At its 19th Congress of the Chinese Communist Party, held October 2017, the CPC leadership boldly announced the dawn of a “New Era”–a new stage in the history of the CPC and of China, as it moved forward, under the leadership of the CPC toward the ultimate mandatory goal of establishing a communist society in China.
For most outsiders much of this is both new and daunting. It is sometimes difficult to separate the myths and stereotypes of the failed European Marxist-Leninist experiment form the construction of the Chinese (and to some extent the Vietnamese) Party-State. Yet such an understanding is now essential for anyone who is likely to deal with China or its enterprises int he course of global trade, international relations, or in the cyber sphere.
We are fortunate to have been able to bring together a number of noted China experts to consider various aspects of the the changes that constitute the New Era reforms in China. Over the course of three days at Penn State we will sponsor three events under a uniting theme: The Vanguard Acts: A Focus on China at the Dawn of its “New Era:” (先锋行为:在“新时代”开始时关注中国):
1.Round Table: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress 13 March 2018 (国内外两个视角2018年3月13日圆桌会议概念文件);
2. Teach-In: China in the “New Era” — A Primer; 14 March 2018;This more informal event brings scholars together from around the world to take stock of the tremendous changes that are occurring now and their international and international implications. The focus is on conversation. There will be lots of time for questions.
--> is designed especially for those with little knowledge of China, its governmental, legal and economic structures. 3. Conference: Rule of Law and Governance in China at Home and Abroad 15 March 2018 (国内与国外两个视角 2018年3月15日, 会议概念文件).This
The event will be live streamed and then available in video recording. We encourage questions from our off site audience through Mediasite.This short conference will present some cutting-edge research of faculty gathered together here from Europe, the U.S. and China.
The Concept Notes for the three events follows. More information and details will be posted shortly.
The Vanguard Acts: A Focus on China at the Dawn of its “New Era”
(March 2018)
Round Table: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress 13 March 2018 (国内外两个视角2018年3月13日圆桌会议概念文件)
Teach-In: China in the “New Era” — A Primer; 14 March 2018
Conference: Rule of Law and Governance in China at Home and Abroad 15 March 2018 (国内与国外两个视角 2018年3月15日, 会议概念文件)
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This Round Table brings together a group
of scholars form China, Europe and the U.S. who will consider the
further implications of the 19th CPC Congress
more specifically in the context of the important objectives of
developing Socialist Rule of Law and governance. That exploration
implicates significant initiatives both internally and in the context of
China’s growing external relations. Participants will consider the
development of internal disciplinary systems, their rules and
structures, as well as Chinese external initiatives–principally the One
Belt One Road Initiative. The relevance of big data management, AI and
algorithms will also be considered.
In the Report to the 19th CPC Congress, Xi Jinping stressed the drivers of
the project to continue to develop Socialism with Chinese
Characteristics in China’s New Era of development. These consisted of a
13 part approach
founded on a focus on ensuring CPC leadership over all work expressed
through a number of objectives: commitment to a people centered
approach, continuation of comprehensive system reform, adoption of a new
vision for development, affirming the principle of popular sovereignty,
commitment to the construction of system in which every dimension of
governance is law-based, commitment to upholding core Socialist Values,
improving living standards through development, promotion of harmony
between people and nature, pursuit of a holistic approach to national
security, commitment to CPC control of military forces, promotion of
national reunification under the one country two systems principle,
promotion of the building of a community with a shared future for
humankind, and the exercise of full and rigorous governance over the
CPC.
These suggest the nature and character
of Chinese approaches to law and governance–with respect to its
objectives, forms and scope. Three areas of reform stand out. The
first touches on the reform of the institutional architecture of the
state and the exercise of democratic governance through those
institutions. These touch not only on the role of the CPC, but on its
interactions with and the exercise of authority by the National People’s Congress
and the Chinese People’s Political Consultative Conference (人民政协). The
second touches on the nature of legality. This is understood both in
its constitutional sense–arranging the organizing principles and
jurisdictions of the political and administrative sectors of government
in their representative capacity guided by the overarching normative
program set out in the CPC’s Basic Line. But it also touches on the
protection of the integrity of governance through enhanced
anti-corruption efforts centered on the work of the Central Commission for Discipline Inspection.
