RESOLVING SOCIAL CONFLICTS AND GOVERNING SOCIETY BASED ON THE RULE OF LAW AND SOCIALIST CENTRALIZATION IN CHINA – LESSON FOR VIETNAM

ABSTRACT

Conflicts are inevitable in societies, so the primary task of every State is to solve them and govern society so that the country is strong, prosperous, just, democratic, and civilized. In recent decades, the Chinese Communist Party (CCP) has led the people to achieve miraculous achievements and helped China stand in a leading position worldwide. The main reasons are conflict resolution and social governance based on the rule of law and the unification of power (centralization). This article focuses on showing the experience in social conflict resolution and social governance based on the principle of the rule of law and centralization of China analyzing the lessons for Vietnam in the context of great changes in the world and the region.

АННОТАЦИЯ

Конфликты в обществах неизбежны, поэтому первостепенной задачей каждого государства является их разрешение и управление обществом таким образом, чтобы страна была сильной, процветающей, справедливой, демократической и цивилизованной. В последние десятилетия Коммунистическая партия Китая (КПК) привела народ к невероятным достижениям и помогла Китаю занять лидирующие позиции во всем мире. Основными причинами являются разрешение конфликтов и социальное управление, основанное на верховенстве закона и объединении власти (централизации). Данная статья посвящена опыту разрешения социальных конфликтов и социального управления, основанного на принципе верховенства закона и централизации Китая, анализируя полученные уроки для Вьетнама в контексте больших изменений в мире и регионе.

Keywords: society, socio-economic policy, China, Vietnam, social conflict, social administration

Ключевые слова: общество, социально-экономическая политика, Китай, Вьетнам, социальный конфликт, социальное управление

Introduction

Conflicts are inevitable in societies, so the primary task of every State is to solve them and govern society so that the country is strong, prosperous, just, democratic, and civilized. The basic mechanisms for conflict resolution and social governance include the rule of law, decentralization, and centralization (unification of power) expressed through a Party’s leadership and grip on power. Since the State was born, our Party has consistently followed the socialist centralized regime (Constitution in 1946). However, besides outstanding achievements in social governance, we have faced many complex problems, such as bureaucratic disease, corruption, and group interests. In recent decades, the Chinese Communist Party (CCP) has led the people to achieve miraculous achievements and helped China stand in a leading position worldwide. The main reasons are conflict resolution and social governance based on the rule of law and the unification of power (centralization). Therefore, it is crucial and urgent to research and learn about the experience of the Chinese Communist Party in this respect.

1. Experience in social conflict resolution and social governance based on the principle of the rule of law and centralization of China

According to China’s point of view, the Government is facing many difficulties in unifying and ensuring national sovereignty and security, maintaining interests in diplomacy, as well as ensuring national defense and security, politics, and social stability. The annual budget for ensuring social order is larger than the budget for defense. Therefore, China attaches great importance to making legal documents, policies, and laws of the state together with guiding documents related to national security, planning and implementing strategies for ensuring national security, as well as researching and proposing solutions to the main problems in national security affairs. Along with focusing on the issue of ensuring social security, China affirms that sovereignty over territorial borders plays a vital part in ensuring social order and discipline. The policies of the Chinese Communist Party are a state for the people and to take the people as the goal in all matters of national security. Therefore, national security and social order are placed in an integral and inseparable relationship.

After the reform and opening-up, especially in the first two decades of the 21^st century and after the 19^th National Congress, China has achieved many achievements in ensuring social discipline. After dealing with security issues, China has accumulated many valuable lessons and experiences, creating both opportunities and challenges and affecting neighboring countries.

As the most populous country in the world, ensuring a stable people’s life is extremely vital and a prerequisite for political stability in China. Therefore, Chinese leaders have made great efforts and always consider the issue of improving people’s lives a central political task. In addition to the attainments, social governance in China is facing many challenges, which have not been resolved or resolved thoroughly, especially the following issues.

Firstly, there are social inequality and a wide gap between rich and poor, especially in income distribution and social security.

