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		<title>Analysis of China’s Draft Mental Health Law – An Interview</title>
		<link>http://chinalawandpolicy.com/2011/10/24/analysis-of-china%e2%80%99s-draft-mental-health-law-%e2%80%93-an-interview/</link>
		<comments>http://chinalawandpolicy.com/2011/10/24/analysis-of-china%e2%80%99s-draft-mental-health-law-%e2%80%93-an-interview/#comments</comments>
		<pubDate>Tue, 25 Oct 2011 03:20:36 +0000</pubDate>
		<dc:creator>Elizabeth M. Lynch</dc:creator>
				<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Mental Health]]></category>
		<category><![CDATA[Ankang]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[Convention on the Rights or Persons with Disabilities]]></category>
		<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[CRPD]]></category>
		<category><![CDATA[Disability Rights Tribunal for Asia and the Pacific]]></category>
		<category><![CDATA[disturbs public order]]></category>
		<category><![CDATA[draft]]></category>
		<category><![CDATA[endangers public order]]></category>
		<category><![CDATA[Falun Gong]]></category>
		<category><![CDATA[involuntary commitment]]></category>
		<category><![CDATA[Mental Health Law]]></category>
		<category><![CDATA[Michael Perlin]]></category>
		<category><![CDATA[Ministry of Health]]></category>
		<category><![CDATA[Ministry of Public Saftey]]></category>
		<category><![CDATA[Robin Munro]]></category>
		<category><![CDATA[sanism]]></category>
		<category><![CDATA[state psychiatrists]]></category>
		<category><![CDATA[United Nations]]></category>

		<guid isPermaLink="false">http://chinalawandpolicy.com/?p=2244</guid>
		<description><![CDATA[On Monday, the Standing Committee of the National People’s Congress began its review of China’s new, draft Mental Health Law.  The draft – originally issued on June 10, 2011 and opened for public comment – has received much criticism both at home and abroad, in particular, Article 27 of the draft which permits involuntary commitment [...]]]></description>
			<content:encoded><![CDATA[<p>On Monday, the Standing Committee of the National People’s Congress <a href="http://www.gov.cn/english/2011-10/24/content_1977118.htm">began its review</a> of China’s new, <a href="http://www.law-lib.com/fzdt/newshtml/20/20110611091442.htm">draft Mental Health Law</a>.  The draft – originally issued on June 10, 2011 and opened for public comment – has received much criticism both at home and abroad, in particular, Article 27 of the draft which permits involuntary commitment where an individual exhibits behavior that “disturbs public order” (扰乱公共秩序).</p>
<div id="attachment_2248" class="wp-caption alignright" style="width: 160px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2011/10/Michael_Perlin_07.jpg"><img class="size-full wp-image-2248" title="Michael_Perlin_07" src="http://chinalawandpolicy.com/wp-content/uploads/2011/10/Michael_Perlin_07.jpg" alt="Prof. Michael Perlin" width="150" height="170" /></a><p class="wp-caption-text">Prof. Michael Perlin</p></div>
<p>The Chinese government appears intent on ratifying the new Mental Health Law by year’s end, but the question remains, how will the new law change the current landscape?</p>
<p>Below, Prof. <a href="http://www.nyls.edu/faculty/faculty_profiles/michael_l_perlin">Michael Perlin</a>, professor at New York Law School, Director of the Mental Disability Law Project, and author of the recently published “<a href="http://www.amazon.com/International-Human-Rights-Mental-Disability/dp/0195393236/ref=sr_1_2?ie=UTF8&amp;qid=1315356836&amp;sr=8-2">International Human Rights and Mental Disability Law: When the Silenced are Heard</a>,” analyzes China’s new draft Mental Health Law, paying particular attention to its interplay with the <a href="http://www.un.org/disabilities/convention/conventionfull.shtml">Convention on the Rights of Persons with Disabilities</a> (CRPD), a treaty China has ratified.</p>
<p><a href="http://chinalawandpolicy.com/wp-content/uploads/2011/10/20111005-Michael-Perlin-Interview.mp3">Click here to listen to the interview with Prof. Michael Perlin</a> or read below for the entire transcript.<br />
Length: 31 minutes (audio will open in another browser)</p>
<p>**********************************************************************<br />
[01:31] <strong><em>EL:</em></strong><em> Thank you Prof. Perlin for joining us. </em></p>
<p>[01:33]<strong> MP: </strong>Happy to be here.</p>
<p>[01:34]<strong> <em>EL</em></strong><em>:  Let’s begin by talking about your new book, specifically Chapter Four which discusses the use of mental disability law to suppress political dissent.  How long has China been using involuntary commitment to suppress dissent?</em></p>
