The Nature of Civil Disobedience Movement at the Time of Hu Jintao Administration

The law of PRC on Labor-dispute Mediation and Arbitration�����l�����a���Ͷ�������𒇍ٖ@ [Law of People's Republic of China on Labor-dispute Mediation and Arbitration] / [Text] : official version. �������{�Ż���, �V����, 2007�N12��29��. - Access mode: http://www.gov.cn/flfg/2007-12/29/content_847310.htm adopted on December 2007is another attempt to reduce the number of civil disobedience acts among the labor force Rainer Hampp Verlag. �China's Labor Question� /[Text] : M�nchen, Mering, 2011. - Access mode:http://www.global-labor-university.org/fileadmin/books/CLQ_full_book.pdf. In the absence of trustful way to resolve the labor conflicts, the only way for the workers to express their disapproval is to organize an industrial action or walkout. If the official channels for communication are not effective enough that is the only way to protect the rights. Of course, that's also a message for the trade unions in China which would be described further - if there is no any efficient representative of workers, they will protect their rights in the form of civil disobedienceBrown, R. �Rule of Law in China: Chinese Law and Business. China Labour Dispute Resolution� / [Text] : The Foundation for Law, Justice and Society in collaboration with The Centre for Socio-Legal Studies, University of Oxford, 2008. - Access mode: http://www.fljs.org/sites/www.fljs.org/files/publications/FLJ%2BS%20Brown%20pb_d.pdf.

It is interesting to trace the evolution of the causes of labor disputes, as well as the frequent acts of civil disobedience. Until the 2003, the working class was one of the least protected part of population, along with representatives of agricultural industries (disaffection of this class is tightly linked with property rights and land reform - it will be discussed below). Before the tremendous level of economic growth and the Labor Law amendment, Chinese workers were glad of any job on any terms - at that time the only purpose of the working class was a desire to ensure a minimum acceptable standard living for themselves and their families without claim to anything more. In the early stages of China's rapid economic growth there was a competitive advantage - a great number of cheap labor force, ready to work on any terms of the employer.

With increasing economic growth, the price of production in China was slowly rising - at the same time, steadily increased the quality of labor. We also have to pay attention to such factors as the economic growth diversification, as well as increasing the share of high-tech production. In connection with that, the number of unemployed steadily increased from 2008 according to the a Euro money Institutional Investor Companyhttp://www.ceicdata.com/enwhose data are used in our research because the Chinese official unemployment measures do not include the number of migrant workers who are forced to move back to the rural area, out of big cities. According to the China Labor Bulletin the number of officially recorded strikes has doubled from 2014 to 2015 Financial Times web-site accessed at https://ig.ft.com/sites/numbers/economies/china.

In 2008 the "Employment Promotion Law�����l�����a���Aҵ�����@ [Employment Promotion Law of People's Republic of China] / [Text] : official version. �������{�Ż���, �V����, 2007�N8��30��- Access mode: http://www.gov.cn/flfg/2007-08/31/content_732597.htm" came into effect promoting the balance between economic development and the expansion of employment opportunities, emphasizing the importance of social harmony and stability. The law annihilated any type of discrimination and the fixed the basic rights of workers such as an employment contract and a minimum wage. At the same time social insurance is fixed in the text of law.

There is also a very important article concerning the work of trade unions, because ineffective work is considered to be one of the reasons of social unrest. By its nature the trade union is supposed to be the "bridge" between the State and workers, a mediator between employers and employees, but in China it's different. There is only one legal trade union- the All-China Federation of Trade Unions, ACFTU-"a mass organization of the working class under Chinese Communist Party leadershipBaidu Encyclopedia Article, see the link: http://www.baike.com/wiki/%E4%B8%AD%E5%8D%8E%E5%85%A8%E5%9B%BD%E6%80%BB%E5%B7%A5%E4%BC%9A". According to the Employment Promotion Law, workers got the right to establish an enterprise trade union. From that time the administration of enterprise has to consult and interact with such enterprise trade union about any major changes to wages and terms are made. Still, all of these enterprise trade unions have to be organized on the base of the ACFTU, so there is no doubt that the trade unions in China are extremely politicized and subservient to the Government�Protecting Workers' Rights or Serving the Party: The way forward for China's trade unions� / [Text] : Research Report. China Labour Bulletin. March 2009. - Access mode: http://www.clb.org.hk/sites/default/files/archive/en/share/File/research_reports/acftu_report.pdf. "Bridges" do not work - that is one of the reasons of social unrest, which as a consequence leads to the mass disturbances.

In fact, all of the laws above are corresponding with the reality of labor conflicts. To our point of view, Hu Jintao Administration understood the needs of working class and responded as effective as it's possible in the one-party state system. Anyway, that's not enough to prevent the growing social unrest, but the implementation of more radical reforms can lead to the collapse of system. In the third chapter we will evaluate a number of such measures and their effectiveness.