The third touches on the coupling of these changes with macro-economic
policy that focuses both on national development and on China’s place
within global systems. In that sense, Chinese rule of law, development
and governance systems are understood to be carried out to the world
both in China’s bi-lateral relations and in defining China’s objectives
in international forums.
This broad set of objectives and
implications suggests the ambitious scope of reform envisioned in the
19th CPC Report. It also suggests the comprehensive approach to reform
that the 19th CPC Report adopts. State, society, economics, politics,
and culture are treated as an integrated whole the development of which
is deeply integrated. It also suggests that within this comprehensive
approach to development and reform the old categories of governance
might be abandoned as well. The traditional techniques and modalities
of public governance–law and administrative regulation–are to be
enhanced with many of the methodologies of private governance. These
include data driven algorithmically structured real time assessment
mechanisms through which rewards and punishments may be allocated to
create incentives toward behavior goals. These trends parallel similar
Western reforms but with significant Chinese characteristics that are
worthy of consideration in their own right.
Round Table participants will consider
aspects of some or all of these important developments and together
consider how these ideas will be manifested in Chinese legal, political
and economic reform at home and abroad. This Round Table builds on our
initial Round Table, The Implications of the 19th Chinese Communist Party Congress, which we held shortly after the conclusion of the 19th Chinese Communist Party Congress.
All are welcome to attend and
participate either in person or through an interactive live streaming of
the event. Participants will be afforded ample time for questions
which may be submitted online or in person. Round Table information is
posted on the Conference Website.
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中国的法治与国家治理：国内外两个视角
2018年3月13日圆桌会议概念文件
这场圆桌会议邀请了一批来自中国、欧洲和美国的学者在发展社会主义法治和国家治理的语境下深入具体地讨论中共十九大对于中国与世界的进一步影响。近来有关这一议题的探讨与研究表明，在对外关系不断发展的背景下，中国在对内和对外政策上都有了采取了重大调整。本次会议上，与会者将讨论中国内部纪律体系的发展，其规则和结构，以及以一带一路为主体的对外倡议。同时，会议也将讨论在新时代背景下，国家治理中大数据管理、人工智能与算法的应用等有关话题。
十九大报告中，习近平强调了发展新时代下中国特色社会主义的基本方略，主要包括坚持共产党对一切工作的的领导，坚持以人为本，坚持全面体制改革，提出新的发展愿景，肯定人民主权原则，治理与构建法治为基础的治理体系，坚持社会主义核心价值观，坚持通过发展提升人民生活水平，促进人与自然之间的和谐，追求国家整体安全，在一国两制原则下推动国家统一，构建人类命运共同体，对中国共产党实行更加全面、严格的管理。
这些都表明了中国法治和国家治理途径在其目标、形式和范围等方面的性质和特点。改革的三个方面引人注目。第一个方面涉及到国家体制结构的改革和应用这些机构进行民主治理的方式。这不仅仅在于共产党所发挥的作用，更在于共产党与全国人大和人民政协的相互作用与各自的权力行使。第二个方面设计合法性的性质。这既体现在宪法的意义上，也体现在以中国共产党的基本路线制定的总体规范纲领为指导的政府政治和行政部门的组织原则和管辖范围之上。这里也涉及到通过加强反腐败工作，即以中央纪律检查委员会的工作为中心来维护治理的完整性。第三点涉及这些变化与宏观经济政策的耦合，这里所指的宏观经济政策既关注国家发展，也关注中国在全球体系中的地位。从这个意义上讲，中国的法治、发展和治理体系都可以被理解为在中国对外的双边关系和在国际社会中上定位中国的目标。
这一广泛的目标和意义表明了中国共产党十九大报告所设想的改革有着雄心勃勃愿景，同时也提出了中国共产党十九大报告所采取的全面改革措施。国家、社会、经济、政治和文化都被视为一个深度有机融合的整体的发展。它还表明，在这种全面的发展和改革中，旧的治理方式也可能被抛弃。在公共治理中以法律和行政法规为代表的的传统技术和模式将随着许多私营治理方式的发展而得到加强。这些发展包括数据驱动的算法结构的实时评估机制，通过这些机制而分配奖励和惩罚可能被用于针对行为目标的激励。这些趋势与西方类似的改革相似，但具有中国特色，值得我们多加观察和思考。
本次圆桌会议的与会者将对上述重要发展趋势进行讨论，并且在此基础上思考这些新发展将如何在中国国内国外两个层面的的法律、政治和经济改革中发挥作用。这次的会议室建立在我们去年十一月举办的有关十九大影响的圆桌会议的基础之上的。
会议将在2018年3月18日上午十点，宾夕法尼亚州立大学大学公园校区Lewis Katz Building 232 举办，欢迎大家亲身来到会场或者是通过现场直播和网上问答渠道参与我们讨论，具体的圆桌信息将发布在会议网站上。
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Teach-In: China in the “New Era” — A Primer Concept Note