<p>[01:47]<strong> MP</strong>:  We knew that it has been going on back at least 40 years, it may be before that, we don’t know.  This was written about first and most extensively by Robin Munro who brought most of this to the public attention and he gave some very, very serious examples of the misuse of state-sanctioned psychiatry in support of commitment of people who by any sort of standard, normative reason would not have needed commitment.</p>
<div id="attachment_2250" class="wp-caption alignleft" style="width: 310px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2011/10/red-guards.jpg"><img class="size-full wp-image-2250" title="red guards" src="http://chinalawandpolicy.com/wp-content/uploads/2011/10/red-guards.jpg" alt="" width="300" height="235" /></a><p class="wp-caption-text">The use of involuntary commitment to squash dissent is not new in China and can be traced back to Cultural Revolution days. </p></div>
<p>[02:17] Sometimes it was done for political reasons, sometimes it was done for financial reasons.  There is this whole other set of cases where people wanted to get rid of a relative because they wanted to take over a business or something.  That was not unfamiliar to those who knew about this in the United States about the same time.  But clearly it was being used to suppress political dissent.</p>
<p>[02:40] When I wrote Chapter  Four of this new book, a lot of it flows from <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=982217">an article</a> I’d done about four or five years before in the Israeli Law Review.  When I did that research, it was kind of interesting to me.  Most people know, or people who are interested in this whole general area, know that the former the Soviet Union, this was very common.  And there were exposes, the World Psychiatric Association sends a delegation in the late 80s, early 90s, there were quite a few books written about it and articles.  But China at that point nobody seemed to pay that much attention to, and it was pretty clear that the same kind of things were going on in China as were going on in the Soviet Union.  Fast forward, the Iron Curtain fell, some of the abuses – not all – in the former Soviet Union had been remediated to some extent. But again what was happening in China was pretty much under the radar.</p>
<p>[03:40] It became known, interestingly, with regard to what is seen as the persecution of the <a href="http://en.wikipedia.org/wiki/Falun_Gong">Falun Gong</a>.  Is it a political group? Is it a kind of exercise? Is it meta-physical? I can’t answer that but it seemed very, very clear to me and to most neutral observers that practitioners and adherents were being singled out, and they were being marginalized as mentally ill.  One of the things, we’ll talk about it latter, is why do governments do this and I will discuss that in a few minutes but it seemed to me that China in many ways was paralleling[the experiences in the Soviet Union]</p>
<p>[04:25] What is interesting to me is that in this new draft act [China’s draft Mental Health Law], of which I am enormously ambivalent I should tell you, I think…and I have sent some comments to other people about it….I think there are some other things that are better than China has had before but an awful lot of it strikes me as very problematical.  [Much of it] would not only not meet constitutional standards in a Western country but also I think pretty clearly does not comport with the UN Convention on the Rights of Persons with Disabilities which China has ratified.</p>
<p>[04:58] It seems to me that  [in] this new law, Article 27  &#8211; about the disturbance of public order  &#8211; should be a red flag.  What does that mean?  We are sitting here on the corner of West Broadway and Leonard Street and how far are we from Wall Street where there is an occupation going on that seems to be spreading.  Is this disturbing the public order?   One could read the pages on Facebook and an awful lot of American citizens think it is.  Is something like this was being done in Beijing or Shanghai would, could everybody be dragged away to a psychiatric hospital?  Under the strict language of the Act, yeah, it probably could.</p>
<p>[05:36] <strong><em>EL</em></strong><em>:  Well, in terms of  that, and you sort of mentioned it in your answer.  The Chinese government itself has the power under even the criminal law, arguably; I mean maybe it is not directly stated in the criminal law but they use the power to detain people indefinitely.  Why do they choose to, for example Falun Gong and other dissidents, why do they choose to use a mental health analysis instead of using the criminal law when they are basically an authoritarian state.  Why did the Soviet Union do that, why does China continue to do that? </em></p>