Growing Need of Social Guarantees

Another demand of workers following the protection of human rights is an accordance of social guarantees. As we already mentioned all of the Chinese workers (as long as we describe the labor conflicts) in the past agreed any conditions of work, even if the wage was below the minimal living wage. Moreover, until the March 1, 2004 when the "Minimum Wage Regulations" came into force, there is simply no such a term as a "minimum wage" and relevant regulations fixing the volume of such minimum wage and its correlation with the volume of living wage.

At the time of Hu Jintao Administration there were a great number of struggles uncovering a lot of problems of China's social security system. As long as our research is not a "case by case" study, we are not going to describe any of the mass riots or strike related to this issue (a great example is a riot on the shoes factory in Guangdong�More than ten thousand workers stage strike at massive Dongguan shoe factory�, China Labor Bulletin, 14 April 2014 accessed at http://www.clb.org.hk/en/content/more-ten-thousand-workers-stage-strike-massive-dongguan-shoe-factory), but we will underline the reasons of such workers behavior in common on the base of data from mass media reports and relevant statistic data.

In general, by the set of social guarantees we understand here the social payments in the form of pensions, unemployment insurance, medical insurance, work-related injury insurance, maternity insurance and social insurance for migrant workers. After the analyzing of a number such mass incidents caused by the growing needs of social guarantees, we can evaluate the major causes of that.

The main reason is the work-related injury insurance. If we look through the China Statistical Yearbooks China Statistical Yearbook 2013 http://www.stats.gov.cn/tjsj/ndsj/2013/indexch.htm, China Statistical Yearbook 2009 http://www.stats.gov.cn/tjsj/ndsj/2009/indexch.htm, China Statistical Yearbook 2006 http://www.stats.gov.cn/tjsj/ndsj/2006/indexch.htm edited by National Bureau of Statistics from 2004 till 2014, it's obvious that the number of applications to the Court varies significantly by the reasons of such disputes and by the total number.

For example, that is the 260,471 of applications to the Court before 2004, and in 2004 the number of applications has doubled from 350,182 to 693,465 in 2008as a consequence of the global financial crisis. From that time the number of applications remains stably high.

The reasons of such labor disputes are divided into several groups, among which there is labor compensation, social insurance, modification, termination of labor contract etc. Still, we cannot analyze it properly and make some relevant conclusions because of the non-regular publication of such data by the Government. Anyway, we can see the growing number of applications in general and the number of applications on social insurance in particular - that's obvious there are more and more Chinese who gain an understanding of law. That's why the acts of civil disobedience automatically transforming into the court examination.

As for the Government response, we have to pay attention to the Social Insurance Law�����l�����a���Љ���Ֆ@ [Social Insurance Law of People's Republic of China] / [Text] : official version. �������{�Ż���, �V����, 2010�N10��28��- Access mode: http://www.gov.cn/flfg/2010-10/28/content_1732964.htmof 2010 which states that social insurance system applies to all workers including rural employees and migrant workers. No matter that employers and employees have to make contributions to different social payments, the major part of work-related injury (as a main reason for disputes) should be paid by employers.

Chinese workers are getting olderLoyalka, M. �Chinese Labor, Cheap No More� / [Text] : The New York Times, February 17, 2012. - Access mode: http://www.nytimes.com/2012/02/18/opinion/chinese-labor-cheap-no-more.html?_r=3- and every year more and more attention is paid to the problem of obtaining a pension. With the help of additional legal acts and regulations, Government is trying to shift a part of the responsibility for the accumulation of pension for workers. The problem is that the most of the workers used to live in the framework of a socialist society, where at first there is no guarantee of a pension, and then for a long time it remained in the sphere of state regulation. The contributing more to the workers' retirement funds by the companies in fact was the reason of civil disobedience actsHarney, A. �China's Slowdown Spells Trouble for Migrant Workers' Pensions� / [Text] : Thomson Reuters, February 4, 2015 - Access mode: http://uk.reuters.com/article/uk-china-labour-idUKKBN0L82HO20150204, but thanks to the growing impact of trade unions and personal attitude of workers, the number of social unrest caused by the retirement fund remains low.

Growing Gapin Income Between Different Social Classes

The most vulnerable social class in the circumstances of economic diversification is the migrant workers (ũ��). That is about 280 million rural workers which is more than 1/3 of the labor force in China�Migrant workers and their children� / [Text] : China Labour Bulletin. - Access mode: http://www.clb.org.hk/content/migrant-workers-and-their-children. There is a common mistake in understanding of the term "rural migrant workers". First of all, these workers are Chinese; they were born in China and have Chinese citizenship. Second, not all of them were born in the countryside; the significant part of them was born and raised in big cities and now they are employing in an urban workplace. What makes them migrant? The system of h�j� (����Baidu Encyclopedia Article, see the link: http://www.baike.com/wiki/%E6%88%B7%E7%B1%8D&prd=so_1_doc) which as "propiska" in the USSR has a similar purpose. In addition to the personal information such as name or surname and date of birth, it also includes the place of registration. The difference between rural and urban is crucial, in fact bound the freedom of movement. jintao socialist reform political

From the time of "Reform & Opening up" migrant workers are the key element of China's economic development is directly migrant workers, who made up the deficiency of labor force across the country. These workers moved to advancing economic development zones and special economic zones. It is these people today who are engaged in low-paid jobs and are the least protected class in terms of respect for human rights and social security.