At its 19th Congress of the Chinese Communist Party, held October 2017, the CPC leadership boldly announced the dawn of a “New Era”–a new stage in the history of the CPC and of China, as it moved forward, under the leadership of the CPC toward the ultimate mandatory goal of establishing a communist society in China. That forward movement represents the workings of two quite related but distinct elements. The first is the Marxist element–the continuing refinement and development of the basic normative theories from which the obligations of state, society and vanguard are derived and the goals toward which everything is bent. The second is the Leninist element–the continuing development of the normative structures of legitimate leadership by a vanguard element (in common parlance a “Communist” party) whose core obligation is to lead the people toward its Marxist objectives. These two basic elements are interlinked through the establishment of governmental (administrative) institutions through which the vanguard party might assert its leadership role in bringing society closer to its ultimate objectives.
While the development of Marxism and Leninism withered in Europe after the 1980s, lingering only in outlier states like North Korea and Cuba, China took a different path. The result was the creation of a unique approach to both government (the Leninist party of its structure) and the road taken toward the establishment of a Marxist society. To that end, China began to develop a Marxism with Chinese characteristics some of which were quite non-European. Its implementation of socialist development moved Marxism toward the adoption of the techniques of markets in the service of its Marxist goals. This Markets Marxism sought to embed markets into the objectives based obligations of its vanguard party. At the same time, the character of the CPC and its leadership role also developed. It profited from the lessons learned from the tragedies of cults of personality in Leninist parties and sought to begin to develop the collective principle inherent in Leninism in building what might evolve into a unique approach to endogenous democracy.
Chinese progress from the time of the beginning of the commencement of the last “New Era” (1978-2016) suggested to CPC leaders that the China of 2017 was at a very different stage from the China of 1978 and that this progress required more explicit refinement of its normative and governance structures in line with that progress. Both Marxism and Leninism were again further refined by the 19th CPC Congress. In its Leninist aspects, the centrality of a rules based organization was advanced along with a strengthening of intra-Party democratic principles (and perhaps eventually more fully practices). Accountability was centered through a focus on monitoring and cadre oversight and discipline. But the role of the CPC was also more explicitly broadened to cover virtually every sphere of life. CPC leadership, then, is now more clearly understood to extend to all aspects of national life. At the same time, the Marxist elements were developed. The central contradiction–the challenges at the center of the immediate leadership obligations of the CPC was recognized to have changed, and with it the primary obligation for leadership through state organs. That central contradiction, before 1978 was focused on the classical one of class struggle (from out of which European Marxism never advanced). After 1978 it was focused on economic development, centering on the contradiction in Chinese society between the ever-growing material and cultural needs of the people and the low level of production. The current “New Era” however, sees a movement beyond that to the contradiction between unbalanced and inadequate development and the people’s ever growing need for a better life. These changes will have profound effect on government by shaping its policy choices and programs.