<p>[06:13]<strong> MP</strong>:  It seems to me that there are at least three main reasons for that Elizabeth, and that truly is a great question.  First of all, there are always some, albeit minimal, procedural safeguards in the criminal process.  They</p>
<div id="attachment_2251" class="wp-caption alignleft" style="width: 310px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2011/10/arrest.jpg"><img class="size-medium wp-image-2251" title="arrest" src="http://chinalawandpolicy.com/wp-content/uploads/2011/10/arrest-300x200.jpg" alt="" width="300" height="200" /></a><p class="wp-caption-text">The criminal process in China has its limits</p></div>
<p>are not always adhered to.  … I spent some time working in China with criminal defense lawyers and I was teaching them how to, pedagogically, how to do certain things but I also spent much more time learning and I realized that it is not a lot those of us who have practiced criminal defense work in New York or New Jersey would go “oh my God”  [to much of what goes on in the criminal trial process in China] but at least there is a something there.  There is nothing there on the psychiatric commitment side.  So that’s number one.</p>
<p>[06:56] Number two, when there is a hearing, when there is an adjudication, there is usually a limit to the sentence.  It may be a draconian sentence, it may be for many more years than we would think make sense.  But at least there is a number there.  Psychiatric commitment is, in these jurisdictions indefinite.  And I should say, after the <a href="http://www.un.org/disabilities/default.asp?id=150">CRPD</a> [the Convention on Rights of Persons with Disabilities], the Convention is ratified, I don’t think indefinite commitment without clear judicial review passes muster under the international human rights law.</p>
<p>[07:31] But the third I think is the most important.  Because I think  [psychiatric commitment] stigmatizes.  We know that if we call somebody a mental patient, he will be discredited.  And if he has political motives, that will mean, well, we can ignore them.  I use this example, I think, in that book, about someone in Romania (when Romania was a completely authoritarian state) who was picked up, and his psychiatric charge was [that] he was carrying a sign saying that the prime minister of the country must go; the [rationale was], “Well if he thought he was serious that someone would listen to him, he must be crazy.”  It’s a self-fulfilling prophecy.  It’s a loop.  But I think those three reasons together are really it.</p>
<p>[08:14] <strong><em>EL</em></strong><em>:  Right now, before…..I know they [China] have the draft [mental health] law published right now and it was opened for comments back in the summer, but before that.  Right now how does involuntary commitment work [in China]?  Are there laws in place?  Who makes the decision if an individual should be involuntarily committed?  How does it work?</em></p>
<p>[08:33]<strong> MP</strong>:  The decisions is made basically by the State.  Someone gets picked up; very, very often family will call and ask: take my relative and send him to the hospital.  And there is no independent assessment.  In 1985….I should say to your listeners, I have been a professor since the mid-1980s but I was a real lawyer before that.  I practiced 13 years both as a criminal defense lawyer and as an advocate for persons with mental disabilities.  I filed an amicus brief in the U.S. Supreme Court in 1985 in a case called  <em>Ake v. Oklahoma</em> in which the Supreme Court ruled that a person who is indigent had a right to a psychiatric evaluation at state expense if he was putting forth the insanity defense.  The idea being that this is something that can’t simply be done, can’t be decided on the say-so of the state doctor.</p>
<p>[09:32] In China it is always done on the say-so of the State doctor.  There is virtually no sense of independence.  There is also no lawyer appointed.  One of the issues that I think is really important; we know this, we know that both among the United States and in other nations, serious mental health reform only happens when there are lawyers assigned to represent patients.  I know that sounds very lawyer-centric.  Pardon me, I plead guilty to that.  But if you were to go to the United States and go state-by-state and see where has there been reform, where has there not, it’s an easy question.  Where have there been lawyers like in New York, the Mental Hygiene Legal Service, like in New Jersey, the Division of Mental Health Advocacy law office, like in DC, the Public Defenders Service/ Mental Health Division, that’s where it happens.  In other nations, where you have it: Israel is a nation that has a robust public defenders office doing these things and they are enormously successful.  Where there are no lawyers, reform doesn’t happen.</p>