The senior Chinese leader in charge of foreign affairs Dai Bingguo claimed that in spite of the high GDP we should keep in mind that this number should be divided among the more than 1,3 billion of Chinese. In such circumstances, the GDP per capita is about $3,800 which is lower than some states in South Africa. It also means that 190 million people are now living below the poverty line or in poverty���\��. ����������Ա���\��: ����ߺ�ƽ��չ��·� [Chinese State Councilor Dai Bingguo: Adhering to the Road of Peaceful Development] / [Text] : �O����, 2010�N12��6��. - Access mode: http://www.gov.cn/ldhd/2010-12/06/content_1760381.htm (by the criteria of per capita income).

In addition, there are 57.9% of migrant rural workers identified themselves as the lower class of society�s����. �����������ܷ�ũ�����ϱ����н���ϣ��������� [60% of Migrant Workers Living in the City Want to Be Part of Society] / [Text] : �V����, 2013�N03��24��. - Access mode: http://news.xinhuanet.com/politics/2013-03/24/c_124495791.htm. That is the root for the social unrest during the time of Hu Jintao Administration, and that is the foundation for further growing level of social instability.

Wage growth, by itself, is clearly not enough to reduce income inequality and improve the lives of ordinary workers in China. In addition to a decent wage, workers need a safe working environment and a social welfare safety net to ensure that their entire life savings are not at risk when they retire, are badly injured or unemployed for a long period of time.

According to the opinion polls organized by the Xinhua, the problem of income inequality (�������z) is always included to the list of most important social issues in opinion of Chinese2015 �S���ȓ_����r�s�� [National Hot Survey Chart 2015] / [Text] : �V���- Access mode: http://news.cn/politics/2015lhdc/index.htm. As we saw, the Government is trying to improve the situation concerning the labor disputes and trying to prevent any kind of civil disobedience act.

Workers now need not only higher wages (obviously, that's not enough to reduce income inequality), they need more privileged working conditions and social guarantees�Wages and Employment� / [Text] : China Labour Bulletin. - Access mode: http://www.clb.org.hk/content/wages-and-employment.

During the time the problem of rural and urban labor force was not solved - now it is one of the main issues of Xi Jinping Administration (the topic will be discussed further in the Chapter III). Anyway, there is a lot cities have already relaxed the relevant legal limitations on rural migration paying attention to the system of social welfare for migrants.

2.3.2 Land Disputes

The next crucial point for the Hu Jintao Administration is the mass incidents triggered by the land issues. According to the statistics, there is about 65%�Society Rural Land Disputes Lead Unrest in China� / [Text] : China Daily, June 11, 2010 - Access mode: http://www.chinadaily.com.cn/china/2010-11/06/content_11511194.htmof the total number of all civil disobedience acts and this number does not have any significant changes during the whole time of Hu-Wen Administration period. As long as the central goal of "Harmonious Society" policy is alleviating of social inequities emerged as a result of China's rapid economic development, there is a number of policy initiatives aimed for stimulation of rural reform and development.

Generally speaking, the land disputes in common have to be divided into two waysG�bel C., Ong L. �Social Unrest in China� / [Text] : Europe China Research and Advise Network, August 2012. - Access mode: http://eeas.europa.eu/china/docs/division_ecran/ecran_social_unrest_in_china_christian_gobel_and_lynette_h_ong_en.pdf- the first one is the violation of the land possession rights and the expropriation of land or property both from the urban and rural population by force. The second issue is the inadequate compensation.

In the first Chapter we already have mentioned the socioeconomic changes implemented after relevant amendments to the Constitution of the People's Republic of China adopted on March 14, 2004. Again, there are fundamental changes in the relevant regulations on land and private property - now there is a compensation for the land and private property expropriated or requisitioned by the State in the public interest and in accordance with law for its use.

From 2004 it is stated that State not only "protects the right of citizens to own lawfully earned income, savings, houses and other lawful property" but also guarantees the inviolability of citizens' lawful private property. State will protect the right to private property and the right of citizens to private property inheritance. Nevertheless, that was the first attempt of Chinese officials to prevent growing level of social unrest, the Constitutional changes practically did not have any real impact in resolving of land disputes.

There are also a number of tax reforms, considered as the first attempt of Hu Administration to prevent the growing level of social unrest. Looking back to the history of China, rural taxation and problems of rural population have been always one of the main reasons for peasants' uprisings and further end of the ruling Chinese dynasty.