Unreasonable income distribution has widened the gap between rich and poor in China. According to the Financial Times - UK, China is the country with the largest income gap in the world. The wealthiest 1% of Chinese people own up to a third of the country’s wealth, and the poorest 25% of the population hold only 1% of the country’s assets. China is in the group of 10% of countries with the highest Gini coefficient (a statistical measure of economic inequality in a population) in the world. The large income disparity makes people frustrated about the government’s approach to the domestic situation and the role of balancing interests, increasing tensions in all classes.

Inequality is also reflected in social security, investment, and compensation between urban and rural areas. For example, the old-age insurance scheme has a marked difference in benefits. People working in state agencies receive a monthly pension of 2,000 to 3,000 yuan, while non-state workers receive over 1,000 yuan. And people over 60 in rural areas receive only 200 yuan [3, p. 17]. In addition, health insurance has a disparity in remuneration, especially in the list of medical examinations and treatment, the list of drugs, and the reimbursement rate of medical examination and treatment fees. Therefore, there is also a big imparity in the level of health insurance payment per capita between public employees and people in rural areas. Increasing inequality is one of the leading causes of enlarging internal instability in China.

Secondly, social conflicts are becoming more and more acute, and mass events have new characteristics.

Many studies have shown that China is currently in a period of social contradictions. Moreover, social conflicts will become more and more complicated if China conducts reform and opens up. Urbanization, the transformation of social development modes, and social models have more or less affected people’s lives in both cities and rural areas. The main social conflicts are between labor and wages, civil and commercial, loans and debts, rich and poor, leaders and people, doctors and patients, and workers in new and old professions.

It is worth noting that mass events that used to happen in the Western region have spread to the Eastern region with a longer duration and larger scale. According to many studies, features of China’s ethnic conflicts and social unrest in recent years are that the South of China has been distinguished by economic conflicts and competition for land, forests, and resources. And in the North, in addition to economic conflicts, ethnic conflicts are also related to customs and beliefs.

Faced with many serious social problems affecting people’s quality of life, the Chinese government has introduced a number of essential solutions to ensure social order through social reform to promote the development of people’s tolerance. Tolerance is reflected in the idea of a “harmonious society,” and “development for mutual enjoyment” is considered the core ideology. Basically, China focuses on ensuring social stability in three main aspects: improving people’s livelihood, ensuring social security, and reinforcing social governance.

In terms of the strategy of strengthening and renewing social governance, from the 12^th Five-Year Plan in 2011 to the 13^th Five-Year Plan in 2016, China had a significant change in its perception of social management, shifting from social management to social governance. Previously, social control was carried out in one direction, from the central level to the local level and the people. It meant that the management subjects were the State and the Government, and the provisions of the law were applied to manage. Localities and people implement plans, policies, and targets set by the central government, which is imperative, so the independence and autonomy of the local government and the people are very low. There is little criticism when there are conflicts with the management mechanism of the central government. Since holding the highest position in China, Xi Jinping has cherished the concept of social governance formed from his “ideal” view of social management. According to him, managing society requires a combination of service and people management. Management includes serving, and serving also contains management. Social management is mainly about serving, managing people, and doing mass work [2, p. 19]. People were passively under the management of government at all levels and had little negative reactions (like protests) despite disagreeing with the State’s management mechanism.

The concept of social governance is cherished and formed from Xi Jinping’s view of “ideal” social management. He believes that social management needs a combination of serving and managing people. Management consists of service, and service includes management. Social management is mainly about serving and managing people and doing work related to the masses [2, p. 19].

In the Third Plenary Session of the 18^th Central Committee of the Communist Party of China on November 12, 2013, the term “social governance” officially replaced “social management,” marking a turning point in the reform of the social management regime in the direction of social governance. Therefore, the main task at this time was to focus on improving the method of social administration, reviving the vitality of social institutions, renovating preventive institutions, effectively resolving social conflicts, and strengthening the public security system. Until the 13th Five-Year Plan, the task of social governance was robust and drastic.

