Institutionalizing Social Norms and Legal Culture: Social Dynamics under Legal Awareness Policy in Contemporary China

Abstract

This paper examines China's policies on legal awareness in mid-2021. It brings into focus the social dynamics of the continuous institutionalization of social norms that are shaping the legal culture in China. It is argued that the discovery of legal culture outweighed the sociocultural imaginations of orders by the institutionalization of social norms. On the utilization of laws, it shows that the utilization of the laws is the direct result of the psychological expectation in seeking Justice via the laws-i.e. the narrower the gap between law-on-the-book and law-in-action, the higher incentives the Chinese citizens resorting disputes to the laws. On enhancing the obedience of the laws, it shows that a powerful discourse would be engineered with the external ideological environment/social norms (values, beliefs, and Zeitgeist of the contemporary Chinese society) such as the political atmosphere of "anti-corruption", "security", and "safety" and the recall of the pure socialist spirit.

Are People in Chinese Rural Areas Conscious of the Law, and What Are the Impacts?

“…Additionally, volunteers might utilise newspapers, flyers, and TV advertisements for distribution if they are unable to reach the community easily. However, some people in China's rural areas are now aware of the legislation [14], but they frequently downplay its significance, as in the case of the Cai family that has been previously described. Thus, the judiciary should firmly uphold the law, adjudicate each case harshly and seriously, as well as get rid of corruption and bribery.…”

“…Finding a lawyer is perceived by many as being difficult and expensive. According to a report, most farmers who meet problems opt to resolve them informally, through village cadres, or through family negotiations, with just 10% opting to file a lawsuit [14]. Thus, as it takes much time, money and effort to make a basic appeal, rural people, particularly the elderly, might not be able to cover this cost and spend the time.…”

“…In addition, only 30% of farmers are sure that following the law is an intrinsic obligation of the law for citizens, and the former is a negative law-abiding occurrence [14]. More than half of them believe that they follow the law because they are frightened of legal penalties or problems [14]. In other words, they obey the law only due to their fear of legal punishments.…”

“…Additionally, it is critical to undermining the public's perception of pricey and intrusive appeal. In China, property cases, according to the amount or value of the claim does not exceed 10,000 yuan (1,158 pounds), each paid at 50 yuan (5.8 pounds); more than 10,000 yuan (1,158 pounds) to 100,000 yuan (11,580 pounds), according to 2.5 per cent; more than 100,000 yuan (11,580 pounds) to 200,000 yuan (23,160 pounds), according to 2 per cent payment [14]. Although rural residents' average yearly disposable income after 2021 will be more than 2,192 pounds, most individuals will still be able to pay minimal court costs [14].…”

“…In this case, legal assistance in China might help to resolve the issue in a major part. Legal aid is a term used to describe a system of legal protection, whereby legal aid attorneys are organised by government-established legal aid agencies or non-government-established law firms to offer free legal services to people with special needs or financial difficulties, particularly in rural areas [14]. Thus, by sending a small group of attorneys to the countryside once a year, the government may encourage more legal firms to uphold their social duties and serve the public good.…”