Lawyers, state officials and significant others: Symbiotic exchange in the Chinese legal services market

China Quarterly

Volumn , Issue 206, 2011, Pages 276-293

  Liu, Sida ^a,b  

^a UNIVERSITY OF WISCONSIN MADISON   (United States)

^b SHANGHAI JIAO TONG UNIVERSITY   (China)

Author keywords

[No Author keywords available]

Indexed keywords

COMPETITIVENESS; LEGAL SYSTEM; LEGISLATION; PUBLIC SERVICE; SERVICE PROVISION; SERVICE SECTOR; TRANSITIONAL ECONOMY;

CHINA;

EID: 79960242593     PISSN: 03057410     EISSN: 14682648     Source Type: Journal    
DOI: 10.1017/S0305741011000269     Document Type: Article

References (44)

1. Cai Dingjian, Lishi yu biange: Xin Zhongguo fazhi jianshe de licheng (History and Change: The Process of the Construction of the Legal System in New China) (Beijing: Zhongguo zhengfa daxue chubanshe, 1999).
2. Deng Xiaoping, "Muqian de xingshi he renwu ("The current situation and tasks"), in Deng Xiaoping wenxuan (Selected Writings of Deng Xiaoping), Vol. 2 (Beijing: Renmin chubanshe, 1994), p. 263.
3. William P. Alford, "Tasselled loafers for barefoot lawyers: Transformations and tensions in the world of Chinese lawyers," The China Quarterly, No. 141 (1995), pp. 22-38;
4. Fu Yulin, Nongcun jiceng falü fuwu yanjiu (Research on Rural Basic-Level Legal Services) (Beijing: Zhongguo zhengfa daxue chubanshe, 2006).
5. Sida Liu, "Client influence and the contingency of professionalism: The work of elite corporate lawyers in China," Law & Society Review, Vol. 40 (2006), pp. 751-82;
6. Sida Liu, "Globalization as boundaryblurring: International and local law firms in China's corporate law market," Law & Society Review, Vol. 42 (2008), pp. 771-804.
7. Ping Yu, "Glittery promise vs dismal reality: The role of a criminal lawyer in the People's Republic of China after the 1996 revision of the Criminal Procedure Law," Vanderbilt Journal of Transnational Law, Vol. 35 (2002), pp. 827-65;
8. Terence C. Halliday and Sida Liu, "Birth of a liberal moment? Looking through a one-way mirror at lawyers' defense of criminal defendants in China," in T.C. Halliday, L. Karpik and M.M. Feeley (eds.) Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism (Oxford: Hart Publishing, 2007), pp. 65-107.
9. David L. Wank, Commodifying Communism: Business, Trust, and Politics in a Chinese City (New York: Cambridge University Press, 1999);
10. Bruce J. Dickson, Wealth into Power: The Communist Party's Embrace of China's Private Sector (New York: Cambridge University Press, 2007);
11. Kellee Tsai, Capitalism without Democracy: The Private Sector in Contemporary China (Ithaca, NY: Cornell University Press, 2007).
12. Ethan Michelson, "Unhooking from the state: Chinese lawyers in Transition," PhD dissertation, Department of Sociology, University of Chicago, 2003;
13. Ethan Michelson, "Lawyers, political embeddedness, and institutional continuity in China's transition from socialism," American Journal of Sociology, Vol. 113 (2007), pp. 352-414.
14. Victor Nee, "A theory of market transition: From redistribution to markets in state socialism," American Sociological Review, Vol. 54 (1989), pp. 663-81;
15. Yang Cao and Victor Nee, "Comment: Controversies and evidence in the market transition debate," American Journal of Sociology, Vol. 105 (2000), pp. 1175-89.
16. Doug Guthrie, "The declining significance of guanxi in China's economic transition," The China Quarterly, No. 154 (1998), pp. 31-62.
17. Andrew G. Walder, "Markets and inequality in transitional economies: Toward testable theories," American Journal of Sociology, Vol. 101 (1996), pp. 1060-73;
18. Mayfair Mei-hui Yang, "The resilience of guanxi and its new deployments: A critique of some new guanxi scholarship," The China Quarterly, No. 170 (2002), pp. 459-76; (Pubitemid 34781576)
19. Yanjie Bian, "Bringing strong ties back in: Indirect ties, network bridges, and job searches in China," American Sociological Review, Vol. 62 (1997), pp. 366-85. (Pubitemid 127618922)