For most outsiders much of this is both new and daunting. It is sometimes difficult to separate the myths and stereotypes of the failed European Marxist-Leninist experiment form the construction of the Chinese (and to some extent the Vietnamese) Party-State. Yet such an understanding is now essential for anyone who is likely to deal with China or its enterprises int he course of global trade, international relations, or in the cyber sphere.
To bridge the knowledge gap in the West The Coalition for Peace and Ethics and its Partners have sought to develop a set of events designed to provide basic understanding of the operation and world view of the Chinese state and its vanguard party. To that end this Teach-In will provide a basic introduction to the government and political ideology of China today. It is designed especially for those with little or no knowledge of China and will provide a strong foundation from which participants will be able to better understand and follow developments at home and abroad respecting China and its emerging place in the world.
Download Conference Note HERE: Concept_Note_China_Governance_3-2018-FINAL
众所周知,中国已经成为全球经济活动的主要动力。尽管中国现在主要是一个商品生产者，但其也正迅速成为全球市场中重要的服务提供者。中国在全球范围内的投资是推动全球生产发展的一个重要动力。在这一背景下，经济扩张已经成为中国国际影响力的衡量标准，这一点在经济和贸易方面表现尤为明显。中国正尝试通过一系列措施将其扮演的这一重要角色制度化，一个新的面向中国的多边主义似乎正在形成。一个典型的例子是，中国正寻求通过“一带一路”倡议在全球产业链上留下不可抹去的中国印记。同样越来越重要的是，中国正通过亚洲基础设施投资银行来打造其作为主权国家中为基础设施发展制定发展战略的领导者地位。
中国的经济体系已经初步上升为了一个模式，这一点对发展中国家来说尤为如此。这种模式将国家指导（政治决策圈的领导）和受国家引导的市场力量结合在一起，二者间的互动创造了有所指导的经济增长，也适应了国家的政治目标。这种模式之所以吸引发展中国家的原因在于其赋予了国家实现经济自治的手段，这些国家往往发现自己的经济发展很大程度上是由外部力量所控制的。这一模式建立在三大部门之上，首先是即强大的国家部门，它能够提供以目标（各种可能的经济活动中的宏观选择）为形式的领导和保证经济活动合理运行的规则；其次是一个强大的国有企业部门，国家通过这一部门管理市场上的经济活动；最后是强大的市场，私有的市场活动将在这里配合或补充国家的活动。
比上述事实更不为人知的是，中国不遗余力对一套规范性的规则体系的构建也助推了中国经济走上世界的领导地位，这样一套体系能“把权力关进制度的笼子”并且让领导权依据规范而行使。发展中国治理中的生产力的根本目标是打造一个规则基础以便于在国家和运转和管理过程中，官员能够根据规范和规则行使其自由裁量权，即“身先垂范，遵守党章党规，遵守党的政治规范和纪律，永远记住党的使命，为党员树立好榜样”。这些目标对任何一种社会组织都是适用的。实际上，这些目标在中国政治原则的语境之中创造了稳定性和秩序性。制定这些目标的目的并不仅仅聚焦于对行为的监管，它也关注对市场的监管—在当前的背景下，更重要的是对社会、经济信息市场（数据和评估）的监管，以及通过监管来保护交流渠道与国家政治框架一致的正当性从而防止互联网谣言泛滥。
中国已经尝试发展一套具有连贯性和自治性特点的社会主义法治和社会主义法制理论，也就是要为国家、经济和社会依据“法律面前人人平等”原则的运作提供概念层面和操作层面的基础。这意味着从中国治理的根本政治原则中衍生开来并在政治、经济和社会核心体系的运作系统中将这些规则制度化。社会主义法治之所以与众不同的原因就在于其中国特色。这既涉及到中国文化，又涉及到国家运转的政治体系—基于先锋政党的领导，这种领导对于国家行政机构所采取的运营决策来说至关重要，并且被视作非公部门活动的引导。对于西方人来说，社会主义法治的独特特征似乎聚焦于国家的司法关系。西方对国家宪法的角色和作用、政治权威及领导的分配等的观念也与社会主义法治大相径庭。
2017年十月的十九大报告强调了中国治理结构的发展。十九大为治理结构的发展勾勒出了一个雄心勃勃的规划以迎接当前世界所带来的挑战。这一新发展将由习近平提出的新时代中国特色社会主义思想引导（这也是2017年10月18日十九大报告的主题）。
十九大之后，中国正昂首阔步对其治理体系和实施进行改革。2017年10月24日，中国共产党全国代表大会通过了修改党章的决议并立即生效。这一修订象征着中国政治宪章演进中的一个重大发展，定义了党的章程、组织、组织系统、党员、党员权利与义务、党的纪律等等。2017年12月28日，中共中央政治局宣布了其修改国家宪法的提议。
总的来说，这些改变都标志着中国的崛起将不仅仅是在经济层面，而是越来越多地表现在法治和治理结构的发展上，包括国家层面上更高法律规则。因此，了解包括宪政和中国在对国际社会中关系合法性的参与模式在内的中国治理是有必要的。这些改变也要求正在构建中的治理的原则可能不仅仅将影响国家与国家间的关系，也将影响在正在崛起的多边国际结构中中国参与方和其全球伙伴之间的关系。
这次会议希望能够将上述趋势放在一起讨论。与来自美国、中国和欧洲的学者一起，本次会议的参与者们会讨论中国治理当前发展的内部和外部影响。与会者们将在中国政治和政府的规范性框架中，从许多不同角度探讨上述发展趋势。这次讨论也将考虑这些新发展对中国国家和私人行为体在全球层面的影响，在政治、经济和社会层面上，中国还将与这些行为体进一步互动。本次会议将在2018年3月15日下午于宾夕法尼亚州立大学Lewis Katz Building 110举办，整场会议提供现场直播和全程录像。
