province, Harbin, ul, Sitaji, 92. And/I 235.
КОММУНИКОЛОГИЯ - COMMUNICOLOGY
References
1. Gong, 2014. Gong Pixiang.- Definition and Functions of the Leading Regions of the Construction of the Rule of Law. - Jianghai Academic Journal vol. 5, 2014.
2. Wang, 2014. Wang Zhengbang. - Study of Regional Rule of Law from the Perspective of Rule of Law in China. - Eastern Legal Studies, vol. 5, 2014.
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4. Li, 2010. Cao Li. Villagers autonomy: difficulties and the way out. - Guangdong Social Studies, vol.4, 2010.
5. Montesquieu, 1750. The Spirit of the laws. Commercial Press, 1987. p. 154.
Список литературы.
1. Гун, 2014. Гун Писян. Фачжи цзяньшэ сяньдаоцюйюй дэ гайнянь юй гуннэн. (Определение и функции Передовых регионов в строительстве управления в соответствии с законом). Академический журнал Цзянхай (Моря и реки), №5, 2014.
2. Ван, 2014. Ван Чжэнбан. Тунго чжунго фачжи кань дицюй фачжи (Исследования управления в соответствии с законом через перспективу управления в соответствии с законом в Китае). Академический журнал Восточное правоведение (Дун-фан фасюэ), №5, 2014.
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4. Ли, 2010. Цао Ли. Нунцунь цзычжи: куньцзин юй чулу (Автономия в деревне: трудности и выход). - Социальные науки Гуандуна, №4, 2010.
5. Монтескьё, 1748. О духе закона. Коммерческое издательство, 1987. Стр. 154.