Accordingly, China determined that it had to boost the social governance system, specifically perfecting the institution of social governance led by the Party Committee, directed by the Government, joined by the people, and guaranteed the rule of law, creating a reciprocal relationship between the management of the Government, the regulation of society, and the autonomy of the residents [7]. On that basis, the 13^th Five-Year Plan implemented the content of “social governance” with specific policies, including raising service functions in residential areas, upgrading the capacity and management level of the Government, promoting the effects of social organizations, intensifying the self-regulating function of society, perfecting the people’s participation mechanism, and enhancing the mechanism to ensure interests and handle conflicts.

The significant changes and determination of the Chinese Government were shown when it determined the direction of social governance compared to the time of the Third Plenary Session of the 18^th Central Committee. China no longer managed society in the direction of governance, but it clearly defined governance as an official measure to control society. The subject of governance was the State. The Government and society together put into practice under the common perception of the community.

In addition, China is building and fulfilling a mechanism to resolve social conflicts and considering ensuring people’s livelihood the course. The Third Plenary Session of the 18th Central Committee of the Communist Party of China stated that when reforming social governance, it was needful to focus on protecting the fundamental interests of the majority of the people. The arising of all kinds of social conflicts was related to the interests of the masses, so it was necessary to build and effectively operate a mechanism to resolve social conflicts and ensure people’s livelihood. In particular, special attention should be paid to strengthening the risk assessment mechanism and social stability of important decisions. In 2012, the Office of CCP Central Committee and State Council Office issued the “Guidance on building and consolidating the risk assessment mechanism and social stability of important decisions (Temporary execution).” Important decisions were directly related to the people’s interests, including land requisition, reform of the state-owned enterprise regime, environment, social security, and non-business units. On the other hand, the public security system has been gradually ameliorated, effectively preventing social risks. In 2014, some provinces, cities, and autonomous regions in China began to establish the most stringent monitoring and management system for the entire process of food and pharmaceutical production, as well as develop a model that could be traced back to food production establishments and a system for assessing quality criteria, ensuring food and pharmaceutical safety. Ministry of Agriculture and Rural Affairs of China decided to take 2014 as the year of management and supervision of agricultural product quality and safety nationwide and started to implement 8 aspects, such as promoting a management regime that could be proven and traceable to the place of production, ensuring “safety first.” The Law on Production Safety was reviewed and approved by the Standing Committee of the National People’s Congress and started to be implemented on December 1, 2014. The newly revised “Law on Production Safety” emphasized the subject’s responsibility in the management and supervision of production safety and obligations of production business units and uplifted the penalties for violations of the Law.

Thirdly, China governs Hong Kong’s affairs according to the principle of “one country with two systems.”

On the occasion of the 25^th anniversary of Hong Kong’s return to Mainland China and the inaugural ceremony of the sixth-term government of the Hong Kong Special Administrative Region, President Xi Jinping recalled the 25-year journey of applying the model of “one country, two systems” in this territory and highlighted the achievements, experiences, and lessons learned from in the development of Hong Kong.

He said: “It needn’t change such a good regime, but apply it for the long term.” At the same time, he affirmed that he would fully support Hong Kong in maintaining its particular advantage. The basic principle of “one country, two systems” is to protect national sovereignty, security, and development interests and maintain the long-term prosperity and stability of Hong Kong and Macao. On that basis, these two territories will retain the capitalist regime that has existed for a long time and enjoy a high degree of autonomy. However, President Xi Jinping requested to adhere to the unification between the comprehensive control of the central government and the guarantee of a high degree of independence of the special administrative region. He said: “The socialist system is the basic system of the People’s Republic of China. The leadership of the Communist Party of China is the defining feature of socialism with Chinese characteristics. All residents of the special administrative region should voluntarily respect and protect the basic system of the country.” He also stressed that “governance by patriots of Hong Kong” had to be carried out. He supposed that the territory “could not fall into chaos” and that the development of this special zone should not continue to be delayed. The renaissance of the Chinese nation has entered an irreversible historical process. Promoting the successful implementation of “one country, two systems” in Hong Kong plays a prominent part in this process [6].

The Chinese president emphasized that Hong Kong was in a new phase, moving from chaos to governance and towards prosperity. The next five years would be a “key period” for Hong Kong to open up a new situation and make new strides. He presented four expectations for this territory as well as the new government of Chief Executive Mr. Ly Gia Sieu, including focusing on improving governance, constantly enhancing development motivation, effectively solving the people’s problems, and maintaining harmony and stability.