At its 19th Congress of the Chinese Communist Party, held October 2017, the CPC leadership boldly announced the dawn of a “New Era”–a new stage in the history of the CPC and of China, as it moved forward, under the leadership of the CPC toward the ultimate mandatory goal of establishing a communist society in China. That forward movement represents the workings of two quite related but distinct elements. The first is the Marxist element–the continuing refinement and development of the basic normative theories from which the obligations of state, society and vanguard are derived and the goals toward which everything is bent. The second is the Leninist element–the continuing development of the normative structures of legitimate leadership by a vanguard element (in common parlance a “Communist” party) whose core obligation is to lead the people toward its Marxist objectives. These two basic elements are interlinked through the establishment of governmental (administrative) institutions through which the vanguard party might assert its leadership role in bringing society closer to its ultimate objectives.
While the development of Marxism and Leninism withered in Europe after the 1980s, lingering only in outlier states like North Korea and Cuba, China took a different path. The result was the creation of a unique approach to both government (the Leninist party of its structure) and the road taken toward the establishment of a Marxist society. To that end, China began to develop a Marxism with Chinese characteristics some of which were quite non-European. Its implementation of socialist development moved Marxism toward the adoption of the techniques of markets in the service of its Marxist goals. This Markets Marxism sought to embed markets into the objectives based obligations of its vanguard party. At the same time, the character of the CPC and its leadership role also developed. It profited from the lessons learned from the tragedies of cults of personality in Leninist parties and sought to begin to develop the collective principle inherent in Leninism in building what might evolve into a unique approach to endogenous democracy.
Chinese progress from the time of the beginning of the commencement of the last “New Era” (1978-2016) suggested to CPC leaders that the China of 2017 was at a very different stage from the China of 1978 and that this progress required more explicit refinement of its normative and governance structures in line with that progress. Both Marxism and Leninism were again further refined by the 19th CPC Congress. In its Leninist aspects, the centrality of a rules based organization was advanced along with a strengthening of intra-Party democratic principles (and perhaps eventually more fully practices). Accountability was centered through a focus on monitoring and cadre oversight and discipline. But the role of the CPC was also more explicitly broadened to cover virtually every sphere of life. CPC leadership, then, is now more clearly understood to extend to all aspects of national life. At the same time, the Marxist elements were developed. The central contradiction–the challenges at the center of the immediate leadership obligations of the CPC was recognized to have changed, and with it the primary obligation for leadership through state organs. That central contradiction, before 1978 was focused on the classical one of class struggle (from out of which European Marxism never advanced). After 1978 it was focused on economic development, centering on the contradiction in Chinese society between the ever-growing material and cultural needs of the people and the low level of production. The current “New Era” however, sees a movement beyond that to the contradiction between unbalanced and inadequate development and the people’s ever growing need for a better life. These changes will have profound effect on government by shaping its policy choices and programs.
