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Part II establishes the alternative law and political economy framework by unpacking the dynamics between politics and law in the process of China’s market reforms. It starts with describing the relationship between law and politics in constructing one of the primary mechanisms of macro control in China – China’s socio-economic development blueprint, the “Five-Year Plan.”
It then moves to a chapter-by-chapter analysis of the evolving roles of law during China’s market reforms, outlining a three-stage shift in the allocation of market governance authorities within the Party-state system through legal evidence.
Throughout this part of the book, the author examines the legal configurations of political-power dynamics through a systematic investigation of the vast body of market-related primary and secondary sources of law and Chinese Communist Party (CCP) documents that have been promulgated in China since the early reforms until the present day. This Part reflects how two functions of law – economic and political – have developed side by side, each supporting the other.
When the Communist Party of China announced a new government on October 1, 1949, the economy that government inherited was in shambles. China had been at war for over twelve years and much of the infrastructure of the country had been destroyed or badly damaged and prices were rising at 51 percent per month or 13,000 percent per year. The Guomindang government fleeing to Taiwan took much of the country’s foreign-exchange and gold reserves with them, along with many of the managers of the banks and industrial firms. Inflation and war left many of the businesses that stayed barely able to function even when their managers and technicians did not flee.
This chapter explores the magnitude of the development problems faced by the Chinese at mid-century, analyzes the policies adopted, and assesses the record of accomplishment through the first Five-Year Plan (FYP). It also illuminates why the relatively successful strategy of the first FYP was abandoned immediately and replaced by the Great Leap Forward, a program of massive and unprecedented failure. Rapid industrial growth was concentrated regionally and did not lead to sustained growth of national output. The Sino-Japanese War and the civil war exacerbated certain long-term structural problems. The burdensome legacy inherited by the Communist regime was hyperinflation. Early forms of cooperative agriculture, called mutual aid teams, were an extension of traditional forms of peasant cooperation in which labor and the use of draft animals and farm implements were exchanged on a voluntary reciprocal basis. In order to meet targets for the number of Agricultural Producers' Cooperatives formed, local cadres violated the principles of voluntarism and mutual benefit.
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