20. John W. Meyer and Brian Rowan, "Institutionalized organizations: Formal structure as myth and ceremony," American Journal of Sociology, Vol. 83 (1977), pp. 340-63;
21. Paul DiMaggio and Walter Powell, "The iron cage revisited: Institutional isomorphism and collective rationality in organizational fields," American Sociological Review, Vol. 48 (1983), pp. 147-60;
22. Terence C. Halliday and Bruce G. Carruthers, "The recursivity of law: Global norm-making and national law-making in the globalization of corporate insolvency regimes," American Journal of Sociology, Vol. 111 (2007), pp. 1135-202;
23. Sida Liu and Terence C. Halliday, "Recursivity in legal change: Lawyers and reforms of China's Criminal Procedure Law," Law & Social Inquiry, Vol. 34 (2009), pp. 911-50.
24. Sida Liu, "Beyond global convergence: Conflicts of legitimacy in a Chinese lower court," Law & Social Inquiry, Vol. 31 (2006), pp. 75-106; (Pubitemid 43450486)
25. Michelson, "Lawyers, political embeddedness, and institutional continuity."
26. Thomas Gold, Doug Guthrie and David Wank (eds.), Social Connections in China: Institutions, Culture, and the Changing Nature of Guanxi (Cambridge: Cambridge University Press, 2002).
27. Peter M. Blau, Exchange and Power in Social Life (New York: Wiley, 1964).
28. Richard M. Emerson, "Social exchange theory," Annual Review of Sociology, Vol. 2 (1976), p. 336.
29. Linda Molm, "Theoretical comparisons of forms of exchange," Sociological Theory, Vol. 21 (2003), pp. 2-3.
30. Michelson, "Lawyers, political embeddedness, and institutional continuity," pp. 357-58.
31. Kenneth G. Lieberthal and Michel Oksenberg, Policy Making in China: Leaders, Structures, and Processes (Princeton, NJ: Princeton University Press, 1988);
32. Kenneth G. Lieberthal and David M. Lampton (eds.), Bureaucracy, Politics, and Decision Making in Post-Mao China (Berkeley: University of California Press, 1992);
33. Andrew C. Mertha, The Politics of Piracy: Intellectual Property in Contemporary China (Ithaca, NY: Cornell University Press, 2005).
34. Beijing, Gansu, Guangdong, Hebei, Heilongjiang, Henan, Ningxia, Shanghai, Shanxi, Sichuan andZhejiang.
35. The interview codes are in the form of "IN06123," in which "IN" is the abbreviation for "interview," "06" is the year in which the interview was conducted (e.g. 2006), "1" is the sub-project number and "23" is the number of the interview under that sub-project in that year. The ACLA forum data are coded in the form of "F#123456," in which "F" refers to the forum, and "#123456" is the number of the first message in a thread as it appears on the forum. The archival data are coded in the form of "DDSF- 199503" in which "DDSF" (Dangdai sifa, or Modern Judicature) is the pinyin abbreviation of the Chinese title of the newspaper or journal, and "199503" is the year (e.g. 1995) and issue (e.g. Issue 3) of the publication.
36. Xu Jiali, Zhonghua minguo lüshi zhidu shi (History of Lawyers in the Republic of China) (Beijing: Zhongguo zhengfa daxue chubanshe, 1998).
37. Cai Dingjian, History and Change, p. 65.
38. China Law Yearbook (Beijing: Zhongguo falü nianjian bianji weiyuanhui, 1989).
39. Mary E. Gallagher, "Mobilizing the law in China: 'informed disenchantment' and the development of legal consciousness," Law & Society Review, Vol. 40 (2006), pp. 783-816. (Pubitemid 44829350)
40. Fu Yulin, Research on Rural Basic-Level Legal Services, p. 9.
41. Michelson, "Unhooking from the state."
42. Data for lawyers are from the China Law Yearbook (1987-2007). Data for basic-level legal workers are from the China Law Yearbook (1987-99) and the China Justice Administration Yearbook (2000-02). From 2002, statistics on basic-level legal workers have disappeared from the public statistics in the yearbooks. The numbers of basic-level legal workers and their firms in 2006 were acquired by a research assistant from the Ministry of Justice.
43. Sida Liu, "Beyond global convergence."
44. Zhang Fusen, Sifa buzhang tan sifa xingzheng (The Minister of Justice Discussing Justice Administration) (Beijing: Falü chubanshe, 2006).