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Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China$
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Jean-Philippe Béja, Fu Hualing, and Eva Pils

Print publication date: 2012

Print ISBN-13: 9789888139064

Published to Hong Kong Scholarship Online: January 2013

DOI: 10.5790/hongkong/9789888139064.001.0001

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Challenging Authoritarianism through Law

Challenging Authoritarianism through Law

Chapter:
(p.185) Chapter 9 Challenging Authoritarianism through Law
Source:
Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China
Author(s):

Fu Hualing

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789888139064.003.0010

This chapter provides a historical background discussion of the legal rights-based weiquan movement in China, traces the tension between the supply and demand of rights, and explains an institutional failure in meeting the increasing demand for rights and the social consequences of that failure. Armed with legal rights, citizens of different social and economic backgrounds have started to assert these and engage in a movement of rightful resistance. Gradually, law has become a rallying point for aggrieved people, and lawyers have become organizers of an emerging social movement. However, the brutal social changes and acute conflicts are often beyond the capacity of legal norms and institutions to grasp. As a result, the legal system has failed to serve as a governing tool for the Party-state and to provide remedies for citizens seeking justice — both are giving up on law and resorting to extralegal and illegal measures to settle the score.

Keywords:   Charter 08, Liu Xiaobo, Human rights, China, Constititutionalism, Political reform, Weiquan

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