<p>[10:29] There are no lawyers doing these cases on the ground in China.  I believe that after ratification of the CRPD, this needs to happen.  Commitment must be subject to the judicial process at every step.  That is demanded by the CRPD and it’s not in the draft [Mental Health Law] much less in the older law.</p>
<p>[10:49] <strong><em>EL</em></strong><em>:  So to clarify, the draft mental health law that has been proposed has no provisions for a lawyer to be appointed</em>.</p>
<p>[10:57]<strong> MP</strong>: Correct.</p>
<p>[10:58]<strong><em> EL</em></strong><em>: And there is no independent review of a state’s decision</em>.</p>
<p>[11:00]<strong> MP</strong>:  One can ask for a review but it is absolutely, utterly optional.  There is no sense that it is obligatory, it is not mandatory.</p>
<p>[11:09] <strong><em>EL</em></strong><em>:  Now, in terms of involuntary commitment, you say that the decision is made by the state.  Would that be – what division of the state?  Is that the Ministry of Public Security or is it not clear? </em></p>
<p>[11:21]<strong> MP</strong>:  It’s not clear.  You have sort of two different ways it could happen.  The Ministry of Public Security and</p>
<div id="attachment_2249" class="wp-caption alignright" style="width: 310px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2011/10/Ankang.jpg"><img class="size-medium wp-image-2249" title="Ankang" src="http://chinalawandpolicy.com/wp-content/uploads/2011/10/Ankang-300x245.jpg" alt="" width="300" height="245" /></a><p class="wp-caption-text">An Ankang Hospital in China</p></div>
<p>this whole <a href="http://www.thejcl.com/pdfs/munro.pdf">Ankang hospitals</a> that are really shrouded….I mean, I heard about them….oh my goodness…I’d been doing mental disability work my whole career.  I’ve been doing international human rights mental disability work for 11 years.  I’ve been going to Asia for nine years.  But it wasn’t until about four or five years ago that I even heard about these hospitals.  And they operate…there is virtually no way to find out what’s going on in them and that ministry is Public Security.  The others go through the Ministry of Health, I believe.</p>
<p>[12:00]<strong> EL</strong>:  So the Ankang hospitals are within the Ministry of….?</p>
<p>[12:05]<strong> MP</strong>: Of Public Security.  And those involve people who are seen as being criminally dangerous.  It’s a very, very murky line between criminality and other kind of dangerous behavior.  Very often, it’s what you choose to call it.  But there is very little, there is no review, and there is very little outsider involvement.  It’s like a world in and of itself.</p>
<p>[12:33]<strong> <em>EL</em></strong><em>:  And in terms of that line between criminality and involuntary commitment….One of the things that is being heavily criticized both by foreign scholars and even Chinese legal scholars is this continued use of “disturbing public order.” And that’s included in the new draft mental health law.  My question is….just to get to the people who write this law.  Is there any sincerity in the use of this term?  Does the Chinese government believe that….I mean is there sincerity in the belief that perhaps the expression of a different opinion is evidence of mental illness?  And how do they get doctors on board with that?</em></p>
<p>[13:13] <strong>MP</strong>:  It’s very hard for me to tell what was in their minds.  There is no record of this.  And you can come</p>
<div id="attachment_2252" class="wp-caption alignleft" style="width: 310px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2011/10/OWS.jpg"><img class="size-medium wp-image-2252" title="OWS" src="http://chinalawandpolicy.com/wp-content/uploads/2011/10/OWS-300x217.jpg" alt="" width="300" height="217" /></a><p class="wp-caption-text">Occupy Wall Street - Political Protest or Endangering Public Saftey?</p></div>
<p>with multiple explanations Elizabeth. On one hand you can look at it just plain meaning.  Endanger public safety means somebody is standing in the middle of a main street screaming at cars, right?  That could cause an accident.  And that you and I would agree might endanger public safety.  And that’s one possibility.</p>
<p>[13:42]  [This is another:] … In this study that was done by the Equity and Justice Initiative of Psychiatry and Society Watch that was published recently which analyzes this commitment system in China, it is replete with example of people who were picked up and psychiatrically hospitalized because basically they were seen as dissident.  It’s an over-used word.  I am very concerned in any jurisdiction but especially, especially, in a jurisdiction that has this kind of track record of locking people up for disagreeing politically.  I am very concerned that this kind of language, like in Article 27, is far too overbroad and I see that as a really troubling issue.</p>