During the period of fast economic development from the time of "Reforms & Opening Up" there are no any structural reforms or even legislative acts regulating this sphere of socioeconomic relations. In the 1990s and early 2000s, excessive taxation reemerged in China's countryside. There were not only formal taxes regulated directly by the Central Government but also enormous levies and fees by local governments charged on rural households. Of course, different provinces have different types of taxation pressure. In some regions, peasants' tax burden was as high as 20-30% of their already low incomesLiu, M. �Rural Tax Reform and the Extractive Capacity of Local State in China� / [Text] : Mingxing Liu, Zhigang Xu, Ran Tao, Fubing Su. China Economic Review, Volume 23, Issue 1, March 2012, Pages 190-203 - Access mode: https://www.princeton.edu/~pcglobal/conferences/beijing08/papers/Liu.pdf. That's why one of the reasons for grievance in PRC rural areas by the time before the Hu Administration was the excessive taxation. That was the threat for not only social stability in the form of mass disturbances and violent clashes - that was also a threat for CPC legacy. Farmers tried to save their income and brought their grievances directly to the higher levels of the administration against local officials. At some certain period of time, this issue became so vulnerable even in the highly controlled Chinese society because of the actors involved into the conflict: the central government, the different brunches of Chinese Court, peasants all around China and the pubic media. The inefficiency of these formal channels will be analyzed in the Chapter III, but that was a begging of full-scale reforms of agricultural sector by the central governmentTakeuchi, H. �Tax Reform in Rural China: Revenue, Resistance, and Authoritarian Rule� / [Text] : Cambridge University Press, p. 253, August 2014.. As long as that is not a subject of our investigation, we are not going into details of the so-called "tax-for-fee" reformsStewart, B. �For Whom the Fortune? Assessing Rural Reform in the Hu-Wen Era� / [Text] : Marquette University, November 6, 2011. - Access mode: https://www.academia.edu/1277174/For_Whom_the_Fortune_Assessing_Rural_Reform_in_the_Hu-Wen_Era.

At the same time, we have to emphasize why the tax issue is not the reason for social disturbances.

Hu Jintao is suggested member of the first and the second Youth League factions always identified himself with the "Tuanpai" group (����, Youth League Faction) where over 80 percent have rural backgrounds in opposite to the elitist group of his predecessor Jiang Zemin. The start point of Hu Administration agricultural reforms were the promulgation of the "three-rural��ӽ����l�@³��: ��r�Oũ���④��ũ������� [Hu Jintao Visits Luyu: Resolving of Three Agricultural Problems Will Increase Farmers' Income] / [Text] : �V���, 2003�N12��17�� accessed to http://news.xinhuanet.com/newscenter/2003-12/17/content_1236536.htm" problems (�Oũ����) by Hu Jintao in December 2003 as a factor destabilizing of social harmony. To prevent the socioeconomic crisis in rural area the implementation of these reforms has started: Tax-For-Fee Reform, the abolition of the Agriculture Tax, and Land Reform.

According to the 2005 national survey of rural governance there is systemic data about farmers' monetary burdens. That's the fact, that tax reforms in rural areas by Hu Jintao Administration have indeed alleviated farmers' overall financial burdens - on average, the burdens were cut by more than 50%Liu, M. �Rural Tax Reform and the Extractive Capacity of Local State in China� / [Text] : Mingxing Liu, Zhigang Xu, Ran Tao, Fubing Su. China Economic Review, Volume 23, Issue 1, March 2012, Pages 190-203 - Access mode: https://www.princeton.edu/~pcglobal/conferences/beijing08/papers/Liu.pdf. In spite of the remarkable growth of economic indicators, the corruption of informal institutions of local governments and local farmers has emerged dramatically. Now, that is the key issue for big part of civil disobedience acts in rural areas. Nevertheless, actions triggered by tax issues have practically annihilated. As long as it's not the reason for mass incidents during the time of Hu Jintao Administration, we are not going to emphasize the further development of those reforms. In addition, it is important to say that implementation of these reforms can be considered as a success of Hu-Wen Administration; even some regulations are still neededLam, R. �China: How Can Revenue Reforms Contribute to Inclusive and Sustainable Growth?� / [Text] : W. Raphael Lam, Philippe Wingender. International Monetary Fund, Asia Pacific Department and Fiscal Affairs Department, March 2015. - Access mode: https://www.imf.org/external/pubs/ft/wp/2015/wp1566.pdf.

Many of foreign and domestic political analysts emphasized, President Hu Jintao pays special attention to the land reformFord, P. �China's Land Reform Aims to Revolutionize 750 Million Lives� / [Text] : Christian Science Monitor, 27 October 2008. - Access mode: http://www.csmonitor.com/World/Asia-Pacific/2008/1027/p01s01-woap.html and "improvements in rural living standards a key goal of his administration".

The milestone in the socioeconomic policy in relation to the property relations was the "Resolution of the CCP Central Committee on Some Major Issues in Rural Reform and Development��������?������ũ�����v���W�኱�d������I�r�� [Resolution of the Communist Party of China Central Committee on Some Major Issues in Rural Reform and Development] / [Text] : official version. ���������}�V��, 2008�N10��20��- Access mode: http://baike.baidu.com/view/1933110.htm" passed during the 3d Plenary Session of the 17thCentral Committee of the CCP on October 12, 2008- right in the middle of chronological framework of our research. In such circumstances we can investigate the situation with labor disputes before the Resolution, and at the same time we can analyze the consequences of that.

