This article interrogates the main events in procuratorial development from 1949 to 1961. Its aim is to better understand the procuracy during the Maoist era by reframing debates about its development along a spectrum: from primarily internal debates that challenged the development of the institution to external debates that challenged the role of the institution. These two dimensions also clarify how the procuracy reflected the politics of the time, especially issues of state construction and building legal knowledge, both within the state and among the “people.” The article shows that “internal” debates stemmed from the largely elite-centered and technocratic concerns of internal organization; “external” debates connected, instead, to broader concerns about the socialist legal project and the procuracy’s place in it. Reframing the institution’s history in this way enables us to understand the concepts and issues shaping the procuracy that crossed “period” boundaries and how responses to those challenges changed over time. Internal limitations (due to lack of resources) and external challenges (to develop flexible methods for accomplishing institutional goals while appearing to serve national objectives) are entwined, making the procuracy from 1949 to 1961 a site of tension between law and policy as well as a locus of contestation about the role of law in Maoist China.
The Chinese Communist Party's (CCP) ideology, rooted in its foundational struggles, explicitly denounces “bureaucratism” (guanliaozhuyi) as an intrinsic ailment of bureaucracy. Yet while the revolutionary Party has blasted bureaucratism, its revolutionary regime has had to find a way to coexist with bureaucracy, which is a requisite for effective governance. An anti-bureaucratic ghost thus dwells in the machinery of China's bureaucratic state. We analyse the CCP's anti-bureaucratism through two steps. First, we perform a historical analysis of the Party's anti-bureaucratic ideology, teasing out its substance and emphasizing its roots in and departures from European Marxism and Leninism. Second, we trace both the continuity and evolution in the Party's anti-bureaucratic rhetoric, taking an interactive approach that combines close reading with computational analysis of the entire corpus of the People's Daily (1947–2020). We find striking endurance as well as subtle shifts in the substance of the CCP's anti-bureaucratic ideology. We show that bureaucratism is an umbrella term that expresses the revolutionary Party's anxiety about losing its popular legitimacy. Yet the substance of the Party's concern evolved from commandism and revisionism under Mao, to corruption and formalism during reform. The Party's ongoing critiques of bureaucratism and formalism unfold in parallel fashion with its efforts to standardize, regularize and institutionalize the state.
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