Chinese Civil Disobedience In 2001-2010

The first part of this paper studied the theory of civil disobey history and current situation, and then set up the empirical investigation foundation of domestic practice by the theory of civil disobedience. The argument between "Draconian Law Illegal","Draconian Law is Also Law" and "Western Natural Law " always implicit the idea of civil disobedience; the modern sense civil disobedience established the theoretical and even institutionalized foundation until Contract Theory become a reality and the establishment of the constitutional system. This paper has a panoramic view of the investigation of modern civil disobedience use the United States as sample, at the same time sort out the relative theories. In this paper, civil disobedience can be broadly divided into two categories:the one is John Rawls’ theory on behalf of the right type civil disobedience, the other is Jugen Haber as’ theory on behalf of the participation type civil disobedience. At the last of the first part make a simple analysis of civil disobedience and Chinese traditional and modern, to convergence the second part, which analysis the domestic cases by civil disobedience theory.The second part analyzed personal type, group type and network type civil disobedience relative cases to study the specific situation of civil disobedience in China. The purpose of this section is drawn civil disobedience’ defects suitable for China or civil disobedience’ style and development direction maybe suitable for China. Personal type civil disobedience cases for example, investigate the start-up of participate type civil disobedience and the modification of laws and regulations through the cases such as Zigong Sun, Chongjin Sun, Fushun Tang, Haitian Zhang; inspected the characteristic of China right type civil disobedience through the cases such as Jingsong Hao, Zhizhu Yang, Chongqing stubborn couple; investigate for expression of the public domain through the cases of Zhongfei Qin and Jincheng Liu. Group type civil disobedience cases for example, investigate the Chinese civil disobedience exchange mechanism and characteristics of the small community through Chongqing taxi strike and Xiamen walk event; investigate the Chinese civil disobedience violence and politics from the Weng’an incident, Menglian event and Shishou event. Network type civil disobedience for example, investigate the role of new media from the Jiugeng Zhou event and hide&seek event; investigate the judicial authority from Yujiao Deng case and Tingsuo Xu case.The third part gets a general overview of the domestic civil disobedience, and brought out the basic conditions for the development of civil disobedience. This paper argues that, overview the examples, typical significance is important than universal significance in current civil disobedience; the general idea is establish a comprehensive legal and constitutionalism is necessary. Finally, summarized the basic conditions for the development of civil disobedience from "active citizenship" and the right to freedom and its limits.