The content of this Resolution seems very expressive even for the Western political scientists. It describes practically all of the existing land issues, the brief analysis of current rural economy situation and violations of possessions rights and also includes the long list of reforms needed to prevent the slowdown in rural income growth an increasing income gap between rural and urban population.

As long as this Resolution deals with rural population, in also touches upon the liberalization of land use rights. At the same time, it is also concern for all of land owners in China (even that is not a land ownership in the Western understanding), and especially for urban population. The key issue for any process of expropriation both in urban or rural areas is the violation of land use right. The intentional summary of this Resolution written by a senior research fellow at the China Policy Institute Bin WuWu, B. �China's New Blueprint For Rural Reform and Development� / [Text] : Briefing Series, Issue 45, China Policy Institute, University of Nottingham Jubilee Campus, December 2008. - Access mode: https://www.nottingham.ac.uk/cpi/documents/briefings/briefing-45-new-blueprint-for-rural-reform-development.pdf includes the major points in further development of rural economy and land use rights, so we just can evaluate the key cause of all civil disobedience acts in general.

As it's mentioned in the Constitution of PRC, in the public interest and in accordance with law State has have the right to expropriate or requisite the land and private property for its use. In principal, that's the root of all disputes - the institutions represented the State which is involved in this process of expropriation. Speaking of rural population, the local governments, state enterprises and external investors, which are forcing the farmers to transfer the land, use rights. In some cases even the local mafia could be involved in the process of expropriationsWalker, K. �From Covert to Overt: Everyday Peasant Politics in China and the Implications for Transnational Agrarian Movements� / [Text] : Journal of Agrarian Change, no. 8 (2008), p. 462-488..

As for the urban population, the land (and property, in common) can be generally expropriated by the local governments in favor of real estate agencies or private companies. The aim of such kind of local officials' acts is the pretty the same - there is a need for further territorial expansion for the processes of industrialization and urbanization. In urban area there is a growing demand for construction of new business centers and apartment complexes. In rural area, it is an industrial expansion, such as the enlargement of big industrial enterprises and construction of new ones.

What kind of consequences it can lead? The first one is the threat of land takings (See, Table 3). According to the research report�Summary of 2011. 17-Province Survey's Findings� / [Text] : Research Report. Rural Development Institute Landesa, April 26, 2012. - Access mode: http://www.landesa.org/wp-content/uploads/Landesa_China_Survey_Report_2011.pdfof the Rural Development Institute Landesa, the number of land takings in 17 provinces was on the increase during the period of our investigation.

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At the same time, in 2011 there is 24,7%of farmers who were "very satisfied" or "satisfied"; 53,4% farmers were "very dissatisfied" or "dissatisfied" and 21,9% of farmers were "neutral" by the compensation for the expropriated land. That means there are 53,4% farmers do not agree with the local government's policy and can be considered as a base for growing civil disobedience movement. According to the report, there are also 17.8% of land takings cases involved forceful evictions - in fact, these very farmers are the organizers of further mass incidents.

At the same time, it results in farmers' fear to invest more in these lands - there are no any guarantees local officials will not expropriate it in favor of loyal state or even private enterprises. In can also have a negative impact on the effectiveness of productivity, because no one has the long-term development plans.

Another consequence is the surplus of labor force. Above we have already mentioned the problem of rural migrant workers. One of the reasons of rural workers' number increasing is the seizure of land. The logic is simple - there is no land to work for, and the rural labor force has to migrate to the place where the work can be found. As a consequence, it leads to the growing gap between urban and rural population, social welfare benefits, and other negative consequences caused by the system of h�j� (these issues has already mentioned in the paragraph 2.3.1).

To summarize, the violation of the land possession rights and the expropriation of land or property both from the urban and rural population by force as the inadequate compensations are the key issues triggered the social unrest in the sphere of land disputes. The reasons examine why a lot of these disputes did not resolved on the base of official court examination and there is a growing number of civil disobedience acts will be described further in the paragraph "The Model of Dispute Resolution and State Response".

2.3.3 Environmental Disputes

Another issue for growing social unrest is the extremely bad environmental situation all around China. As we already mentioned, there is no enough information covering land and labor disputes. In contrary, it should be noted that acts of civil disobedience on the base of environmental issues have received the most complete coverage of both the Chinese and foreign media.

Further, we are going to enumerate the basic China's environmental issues and analyze the official Government response. The detailed case of environmental dispute is described in Appendix. There is also list of relevant cases described both in mainland Chinese and foreign mass media. The major environmental problems include such issues as air and water pollution, desertification, biodiversity and so-called "cancer villages"Lallanilla, M. �China's Top 6 Environmental Concerns� / [Text] : Live Science web-site, March 15, 2013. - Access mode: http://www.livescience.com/27862-china-environmental-problems.html. At the same time these are the main reasons why people go into strikes.