The idea of “one country, two systems” has been proposed since the time of Deng Xiaoping. And the area that Deng Xiaoping aimed for was Taiwan, not Hong Kong or Macao. While Hong Kong and Macao have returned to the mainland, Taiwan has not joined China and has separated for 70 years since the civil war. Currently, China has difficulty in handling the risks leading to social unrest in Inner Mongolia, Xinjiang, and Tibet.

Thus, the flexible change in China’s guidelines and policies, such as policies for Hong Kong, has targeted unresolved issues in the current Chinese society. Basically, these policies will partly solve the “love the people” policy and improve the quality of life, creating a harmonious environment among regions and maintaining a stable society. However, these solutions are too difficult to implement effectively because China faces many problems with unification, governance policy, and territorial boundaries.

Faced with the challenges of the new context and increasingly complex social contradictions and instability, the 20^th National Congress of the Chinese Communist Party in October 2022 made many momentous resolutions, including a view of social governance based on the principle of power unification. According to the Chinese Communist Party, the Party managed the country under the law comprehensively and promoted the construction of China under the rule of law.

The governance of the country based on the principle of the rule of law and centralization is considered a profound revolution in the process of managing the country. That is related to the Party’s ruling the country and making it prosper, the peaceful and happy life of the people, and the long-term stability of the Party and State. Therefore, China determines that it is indispensable to develop the role of the rule of law in reinforcing the foundation as well as stabilizing expectations and long-term interests to build a comprehensively modernized socialist State under the rule of law. In addition, it is paramount to persistently follow the path of the socialist rule of law with Chinese characteristics, build a socialist rule of law system with Chinese characteristics, and form a socialist rule of law state. This state is responsible for ensuring and promoting justice in society and encouraging the country’s governance, ruling, and administrative management under the law. Next is to persevere in building a rule-of-law state, rule-of-law government, and rule-of-law society. Finally, it is needful to comprehensively push for scientific legislation, strict law enforcement, fair judiciary, law-abiding by all people, and boost the rule of law in all aspects of the state.

According to China’s point of view, the governance of the country is based on the principle of the rule of law and centralization, which is reflected in the following basic aspects [1]:

The first is perfecting the socialist legal system with Chinese characteristics and taking the Constitution as the core.

China believes that to persist in managing the country according to the law, it must first continue governing the country under the Constitution. If China wants to stay in ruling according to the law, it must first persist in ruling following the Constitution, being firm about the leadership position of the Communist Party of China as defined by the Constitution, and in honor of the people’s democratic dictatorship and the regime of the people’s congress as defined in the Constitution. In addition, it is crucial to increase the application and supervision of the Constitution, strengthen the system and regime to ensure its all-around performance, promote the Constitution’s important role in managing the country, and protect the Constitution’s authority. Moreover, legislation should be expanded in key areas, emerging sectors, and fields with foreign elements. Comprehensively planning and maximizing the domestic rule of law and the one related to foreign countries, advancing development, and ensuring effective state management by a comprehensive legal system are significant tasks. Next, it is obligatory to actuate scientific legislation, democratic legislation, and legislation by law, make an overall plan for the formulation, amendment, abolition, interpretation, and drafting of legislation, and enhance the systematicity, integrity, harmony, and timeliness of legislation. Completing and increasing the documentation and verification mechanism are also needed. Finally, it is needful to persist in scientific decisions, democratic decisions, and law-driven decisions and comprehensively implement mechanisms and order when making important decisions.

The second is to promote administrative management according to the law.

The Communist Party of China has identified that the critical task of country management based on the principle of unification of power is to form a rule of law government. To carry out that task, it is crucial to accelerate the transformation of the government’s functions, optimize the system of responsibilities and the organizational structure of the government, legalize structures, functions, powers, procedures, and responsibilities, and improve the efficiency and reliability of administrative management. The next step is to increase the reform of non-business units as well as law enforcement institutions and comprehensively prompt law enforcement in a strict, normative, fair, and civilized manner. Furthermore, raising law enforcement in critical areas related to the people’s interests, perfecting the order in law enforcement, and improving basic standards in administrative jurisdiction are urgent works. The most important thing is to motivate the building of supervision mechanisms and capacity in law enforcement and strictly fulfill the mechanism of accountability in law enforcement. Finally, it’s to complete the institutions and mechanisms of law enforcement at the grassroots level.