For most outsiders much of this is both new and daunting. It is sometimes difficult to separate the myths and stereotypes of the failed European Marxist-Leninist experiment form the construction of the Chinese (and to some extent the Vietnamese) Party-State. Yet such an understanding is now essential for anyone who is likely to deal with China or its enterprises int he course of global trade, international relations, or in the cyber sphere.
To bridge the knowledge gap in the West The Coalition for Peace and Ethics and its Partners have sought to develop a set of events designed to provide basic understanding of the operation and world view of the Chinese state and its vanguard party. To that end this Teach-In will provide a basic introduction to the government and political ideology of China today. It is designed especially for those with little or no knowledge of China and will provide a strong foundation from which participants will be able to better understand and follow developments at home and abroad respecting China and its emerging place in the world.
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Download Conference Note HERE: Concept_Note_China_Governance_3-2018-FINAL
It is well known that China has emerged
as a leading driver of global economic activity. China is now a major
producer of goods, and it is quickly becoming an important source of
services as well. Chinese investment worldwide is now an important
factor in driving global production. With that economic expansion has
come a measure of influence, especially in matters of economy and
trade. China has sought to institutionalize this role through a number
of initiatives. Many of these suggest a new Chinese oriented
multilateralism. Among these is the One Belt One Road
(OBOR) Initiative, through which China will seek to put its own stamp
on the operation of global production chains. Also increasingly
important is China’s role as a leader of states in developing strategies
for infrastructure development through the Asia Infrastructure Investment Bank.
The Chinese economic system has emerged
as a model, especially for developing states. It offers a combination
of state direction (the leadership of the political sphere) that is
informed by the operation of market forces in a constant interaction
that produces guided economic growth that meets the political objectives
of the nation. This model has appeal to developing states and offers a
measure of autonomy for states that might otherwise find themselves at
the mercy of outside forces over which they have little control. This
model is built around three sectors—a strong state sector that can
provide leadership in the form of objectives (macro choices among
possibilities for economic activities) and rules to ensure an
appropriate functioning of such activity; a strong state enterprise
sector through which the state can manage economic activity in markets;
and a strong market sector through which private markets activity might
be exercised in coordination with or that complements the activities of
the state.
What is less well known id that the
drive toward economic leadership in the world has also be accompanied by
a strong effort to develop Chinese normative and rule structures
through which power can be put in a cage
and leadership exercised in conformity with norms. The fundamental
objective of the development of the productive forces of Chinese
governance is to foster a rules basis for the operation of the state
and to manage the exercise of discretion by officials in accordance with
the norms and rules—to “lead by example, follow the party constitution
and rules, conform to the party’s political norms and disciplines,
always remember the party’s mission, and set a good example for party
members” (CPC to hold key plenum in October, focus on Party management).
These objectives apply to all aspects of the organization of society.
They are meant to produce stability and order within the context of
Chinese political principles. The focus of this activity is not merely
on the regulation of conduct but also on the regulation of markets—most
importantly now the regulation of markets for information (data and
assessment), social and economic, and protection against abuse from
internet rumors through regulations designed to protect the integrity of
channels of communication in accordance with the political framework of
the state.
China has been moving forward its
project to develop a coherent and autonomous theory of Socialist Rule of
Law and Socialist Legality that is meant to provide a conceptual and
operational basis for the functioning of state, economy and society in
accordance with rules that would guide individuals and officials alike.