From 2001 to 2005, the environmental authorities in China received more than 2 530 000 letters and 430 000 visits by 597 000 petitioners�Environmental Science and Technology, Industry and Public Participation� / [Text] : official version. China Internet Information Center, State Council Information Office and the China International Publishing Group in Beijing - Access mode: http://www.china.org.cn/english/MATERIAL/170390.htm.Is there any correlation with the policy of "Harmonious Society"? By no means, because the environmental problems also can expose social inequality in China. In the eyes of malcontent working class, the higher class enjoys benefits from industrial development living in better environmental conditions, while they are dying because of the unbearable environmental situation. The people want social justice, while the political discourse of Hu Administration emphasize that future growth of China most of all is dependent on social stability.

Another groups of society simply found the exhaustion of natural resources they need. This is true for all small cities in China where there is no any work except a local major enterprise which negatively impacts on environment. In such circumstances the only way was just leave such an uninhabitable environment or go to strike. Since 2002, the number of civil disobedience acts caused by environmental problems has grown by 29% every yearJun, M. �How Participation Can Help China's Ailing Environment� / [Text] : China Dialogue, January 31, 2007. - Access mode: https://www.chinadialogue.net/article/show/single/en/733-How-participation-can-help-China-s-ailing-environment.

According to the announcement of Wang Jinnan, an environmental official, more than 410 000 Chinese die because of the pollution each year�Environmental Activists Detained in Hangzhou� / [Text] : Human Rights in China, October 25, 2005. - Access mode: http://www.hrichina.org/en/content/1688. Still, there is a difference between rural and urban population concerning the causes of death and claims of protesters. The main difference can be found in the level of civil responsibility. Population of rural areas is more concerned not about China's worsening environmental situation in general, but about some certain cases and officials' actions. The main reasons include the expansion of existing hazardous industries, opening new plants which do not meet safety standards, and desertification. It should be mentioned that the standards of living in suburban area are already low enough, and any slight change in the environmental situation may indeed lead to irreversible consequences. Without any exaggeration, people do not fight for better living conditions, but for the possibility of survival.

As an example, a group of peasants in a rural area went to court seeking relief from industrial pollution from local factories using a primitive industrial process to reduce copper ore. In these cases, the court did not stop the polluting activities because such an order could "blot out two great mining and manufacturing enterprises, destroy half of the taxable values of a county� and deprive thousands of working people of their homes and livelihood"Wang, A. �Environmental Protection in China: the Role of Law� / [Text] : China Dialogue, February 5, 2007. - Access mode: https://www.chinadialogue.net/article/show/single/en/745-Environmental-protection-in-China-the-role-of-law.

According to statistics, 2/3 of urban residents are breathing seriously polluted air and 1/5 of drinking water sources in major cities are below standard. That is not only a question of the state, but serious problem for society in common. The formation of a civil society in China has not ended to this day. But it should be noted that it was during the administration of Hu Jintao gained a huge impact a large number of non-governmental organizations, there was a set of relevant publications in the media, as well as a caring activist. In contrary to the rural population, the main problem of the Chinese living in cities is undoubtedly the air and water pollution. At the same time there are a lot of mass actions and civil disturbances by the activists who insist of tightening of environmental policy.

The prime cause of environmental issues in China is political plan of "Reforms & Opening Up"-it was the same as for the land disputes and labor conflicts as for the environmental issues. The fast development of Chinese economy was under the total control of the Government which manipulated its rules to the economic benefit and to the detriment of the many socioeconomic spheres including the human's rights, social payments, right of ownership and the nature protection.

From the beginning of "Reform & Opening Up" the state in fact has released a great number of relevant laws and regulations within the framework of solving current environmental problems. However, it should be noticed that in the process of pursuing of high economic performance, indicating the success or failure of a particular region in economic development, local authorities did not establish the appropriate regulatory authorities, or just ignored the enforcement of relevant laws. That time the political situation did not involve the active participation of civil society represented by the media, lawyers, social workers, etc. The acts of civil disobedience in this case are considered to be the only effective method, because the judicial system, as the built-in state institution and its dependent part, also did not allow to effectively solve these problems.

As long as the detailed case of environmental dispute will be described in Appendix, we are going to emphasize the interconnection between civil disobedience acts and the political decision of Chinese officials as response to relevant environmental problems.

First of all, institutional component of the environmental policy should be described. Emphasizing the importance of environmental policy, in March 2003 during the first session of 11thNational People's Congress was adopted the "State Council Reform Plan". According to the Plan, the State Environmental Protection Administration (���ƻ����ۻ��܋�) is replaced by the Ministry of Environmental Protection of the People's Republic of China (�����l�����a�������ۻ���). It means that from that time the Ministry of Environmental ProtectionThe official web-site of Ministry of Environmental Protection http://www.mep.gov.cn/ got more real rights to implement relevant acts and regulations without bureaucratic delay�������: �齨�����������Ӵ󻷾��������Ȼ [Hua Jianmin: the Formation of the Environmental Protection Department Will Help Environment Protection �] / [Text] : �l���, 2008�N03��11��. - Access mode: http://news.sina.com.cn/c/2008-03-11/152315124637.shtml directly under the State Council.

