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| Xi Jinping Pushes Legal Overhaul That Would Bolster State Power | Xi Jinping Pushes Legal Overhaul That Would Bolster State Power |
| (35 minutes later) | |
| BEIJING — For six decades, Chinese leaders have tried to put in place a sweeping civil code to explain the law on some of China’s most contentious issues, including property rights, migrant workers, defamation and divorce. | BEIJING — For six decades, Chinese leaders have tried to put in place a sweeping civil code to explain the law on some of China’s most contentious issues, including property rights, migrant workers, defamation and divorce. |
| And for six decades, they have failed, stymied by political squabbling and social upheaval and leaving China with a piecemeal and outdated legal system. | And for six decades, they have failed, stymied by political squabbling and social upheaval and leaving China with a piecemeal and outdated legal system. |
| Now, President Xi Jinping is reviving the idea of a national civil code as he seeks to remake China’s justice system. His government has embraced the code as a tool to fight corruption and fickleness in the courts, as well as to formalize state power on issues as varied as free speech and parental responsibility. | Now, President Xi Jinping is reviving the idea of a national civil code as he seeks to remake China’s justice system. His government has embraced the code as a tool to fight corruption and fickleness in the courts, as well as to formalize state power on issues as varied as free speech and parental responsibility. |
| “Even while engaging in terrific repression in some respects, there is a desire to show continuing legal progress,” said Jerome A. Cohen, a New York University expert on Chinese law. “Xi is trying to convince the world that China now can take the lead.” | “Even while engaging in terrific repression in some respects, there is a desire to show continuing legal progress,” said Jerome A. Cohen, a New York University expert on Chinese law. “Xi is trying to convince the world that China now can take the lead.” |
| On Wednesday, the Chinese legislature, a rubber-stamp body of Mr. Xi and the ruling Communist Party, took a first step toward adopting a civil code, overwhelmingly approving a set of guiding principles and vowing to finish a complete code by 2020. | On Wednesday, the Chinese legislature, a rubber-stamp body of Mr. Xi and the ruling Communist Party, took a first step toward adopting a civil code, overwhelmingly approving a set of guiding principles and vowing to finish a complete code by 2020. |
| But to succeed, Mr. Xi and lawmakers will need to overcome significant ideological divisions within the party, especially on heated issues like how to handle land disputes. | But to succeed, Mr. Xi and lawmakers will need to overcome significant ideological divisions within the party, especially on heated issues like how to handle land disputes. |
| China’s government often tries to present the image of a unified and efficient bureaucracy marching in step. But the struggle over the civil code is a reminder that it remains divided on a range of ideological and policy issues, complicating the leadership’s efforts to meet rising public expectations. | China’s government often tries to present the image of a unified and efficient bureaucracy marching in step. But the struggle over the civil code is a reminder that it remains divided on a range of ideological and policy issues, complicating the leadership’s efforts to meet rising public expectations. |
| China’s leaders also face resistance from activists and rights-minded scholars, who dismiss the civil code as nothing more than window dressing and a means for Mr. Xi, who has pushed hard-line policies during his more than four years in power, to restrict free speech in China further. | China’s leaders also face resistance from activists and rights-minded scholars, who dismiss the civil code as nothing more than window dressing and a means for Mr. Xi, who has pushed hard-line policies during his more than four years in power, to restrict free speech in China further. |
| Critics cite as a worrying sign the decision by lawmakers, during the annual meeting of the National People’s Congress this month in Beijing, to make the defamation of Communist heroes and martyrs a civil offense. | Critics cite as a worrying sign the decision by lawmakers, during the annual meeting of the National People’s Congress this month in Beijing, to make the defamation of Communist heroes and martyrs a civil offense. |
| “Will other citizens’ rights be protected as well?” asked He Weifang, a professor of law at Peking University and a prominent critic of the Communist Party. “This is a really bad move and has violated the basic spirit of civil laws, which champion dignity, personal freedom and equality.” | “Will other citizens’ rights be protected as well?” asked He Weifang, a professor of law at Peking University and a prominent critic of the Communist Party. “This is a really bad move and has violated the basic spirit of civil laws, which champion dignity, personal freedom and equality.” |
| Still, others have warned that enshrining too many freedoms in the civil code, which hundreds of thousands of judges across the country will use to decide disputes large and small, might risk creating social unrest. | Still, others have warned that enshrining too many freedoms in the civil code, which hundreds of thousands of judges across the country will use to decide disputes large and small, might risk creating social unrest. |