It is meant to derive from the fundamental political principles of
Chinese governance and to institutionalize those norms within the
operational systems of the core institutions of politics, economics, and
society. What distinguishes Socialist Rule of Law is inherent in its
Chinese characteristics. These touch on both Chinese culture and on the
operational political structure of the state—one based on the
leadership of a vanguard party the leadership of which is essential to
the operational decisions undertaken by the administrative organs of
state, and which serve as guidance for activities in the non-state
sectors. For Westerners, the distinguishing qualities of Socialist Rule
of Law tends to focus on the relationship of the judiciary to the state (Xi urges socialist rule of law).
Western notions of the relationship of the role and scope of the state
constitution and of the allocation of political authority and leadership
also distinguish Socialist Rule of Law from its Western variant.
The development of the structures of
Chinese governance was highlighted in the work of the 19th Congress of
the Chinese Communist Party, which concluded in October 2017. The 19th
CCP Congress outlined an ambitious program of development of the
structures of governance to meet the challenges of the contemporary
world. That development will be guided by the thought on Socialism with Chinese Characteristics in the New Era —新时代中国特色社会主义思想 —introduced
by Xi Jinping as the central theme of the Report delivered on 18
October 2017 (original language version of that Report — 中文 ).
In the wake of the 19th CCP
Congress China has moved aggressively to reform its governance systems
and their implementation. On October 24, 2017, the CCP Congress adopted a
resolution on the Constitution of the Communist Party of China
(Amendment), effective immediately. The revision represents an
important development in the evolution of the political constitution of
China, defining the vanguard party’s program, organization, organization
system, party members, party members’ rights and obligations, party
discipline, and the like. On 28 December 2017, the Politburo of the CCP
announced an intention to amend the state constitution as well.
Taken together, these changes mark the
rise of China not merely as a leader in the economic field, but
increasingly now as a leader in the development of law and governance
structures, including the higher law of a state. It becomes necessary,
then, to study the developments in Chinese governance, including
constitutionalism and approaches to the legalities of relationships
within the international community. These changes also require a
recognition that the principles of governance being developed may affect
not just state to state relations, but also the relations between
Chinese actors and global partners in emerging multilateral structures.
This conference hopes to draw these
trends together. Bringing speakers together from the U. S., China and
Europe, Conference participants will consider the internal and external
consequences of the current development of Chinese governance.
Conference participants will explore these developments within the
normative framework of the Chinese politics and government from a
variety of perspectives. The discussion will also consider the global
implications of these developments for China and states and private
actors with which China will continue to engage in the political,
economic, and societal spheres. The Conference is scheduled for 14
March 2018 and held at Katz Hall, Pennsylvania State University,
University Park, PA. It will be livestreamed and thereafter available
on video. The Conference is sponsored by the Coalition for Peace &
Ethics, Penn State Rock Ethics Institute, the Penn State School of
International Affairs, Penn State Law and the Research Career
Development Network of Law and International Affairs.