There is no need to specify the relevant laws adopted for the further implementing of efficient environmental policy, but we have to conclude that the work of Hu Administration on environmental disputes was quite effective and full-scale. The initial industrial environmental regime did not involve the society into the process of environmental regulations. The state (and its institutions, such as environmental departments or economic agencies) was the main actor which command and control over the industrial sector. It is interesting, that because of the lack of authority and resources to monitor and enforce industrial environmental compliance. That was one of the reason why the environmental regulations of 1972 (the core environmental law before the 2000) were proved ineffective. The fact is in 2004, there were no environmental monitoring stations and environmental supervision and inspection agencies at the town levelShi, H. �China's Environmental Governance of Rapid Industrialization� / [Text] : Han Shi, Lei Zhang. Environmental Politics, Vol. 15, No. 2, p. 271-292, April 2006. - Access mode: https://www.researchgate.net/publication/40115110_China's_Environmental_Governance_of_Rapid_Industrialisation.During the time of Hu Jintao Administration, the enterprises and civil society finally have been involved in industrial environmental governance with the reorganization of state institutions. The process of reform includes the reorganization of local environmental protection bureau- the growing impact of decentralization had a positive impact on strengthening of industrial environmental monitoring. Another tendency is "greening" of big enterprises in case of effective pollution control.

The State also attracts the market as a tool for further acceleration of environmental policy. For example, China Enterprise Confederation ������ҵ������accessed at cec-ceda.org.cn(������ҵ������) has successfully cooperated with the World Business Council for Sustainable Development. As a result, in 2003 the China Business Council for Sustainable Development �����Ž������W�H��������http://www.cbcsd.org.cn/gycbcsd/(�����Ž������W�H��������) was officially launched as an organization implementing the better performance in environmental management, and coordinating the business stances with regard to critical environmental issues.

In truth, the great achievement of Hu Jintao Administration is that they found the real compromise between all of the actors involve in environment protection. To our opinion, that can be considered as one of a few platforms where the State, the Civil Society and Market can work together on current environmental agenda.

3. Coordination of State and Society

3.1 Social Portrait of Protesters and Evolution of the Claims

Protesters' social portrait is the integrated description of main social, demographic and other characteristics. The social portrait requires the detailed investigation of many different sociological aspects (e.g. the social portrait of protest movement in Russia called "March of Millions" published by Russian Public Opinion Research Center�Social portrait of protest movement �March of Millions� of June 12� [Text] : Russian Public Opinion Research Center. - Access mode: http://wciom.ru/fileadmin/file/reports_conferences/2012/2012-06-27-marsh_mln.pdf). As long as we do not have any reliable data concerning the protest movement analysis, we can simply summarize the claims of protesters. Also, on the base of cases mentioned in Chinese and foreign mass media, we can describe the evident sociological features of protesters.

In contrary to the political protesters movement called "March of Millions" in Russia, the subject of our work is the socioeconomic issues lead to the civil disobedience movement. That is dozens of spontaneous civil disobedience acts. In contrary to the "March of Millions" civil disobedience movement in China also does not have any certain geographical framework. That's not a certain place, it does not have a specified "headquarter" of the movement.

The first of our investigation was analysis of all relevant data we have on this topic both official state statistics and mass media sourcesSee Appendix. As long as, the trigger of civil disobedience movement in China during the Hu Administration period is a set of socioeconomic issues, we are going to emphasize the social and economical peculiarities of protesters. At the same time, we deliberately ignore the political beliefs, any ethnic or religious factors.

As we have already mentioned, the growing level of social unrest does not correlate with the economic growth rates. That's why income level is not the trigger of social unrest. One of the reason that provoked labor conflicts is a growing gap between social classes of poor and rich population - the unfair distribution of wealth the eyes of low-paid working class. Other reasons include the protection of workers' human rights and the growing need of social guarantees. The people involved in labor conflicts are the low-paid workers of extractive industries, hazardous and heavy industries. The absolute majority of protesters are men of 30-50 years old, predominantly without higher education.

The evolution of claims is quite evident. Before the Hu Jintao Administration, the only claim of all of the working class was just the creation of new job opportunities without any special requirements for working conditions or the level of salary. After majority of population finally got the working places and improved their living conditions, they started to think about more guarantees for themselves. At an initial stage, a lot of mass incidents were triggered by the claim of wages regulation. On 2003, Ministry of Labor and Social Security has implemented "Minimum Wage Regulations"Baidu Encyclopedia. Access mode: http://baike.baidu.com/view/24569.htm as response to the society needs.

The next stage is claim for the protection of human rights, which can be divided into two substages that are claim of social guarantees in particular (can be characterized as relationships between state and person) and claim for protection of basic labor rights (relationships between person and employer).

Another important factor of social unrest is land disputes, which is estimated as 65% of the total number of all civil disobedience acts. Although, Hu-Wen Administration enacted a certain number of different acts regulating the rural taxation and liberalization of land use rights, there claims remain the same during the whole period of 2003-2013. The violation of the land possession rights and the expropriation of land or property by force and the inadequate compensation - these issues are solved from the lawmaking point of view, because Hu Administration has introduced all the necessary legal procedures. The fact is this mechanism still is not implemented in reality, and the number of successful case resolutions remains relatively small.