| One prominent legal scholar, Liang Huixing of the Chinese Academy of Social Sciences in Beijing, has raised the possibility of revolution if China were to guarantee expansive personal freedoms like property rights and free speech in the civil code, as some lawmakers and scholars have suggested. He has drawn comparisons to the 2014 uprising in Ukraine, warning of the threat posed by “unchecked freedom.” | One prominent legal scholar, Liang Huixing of the Chinese Academy of Social Sciences in Beijing, has raised the possibility of revolution if China were to guarantee expansive personal freedoms like property rights and free speech in the civil code, as some lawmakers and scholars have suggested. He has drawn comparisons to the 2014 uprising in Ukraine, warning of the threat posed by “unchecked freedom.” |
| Zhou Guangquan, a lawmaker and a professor at Tsinghua University in Beijing, dismissed concerns that the government was not interested in protecting individual rights. He said it was essential to update China’s civil law, which has its roots in German law and was last significantly revised in the 1980s, before economic and social transformations. | |
| “There are a lot of overlaps and contradictions,” Mr. Zhou wrote in an email. “The passing of civil code will erase these problems.” | “There are a lot of overlaps and contradictions,” Mr. Zhou wrote in an email. “The passing of civil code will erase these problems.” |
| Lawmakers say they intend to grapple with a host of issues in the civil code, including whether unborn children should be entitled to inheritance rights. They also say they intend to update laws on property to include virtual possessions, and to protect good Samaritans from punishment if they accidentally injure someone they are helping. | Lawmakers say they intend to grapple with a host of issues in the civil code, including whether unborn children should be entitled to inheritance rights. They also say they intend to update laws on property to include virtual possessions, and to protect good Samaritans from punishment if they accidentally injure someone they are helping. |
| The new rules might also touch on the need to conserve resources, Mr. Zhou said, helping resolve issues like the excess use of packaging in popular holiday gifts like moon cakes. | The new rules might also touch on the need to conserve resources, Mr. Zhou said, helping resolve issues like the excess use of packaging in popular holiday gifts like moon cakes. |
| One of the chief issues is how to resolve land disputes between residents and the government, a continuing source of social unrest. In China, homeowners have rights to their dwelling but not the ground underneath it. | |
| To propel China’s development over the last quarter-century, the government has seized land and demolished homes at a rapid pace, in many cases over the opposition of local residents. In addition, the government parcels out land through 20- to 70-year leases, some of which are soon expiring, fueling uncertainties in real estate markets. | To propel China’s development over the last quarter-century, the government has seized land and demolished homes at a rapid pace, in many cases over the opposition of local residents. In addition, the government parcels out land through 20- to 70-year leases, some of which are soon expiring, fueling uncertainties in real estate markets. |
| Some lawmakers and legal scholars have proposed that the civil code should permit Chinese citizens to use land indefinitely. | Some lawmakers and legal scholars have proposed that the civil code should permit Chinese citizens to use land indefinitely. |
| Despite the adoption of a property rights law a decade ago, critics argue that the state continues to exert too much power over citizens in resolving land disputes. | Despite the adoption of a property rights law a decade ago, critics argue that the state continues to exert too much power over citizens in resolving land disputes. |
| “The right to property is a basic human right,” said Zhang Lifan, an outspoken Chinese historian. “But what we have seen is that even with the passing of the property law, forced demolition cases still abound, and many such violations have taken place in the name of the state.” | “The right to property is a basic human right,” said Zhang Lifan, an outspoken Chinese historian. “But what we have seen is that even with the passing of the property law, forced demolition cases still abound, and many such violations have taken place in the name of the state.” |
| The Chinese government has used the civil code to promote the image of China to the world. The state-controlled media has called it China’s “declaration of rights,” with one article quoting lawmakers from Bangladesh offering glowing assessments. | The Chinese government has used the civil code to promote the image of China to the world. The state-controlled media has called it China’s “declaration of rights,” with one article quoting lawmakers from Bangladesh offering glowing assessments. |
| Previous efforts to pass a civil code failed, but experts said the fact that Mr. Xi and the party seem to have embraced the push to draft a code was a sign that this time, the effort is likely to bear fruit. | |
| Professor Cohen of N.Y.U. said adopting a civil code could help reinforce Mr. Xi’s efforts to reassure domestic and foreign investors about the strength of China’s economic and political system. | Professor Cohen of N.Y.U. said adopting a civil code could help reinforce Mr. Xi’s efforts to reassure domestic and foreign investors about the strength of China’s economic and political system. |
| “It is part of his effort to show how open and ready China is by providing a legal system in which investors can have confidence,” he said. “Of course, the proof is in the pudding.” | “It is part of his effort to show how open and ready China is by providing a legal system in which investors can have confidence,” he said. “Of course, the proof is in the pudding.” |