<p>[14:29] Why do state psychiatrists go along with it? This is something I have been trying to deal with for 20 years in terms of thinking about it and you don’t know.  I remember reading one study in which the researchers said – well you know if we went along for the ride we would get more vacation days or get a nice home at the beach – something like that.  Which sounds so depressingly banal, right, but it also in fact may be so.</p>
<p>[14:57] Some may also feel as if they[examining psychiatrists] are an arm of the state.  I have heard, I have been in meetings, just so your listeners know, I have been mainland China five or six times and have done quite a bit of work there and I have been at meetings with psychiatrists and I’ve tried to listen to what people say.  Very often….most recently I was in Beijing in June this summer, and I heard a psychiatrist say – “oh well, you know, I can kind of look at this guy in the eyes and I will know if he needs to be institutionalized.”  That kind of behavior was repudiated when I started practicing law, I heard doctors say that.  That’s been repudiated in the States for the last twenty or thirty years.</p>
<p>[15:42] Very, very much of what I heard on this last trip to Beijing – Yogi Bera said it is déjà vu all over again – very much of what I heard was very close to what I heard in the early 1970s when I started practicing law in New Jersey.</p>
<p>[15:55]<strong> <em>EL</em></strong><em>:  Well in that regards, and this is a little maybe off topic because it’s not as much related to law, but has there been efforts….I know that there are a lot of rule of law projects from the US in China to help strengthen the legal profession.  Have there been efforts to maybe create….strengthen the professional mindedness of the psychiatry profession in China?  Has there been any attempts to do that and hopefully through that way, develop a grassroots feeling of independence?  Or is that something that might just be too difficult?</em></p>
<p>[16:26] <strong>MP</strong>: If this was a TV show rather than podcast, your listeners would be seeing my face at this moment.  Yeah, kind of, maybe, a little bit, not much.  I know the World Medical Association has taken seriously some of these issues.  There’s a psychiatrist in Mamaroneck, New York, Dr. Abraham Halpern, one of my heroes.  Abe has been working on some of these issues for the last 30, 40 years.  Mostly he is focusing on things like organ transplants now.  But he has been a gadfly to the World Medical Association encouraging it, as has  Dr. David Matos of Canada.  But generally not so much.  I don’t see this…..</p>
<p>[17:05] There is an interesting subtext issue here.  One of the things I write about, and I discuss it extensively in this book, is what I call “sanism.”  Sanism is the kind of irrational prejudice like racism, like sexism, like homophobia, in which we stereotype people with mental disabilities, we trivialize them, we typify them, we don’t take them very seriously.  We treat them as less than people.  Because of that, we generally – we meaning society – pay much less attention towards what psychiatrists do with purportedly “crazy people” than we do when there are other violations.  When people mistreat women, when people mistreat children, when people mistreat gays, there is a predictable and appropriate outrage on page one on all the blogs.  It doesn’t happen here.</p>
<p>[17:55] Internationally there is only one organization, a group called the <a href="http://mdac.info/">Mental Disability Advocacy Center</a> located mostly in Budapest, a couple of other sites in Europe, that is doing this work on a global level.  I am working with my friend and colleague Yoshi Ikehara who is head of the <a href="http://tokyo-advocacy.com/drtapeng/">Tokyo Advocacy Law Office</a> (as I said before we went on the air) to create a <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1744196">Disability Rights Tribunal for Asia and the Pacific</a>.  But there is very little else that is being done.</p>
<p>[18:19] This is a population that people, even people who see themselves as traditional liberals –  traditionally progressive, traditionally focusing on social justice &#8211; which just as well go away.  They think it is yucky.</p>
<p>[18:34]<strong> <em>EL</em></strong><em>:  In terms of….focusing on the international efforts, you had mentioned the CRPD, what international law is out there that would push China forward in this regards?  Since China has ratified some of the treaties, what can be done on an international level besides just issuing reports that they are in violation of the treaty?</em></p>
