Dear Lawyer Bao: Everyday Problems, Legal Advice, and State Power in China

Ethan Michelson
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引用次数: 2

Abstract

This paper presents findings from a content analysis of all 460 Dear Lawyer Bao (DLB) legal advice columns ever published in its ten-year history (1989-98) in the Beijing Evening News. While much sociolegal research has focused on the exercise of power in the legal process through the control of meaning in verbal, private face-to-face interactions, this paper reveals similar meaning-making processes at play in publicly disseminated writing where the audience is far larger, the potential impact far wider, and the role of the state far greater. Lawyer Bao's popular image as valiant defender of ordinary people in trouble obscured and thus enhanced both the degree to which he was beholden to the state and the effectiveness with which he did the bidding of the state against the interests of the very letter-writers he purported to help. His ultimate allegiance to the state is reflected in two empirical patterns. First, the temporal distribution of problem topics featured in the DLB column corresponds less to shifts in public sentiment or objective popular needs and more to legislation, policy shifts, and political campaigns. Second, whether Lawyer Bao legitimized or delegitimized letter-writers' claims was determined primarily by the extent to which state interests were at stake in the problem at hand. Lawyer Bao tended to delegitimize labor grievances, housing demolition, collective grievances of any kind, and other claims construed as potentially destabilizing or of challenge to state priorities.
亲爱的包律师:中国的日常问题、法律咨询与国家权力
本文通过对《北京晚报》(1989- 1998年)10年来460篇“保律师”法律咨询专栏的内容分析,得出了上述结论。虽然许多社会法律研究都集中在通过口头、私人面对面互动中的意义控制来行使法律程序中的权力,但本文揭示了在公开传播的写作中类似的意义制造过程,其中受众要大得多,潜在影响要广得多,国家的作用要大得多。鲍律师勇敢地为陷入困境的普通民众辩护的大众形象,掩盖了他对国家的感激之情,也增强了他违背那些他声称要帮助的写信者的利益而执行国家命令的有效性。他对国家的终极忠诚反映在两种经验模式中。首先,DLB专栏中出现的问题主题的时间分布与公众情绪或客观大众需求的变化相对应的较少,而更多地与立法、政策变化和政治运动相对应。其次,包律师是否承认或否认写信人的主张主要取决于国家利益在多大程度上受到当前问题的威胁。鲍律师倾向于将劳工申诉、房屋拆迁、任何形式的集体申诉以及其他被认为可能破坏稳定或挑战国家优先事项的索赔视为非法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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