That's the same for the relevant environmental issues - till the rural population fighting for the acceptable living conditions; the urban population becomes more concerned about air and water pollution. That is the main difference, rural population and people living nearby the industrial pollution areas have to deal with results of poor-organized environmental policy, while the civil society now trying to prevent the negative impact of hazardous industries and opening of new plants which do not meet standards of existing environmental policy.

Summarizing all the civil disobedience actions in the socioeconomic sphere we can evaluate some common factors, which to some certain extent can be considered as a positive impact of both official actions and activity of society. First of all, number of lawsuits is continuously growing year by year. There is a certain part of society which does not want to take a part in any act of civil disobedience movement. Thus, the people become more concerned about legal institutions and the legal tools for resolving the existing conflicts. The influence of law and the role of legal institutions become more and more important in Chinese society.

In some cases, it means that there is a growing need for official representative unions and legal advice centers. Society wants to speak with the officials with the help of the people they choose. There is a need to delegate a part of CPC responsibility to the non-governmental organizations - in the sphere of environmental issues we can see that the process of such "rights delegation" has already started. Still, in the sphere of labor relations, for example, state is not ready to set up democratically elected and representative grassroots unions.

Another result of civil disobedience movement in China is a growing level of institutionalizing. Through the whole history of China, the strong bureaucracy is the key instrument to keep the Chinese empire as a united nation, as a state. The so-called Chinese socialism is a relatively new phenomenon which includes absolutely different social, economic and political approaches. That's the socioeconomic sphere of China and its institutions still are under construction. During the period of Hu Jintao Administration, we observed not only amendment of new laws or regulations, but also a set of institutional reforms, establishing of new bureaus, new ministries and even amendments to the Constitution.

A relatively new phenomenon here is an establishing of NGOs in different spheres. There is a tendency for democratization and social responsibility. The task of Government here is to find a balance between interests of State and society in the framework of "Harmonious Society".

3.2 The Model of Dispute Resolution and State Response

An act of civil disobedience can be considered as the last stage of the conflict between person and relevant agent (in this work it can be rather employer, company or even state institution). Before we will discuss the state's responses to social unrest, it's important to describe a certain cases of dispute resolution in China.

During the investigation of nature of civil disobedience movement in China at the time of Hu Jintao Administration, we have analyzed a number of social conflicts on the subject of our work enlisted in the Appendix. So, we will describe in general the official or "normal" way of dispute resolution in China and evaluate the efficiency of this mechanism as a factor provoking the social unrest and further growing number of civil disobedience acts.

According to Randall Peerenboom and He Xin, the main features of socioeconomic cases under investigation, labor disputes, land conflicts and environmental cases in comparison with commercial cases are the followingPeerenboom, R. �Dispute Resolution in China: Patterns, Causes, and Prognosis� / [Text] : Randall Peerenboom, He Xin. The Foundation for Law, Justice and Society in collaboration with The Centre for Socio-Legal Studies, University of Oxford, 2008. - Access mode: http://www.fljs.org/sites/www.fljs.org/files/publications/Peerenboom_He%2520Xin%25231%2523.pdf: less effective resolution, a trend toward dejudicialization, great number of mass suits (the groups of plaintiffs).

The mechanism of dispute resolution is relatively similar in all states. There is a case and plaintiff's complaint and then court examination comes. According to the results of our investigation, as a result of different China research institutions, we can say that there are some trends in dispute resolution in China as well. First of all, a trend toward dejudicialization, as we've already mentioned above includes the implementation of such mechanism as mediation and administrative reconsideration more and more commonly use. The local governments are trying to solve socioeconomic disputes not in the courts but "on the ground". That seems absolutely impossible in the sphere of commercial issues where the efficiency of courts and dispute resolutions is strongly connected with the trust of foreign investors. That is the legal system for the outside world, and the strategy for dispute resolution inside of China significantly differs from the commercial dispute resolution mechanism. As a result, there is practically none of proven dispute resolution cases which could be the base for the legal system in future even there is no case-law practice in China.

While courts or other relevant institutions in China cannot respond to the citizens' demands, there is another feature of Chinese society. As long as there are no institutions could provide citizens with effective mechanism for dispute resolution, Chinese citizens are going to sign petitions, write letters to the CPC bureaus and executive authorities.

Generally, in the frameworks of political course of "Harmonious Society" officials trying to solve such conflicts using the administrative reconsideration, mediation, or public hearings, does not involve the court. The most common measure in all of the issues under our investigation is a reallocation of resources in the form of compensation or social benefits and welfare payments to the plaintiffs. In some cases, the plaintiff may engage NGOs and activist lawyers- in this way, official usually use repressive measures for preventing the growing impact of civil society in the face of these NGOs and lawyersHurst, W. �China's Contentious Pensioners� / [Text] : William Hurst, Kevin J. O'Brien. China Quarterly, No. 170, pp. 345-60, June 2002. - Access mode: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1099442&download=yes.