The third is about the fair and strict judiciary.

According to China’s interpretation, a fair judiciary is the last line of defense to protect society’s justice. To perfect this, the government needs to synchronously and comprehensively reform the judicial institutions, fully and accurately carry out the accountability mechanism in the judiciary, accelerate the construction of a just, highly efficient, and powerful socialist judicial system, and try to make people feel justice from each judicial case. In addition, it is advisable to regulate the operation of judicial power and consolidate institutions and mechanisms for coordination and mutual restraint among public security agencies, procuracies, adjudication agencies, and administrative and judicial management agencies. Finally, it is indispensable to limit and supervise judicial activities, promote judicial justice, strengthen the legal supervision of the prosecutor’s office, and upgrade the public-interest procedural mechanism.

The last is to foster the construction of a rule-of-law society and unify China.

China has affirmed that executing a rule of law society is the foundation for building a rule of law state. It is important to increase the spirit of the socialist rule of law, inherit the elite traditional Chinese legal culture, and lead the entire people to make them respect, voluntarily comply, and be staunch defenders of the socialist rule of law. In addition, developing a modern public legal service system in urban and rural areas, actively propagating and educating the rule of law, and the concept of the rule of law for the entire population also play a principal role. Next, it’s to intensify the management according to the law in a multi-layered and multi-faceted manner and improve the legalization of social governance. Finally, it’s to boost cadres’ leading role and example and make respecting, learning, complying, and applying the law popular in society.

2. Lessons for Vietnam in the context of great changes in the world and the region

Currently, the world and the region are undergoing rapid, complex, and unpredictable changes, creating opportunities and bringing many risks and challenges for all countries and fields. China’s experience in social conflict resolution and governance based on the rule of law and centralization will be a valuable lesson for Vietnam in developing its development strategies.

Vietnamese society is going through significant changes in structure, migration, urbanization, climate change, natural disasters, global pandemics, etc. That unstable environment changes society’s nature and form and threatens social order. Moreover, Vietnam’s opening up and international integration process requires policies and laws related to reform in all aspects, such as politics, economy, culture, society, environmental protection, disaster response, climate change, and epidemics. All of them need leadership and centralized rule of the Party.

Meanwhile, the enemies have taken advantage of Vietnam’s integration to incite the people to demand democracy, human rights, and religious freedom, aiming at causing political instability, leading to inciting riots and overthrowing the regime. It can be seen that Vietnam’s national security, social order and safety, and development are facing many big problems on both macro and micro scales.

The analysis of China’s success and limitations in dealing with conflicts, social unrest, and social governance based on the rule of law and centralization helps the author draw some experiences for Vietnam in the process of development, striving to realize the goals of making Vietnam a strong country with rich people, democracy, equality, and civilization.

Firstly, it’s vital to make an effort to achieve the primary goals of improving people’s quality of life and ensuring fundamental interests and minimum needs of the people such as standard of living, food, health care, education, employment, housing, living environment, and basic human rights.

Secondly, increasing Party building and rectification, as well as preventing and reducing the deterioration in political ideology, morality, lifestyle, and expression of “self-evolution and self-transformation” of Party members, is a crucial task. Besides, it is significant to focus on establishing a team of cadres, especially those at the strategic level, so that they are capable, qualified, and reputable to perform their tasks.

Thirdly, we shall build and organize a lean and efficient state apparatus, step up the fight against corruption, wastefulness, and bureaucracy, adhere to the shared goal of preventing and reducing corruption, and gradually eliminate opportunities and conditions for raising corruption. These contribute to building a solid and efficient state apparatus, help cadres and civil servants with integrity, make social relations clear through the synchronous implementation of solutions to prevent, detect, and handle corruption, reinforce the trust of the people and the international community, and promote socio-economic development.