___________
中国的法治与国家治理：国内与国外两个视角
2018年3月15日, 会议概念文件
众所周知,中国已经成为全球经济活动的主要动力。尽管中国现在主要是一个商品生产者，但其也正迅速成为全球市场中重要的服务提供者。中国在全球范围内的投资是推动全球生产发展的一个重要动力。在这一背景下，经济扩张已经成为中国国际影响力的衡量标准，这一点在经济和贸易方面表现尤为明显。中国正尝试通过一系列措施将其扮演的这一重要角色制度化，一个新的面向中国的多边主义似乎正在形成。一个典型的例子是，中国正寻求通过“一带一路”倡议在全球产业链上留下不可抹去的中国印记。同样越来越重要的是，中国正通过亚洲基础设施投资银行来打造其作为主权国家中为基础设施发展制定发展战略的领导者地位。
中国的经济体系已经初步上升为了一个模式，这一点对发展中国家来说尤为如此。这种模式将国家指导（政治决策圈的领导）和受国家引导的市场力量结合在一起，二者间的互动创造了有所指导的经济增长，也适应了国家的政治目标。这种模式之所以吸引发展中国家的原因在于其赋予了国家实现经济自治的手段，这些国家往往发现自己的经济发展很大程度上是由外部力量所控制的。这一模式建立在三大部门之上，首先是即强大的国家部门，它能够提供以目标（各种可能的经济活动中的宏观选择）为形式的领导和保证经济活动合理运行的规则；其次是一个强大的国有企业部门，国家通过这一部门管理市场上的经济活动；最后是强大的市场，私有的市场活动将在这里配合或补充国家的活动。
比上述事实更不为人知的是，中国不遗余力对一套规范性的规则体系的构建也助推了中国经济走上世界的领导地位，这样一套体系能“把权力关进制度的笼子”并且让领导权依据规范而行使。发展中国治理中的生产力的根本目标是打造一个规则基础以便于在国家和运转和管理过程中，官员能够根据规范和规则行使其自由裁量权，即“身先垂范，遵守党章党规，遵守党的政治规范和纪律，永远记住党的使命，为党员树立好榜样”。这些目标对任何一种社会组织都是适用的。实际上，这些目标在中国政治原则的语境之中创造了稳定性和秩序性。制定这些目标的目的并不仅仅聚焦于对行为的监管，它也关注对市场的监管—在当前的背景下，更重要的是对社会、经济信息市场（数据和评估）的监管，以及通过监管来保护交流渠道与国家政治框架一致的正当性从而防止互联网谣言泛滥。
中国已经尝试发展一套具有连贯性和自治性特点的社会主义法治和社会主义法制理论，也就是要为国家、经济和社会依据“法律面前人人平等”原则的运作提供概念层面和操作层面的基础。这意味着从中国治理的根本政治原则中衍生开来并在政治、经济和社会核心体系的运作系统中将这些规则制度化。社会主义法治之所以与众不同的原因就在于其中国特色。这既涉及到中国文化，又涉及到国家运转的政治体系—基于先锋政党的领导，这种领导对于国家行政机构所采取的运营决策来说至关重要，并且被视作非公部门活动的引导。对于西方人来说，社会主义法治的独特特征似乎聚焦于国家的司法关系。西方对国家宪法的角色和作用、政治权威及领导的分配等的观念也与社会主义法治大相径庭。
2017年十月的十九大报告强调了中国治理结构的发展。十九大为治理结构的发展勾勒出了一个雄心勃勃的规划以迎接当前世界所带来的挑战。这一新发展将由习近平提出的新时代中国特色社会主义思想引导（这也是2017年10月18日十九大报告的主题）。
十九大之后，中国正昂首阔步对其治理体系和实施进行改革。2017年10月24日，中国共产党全国代表大会通过了修改党章的决议并立即生效。这一修订象征着中国政治宪章演进中的一个重大发展，定义了党的章程、组织、组织系统、党员、党员权利与义务、党的纪律等等。2017年12月28日，中共中央政治局宣布了其修改国家宪法的提议。
总的来说，这些改变都标志着中国的崛起将不仅仅是在经济层面，而是越来越多地表现在法治和治理结构的发展上，包括国家层面上更高法律规则。因此，了解包括宪政和中国在对国际社会中关系合法性的参与模式在内的中国治理是有必要的。这些改变也要求正在构建中的治理的原则可能不仅仅将影响国家与国家间的关系，也将影响在正在崛起的多边国际结构中中国参与方和其全球伙伴之间的关系。
这次会议希望能够将上述趋势放在一起讨论。与来自美国、中国和欧洲的学者一起，本次会议的参与者们会讨论中国治理当前发展的内部和外部影响。与会者们将在中国政治和政府的规范性框架中，从许多不同角度探讨上述发展趋势。这次讨论也将考虑这些新发展对中国国家和私人行为体在全球层面的影响，在政治、经济和社会层面上，中国还将与这些行为体进一步互动。本次会议将在2018年3月15日下午于宾夕法尼亚州立大学Lewis Katz Building 110举办，整场会议提供现场直播和全程录像。
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