Study On Mass Events In China During The Transformation Period

Mass Events is a severe and complex topic that keeps tormenting and distressing officials, savants and scholars of contemporary China. The frequent occurrence of such group incidents reveals a historical outcome closely related to the current process of social transformation, economic reformation and restruction of social pattern. Additionally, the public awaking of consciousness about citizen's rights also catalyzes the reaction. Academic researches, media reports and governmental attitudes all demonstrate that Mass Events has become one of the major issues affecting the Chinese society. Therefore not only of theoretical value, studies on the issue of Mass Events are of profound practical significance as well.Since Mass Events is a complex social issue concerning politics, economics, culture and many other social spheres, its studies should not be limited to any single subject. Legal sociological studies focus on understanding society from legal perspective and interpreting law in the society. Such a compatible method undoubtedly opens broader horizon of researches. This pare will Explore laws regulating Mass Event in contemporary China from a legal sociological point of view, analyze intrinsic mechanism , social roots, outline the skeleton Mass Events, summaries the mechanism of occurrence during transferring period, and examine the tension between government and its citizens. Studying possible alternatives of Mass Events could enrich the theories controlling Mass Event, and moreover could enhance the ability of settling problems with the help of legal sociology.Because of the difference in methodology, sociologists attempt to interpret all social phenomenon and process, whereas, legal studies require specific system, composition, which means to learn and evaluate specific social conflicts based on decided social orders. Therefore,from a sociological point of view, the nature of group events is the collective representation of social conflicts. Fully exploration of the sociological nature of Mass Event can help to resolve social conflicts. Even within a socialist state, there ate still social conflicts; conflicts per se are not horrible, the ultimate aim of a harmonious society is to reduce and resolve conflicts. The key question lies on how to solve the problems within the system. The effects of Mass Event are both positive and negative, it should not be demonized. While in law, Mass Events is a self-help remedy of interest groups. This is out of the scope of judicial remedies, but is manifestation of private relief. Although the relief of Mass Event is different from remedies of individuals, however as to the motive and purpose, to defend rights, interest group act in the form of assemblies, marches and sometimes demonstrations against governments. These are to make social impact and draw attention of the government and high-position officials, in order to press them to compromise. Such aim of the same nature as private reliefs, therefore, Mass Event can be labeled as one manifestation of private reliefs. Such type of relief is out of the scope of judicial remedies. Since to protect rights, promote justice and the felling of right mildness support private reliefs, there is legitimacy of the existence of such reliefs hovering around the margin of law. Although these private reliefs out of judicial sphere have always been discriminated as disharmonious notes against the rule of law, these two teams are in reality run no counter to each other. Based on this sense, in some circumstances there are justifications of Mass Events. In the contemporary legal system, the attitude towards Mass Events should be to against violent group events, widen and broaden public law remedies, and to incorporate private reliefs out of law into the legal system.On the issue of how to embrace Mass Events into the scope of the system, theories and practice of western countries provide us with enlightenments. Western countries historically have been paying more attention to protect private rights of citizens, therefore, they adopt a more tolerant mechanism to deal with such group events, hence a more comprehensive system of social welfare, reasonable communication channels, plural social control mechanism, normative but flexible settlement methods and so on and so forth. These pieces as a whole constitute a comprehensive system of prevention and control regarding Mass Events. However, we can by no means transplant western theories and practice directly to the Chinese soil. We have to carefully consider and anywise the specific circumstance and create a Mass Event settlement model of based on Chinese elements. Since the establishment of New China, our Party and government have experienced four stages, namely tentative exploration, devious development, continuous research, and innovative development. Accordingly, the corresponding theories also developed from internal contradictions among the public, class struggle, stability and solidarity to a harmonious ideology. Moreover, the settlement method has been transferred form pervading, antagonizing, oppressing to a pluralist settlement mechanism. These changes and developments demonstrate government's continuing deepening acknowledgement of Mass Events. Nonetheless, there is still a problem that citizens are treated as objects of settlements and the main focus is around political treatments. There has not yet been a settlement mechanism based on legal norms and the settlement methods appear to be too easy, unitary and reckless.To build up a Mass Event settlement model of Chinese characters, it is important to analyze in depth the intrinsic mechanism and its derivative sources. Mass Events are a complicated social phenomenon, and its intrinsic mechanism inevitably includes there stages. As to participation, scattered individuals should form a group with a common basis. As to the process, individual actions have to be transferred to collective action under the influence of certain factors. When choosing means of action, almost all the participants will first utilize legitimate means under the state system and leave violence as the final option. Therefore, whether in the course of process or means choosing, participants in group events is an important object of study. In terms of participants, there is a trend of diversity and pluralism. As to rights and duties of the participants, the majority of those participants are vulnerable groups in mass interest articulation and implementation of social resource distribution mechanism. Awareness of social exploitation largely disequilibrate psychological equilibrium of less advantaged people, feeding snacks in the grass. Antagonistic psychology, conformist mentality and the notion that law does not punish group psychology are essential elements for participants to form groups. Being a reasonable man, participants in Mass Events always carefully balance the costs and benefits in behavior selection.Although damage to the interests of participants of mass incidents is the intrinsic motivation, Mass Events also have profound social, political, economic, cultural, and legal extrinsic causes. Consequences of social transformation are the roots of Mass Events, such as social anomie, descent of social control, the rigidity of social class and so forth. The plight of public political participation, the dissimilation and weakening of government power represent the political causes of Mass Events. The imbalance of economic structure, as a consequence of polarization between the rich and the poor, exhibits the economic reason. With regard to culture, conflicts between traditional culture and modern thoughts also contribute to the rising of Mass Events. As far as the law is concerned, loopholes and anomie of the legal system and the lack of availability and effectiveness in judicial remedies constitute the legal roots of Mass Events.Beck's risk society theory tells us that the risk has become unavoidable and uncircumvented for human beings in the contemporary society. Mass Events are an important form of risk, therefore, to explore a more scientific and feasible control mechanism has become a most pressing task of academics and practitioners in this area. Based on the analysis above, this paper suggest that to establish a system of prevention and control, it is imperative to convert the mode of thinking from philosophy of struggling towards philosophy of harmony, to ameliorate the tension between group participants and the government from contradiction to interaction, to change the control mechanism from political control to a more pluralistic system based on the rule of law, and to turn the treatment strategy from post-event control into comprehensive management. To prevent Mass Events at macro level, it is necessary to establish a sound regulatory mechanism, interest articulation technique, social communication system, resentfulness disclosure measures, and a plural dispute settlement mechanism. Moreover, it is also essential to strengthen and build political regimes of basic units and improve social management. There should be a comprehensive and scientific warning system, rational and reasonable handling strategy and appropriate post management methods to eradicate future mass incidents.