Fourthly, it’s to develop a socialist rule-of-law state in Vietnam and complete a legal corridor so that each citizen’s interests are guaranteed according to the law. It’s principal to propagate the law widely to all citizens living in Vietnam so that they understand their rights and obligations in building a socialist rule of law state.

Fifthly, it is momentous to attract and uphold all resources and creativity of the people. The State needs to take care of and improve the material and spiritual life, solve urgent problems well, advance social development management, ensure human and social security, enhance social welfare, and end hunger and reduce poverty sustainably. Moreover, promoting the people’s mastery and the strength of national unity also plays an important role.

Sixthly, it is mandatory to firmly and persistently fight to protect Fatherland’s independence, sovereignty, unity, and territorial integrity. We must maintain a peaceful and stable environment for the country’s development, ensure national security, and sustain social order and safety in all situations timely.

Seventhly, we should encourage socialist democracy and ensure that all state power belongs to the people. However, democracy must be thoughtfully applied in all areas of social life. It must be provided that people are involved at all stages of the decision-making process regarding their interests and lives.

To do that, it is essential to institutionalize and improve the quality of the forms of direct democracy and representative democracy. Next, it is to make the legal system better, respect, ensure, and protect human rights, as well as the rights and obligations of citizens under the Constitution (in 2013). In addition, we should continue to follow the Regulation on democracy, institutionalize and perform the mechanism: “The Party’s leadership, the State’s management, and the people’s mastery,” as well as the slogan: “People know - people discuss - people do - people monitor.”

Exhorting democracy must go hand in hand with strengthening socialist legislation, upholding the responsibility of citizens, and maintaining discipline and social morality. It is necessary to criticize the manifestations of extreme democracy and formal democracy. Moreover, acts of taking advantage of democracy to cause political insecurity or disorder and harm social safety, and those that violate the people’s democratic rights and mastery must be strictly handled, especially at the grassroots level.

After 30 years of Doi Moi, our Party assessed: “The Party and State continue to promulgate many guidelines, policies, and laws to promote socialist democracy and ensure the exercise of the people’s right to mastery” [4, p. 166]. In addition, our Party and State have also proposed many guidelines and measures to increase the proactive role of the people and accelerate the process of social democratization. As a result, “the sense of rights and obligations of citizens, the capacity to master, and participation in social management of the people, and the sense of democracy in the society have been raised. Implementing the Regulation on democracy at grassroots levels and the Ordinance on executing democracy in communes, wards, and towns has made progress” [4, p. 167]. Based on this democratic environment, Vietnamese people’s human rights and citizenship are better guaranteed. It cannot be denied that if everyone can express and develop his role and opinion, human security will be better.

Along with realizing socialist democracy, our Party also expands foreign cooperation to maintain a peaceful and stable environment, make the most of external resources to develop the country, and raise people’s living standards. Furthermore, the Party resolutely and persistently struggles to protect the independence, sovereignty, unity, and territorial integrity of the Fatherland, protect the Party, State, the people, socialist regime, culture, and national interests, maintain a peaceful environment, political stability, national security, and human security, and build an orderly, disciplined, and safe society for the socialist-oriented development [5, p. 156]. At the same time, the 13^th National Party Congress stated: “Consolidating national defense and security and protecting the socialist Vietnamese nation are important and regular tasks of the Party, State, the political system, and the people, in which the People’s Army and People’s Public Security are the core forces” [5, p. 156]. The Party will actively fight to defeat all plots and sabotage activities of hostile forces, focus on security and safety, timely and effective response to non-traditional security threats, and repel all kinds of crimes and social evils to create a peaceful and favorable social environment for people to develop sustainably.

Conclusion

Thus, to accomplish the country’s development orientations to 2030, with a vision to 2045, the 13^th National Party Congress emphasized: “We need to continue to master and handle major relationships well. And especially, the newly added relationship is between practicing democracy and strengthening the rule of law, ensuring social discipline” [5, p. 39]. They are the primary ones and reflect the dialectical laws and the core theoretical issues of our Party’s renovation policy, so they need to be supplemented, perfected, and developed to be suitable for the changes in reality.

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