<p>[19:01]<strong> MP</strong>:  That’s the hardest question Elizabeth; it’s the most important question.  This treaty which has been on the books for three years….</p>
<p>[19:10] <strong><em>EL</em></strong><em>: And this is the CRPD?</em></p>
<p>[19:12]<strong> MP</strong>: Yes.</p>
<p>[19:12]<strong> <em>EL</em></strong><em>: Which stands for?</em></p>
<div id="attachment_2253" class="wp-caption alignright" style="width: 310px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2011/10/United-Nations.jpg"><img class="size-medium wp-image-2253" title="United-Nations" src="http://chinalawandpolicy.com/wp-content/uploads/2011/10/United-Nations-300x276.jpg" alt="" width="300" height="276" /></a><p class="wp-caption-text">China has signed &amp; ratified the CRPD but does it follow it?</p></div>
<p>[19:13]<strong> MP</strong>: Which stands for the Convention on the Rights of Persons with Disabilities, is without any question the broadest document ever written on behalf of this population.  Importantly it repudiates the medical model and substitutes a social model of disability.  In other words, this is not simply “we have sick people”; this is, “society deals with this population a certain way, [and we need to] figure out what to do.”</p>
<p>[19:35] Irony, off to the side, what is so interesting to me is how the role of psychologists is so limited in this draft act [China’s draft Mental Health Law].  The CRPD moves away from the medical model, [and,] as such, psychologists &#8211; non-physicians &#8211; the use of them, the reliance on them should increase, not decrease.  One of the things that I am seeing between the lines with my magic decoder ring on is that there are struggles between the psychiatric trade associations and the psychological trade associations in China; the psychiatrists have much more political clout, much more legislative clout, so this is basically guild stuff.  That’s there.</p>
<p>[20:14] So, going back to what you said before.  It’s clear to me and I write about that extensively in the book, there are many articles that talk about due process basically, that talk about freedom from torture, freedom from cruel and unusual punishment, ant-discrimination, access to justice, on and on – and again I would be happy to send you some more recent things that I have written about it since I’ve written the book – and it seems to me that China is failing at all those.</p>
<p>[20:45] But then comes the question, and so what?  What are you going to do?  What can you do?  One of the reasons why Yoshi and I are devoting so much time to the creation of what we call DRTAP, <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1744196">the Disability Rights Tribunal for Asia and the Pacific</a>, is because in Africa there is a commission on human rights; in Europe there is a court on human rights; in Latin America there is a court on human rights, in each case, a court or a commission.  There is nothing in Asia.  There have been seminars, there have been meetings, there is this group called the ASEAN , to which seven nations belong; some [groupings of nations] belong to other [pan-Asian groups that deal with other issues], but there is no Asian-wide tribunal.  Why? Good question.  People talk about “Asian values,’ [but] I reject that [as the reason why there is no human rights body in Asia] and I could talk about that later if you want me to.</p>
<p>[21:31] But without that, a person can, ostensibly, theoretically, appeal any kind of a decision directly to the Human Rights Council of the United Nations.  That’s pretty difficult for anybody to do.  It’s difficult for a person in a nation with a developed economy, what we call the first world, it is certainly, virtually impossible for someone in China to do without a lawyer, especially somebody is not in Beijing or Shanghai or one of the major cities.</p>
<p>[22:03] I went to Xi’an a couple of times to do some work and I talked to a lawyer who said: “Prof. Perlin, I’m not sure if you understand. In our province, we get to court by horseback”. This was in about 2007, 2008; this is not 20 years ago.  There basically, they have at this point in time, almost no legal recourse.  What you can do is [appeal to] the court of public opinion.  We’re trying to do that.  But again I am very saddened and disappointed that this issue has not sort of spread beyond the small circle of people who take this seriously, who care about it, who write about it, who foment about it.  I think some of the reason for that Elizabeth is sanism, that these people are just simply seen as not human, not as important.</p>
<p>[22:45]<strong> EL</strong>:  <em>So are you saying that this issue hasn’t spread beyond the small group that focuses on it, so a lot of maybe the US’ projects in China, do they….are there US rule of law project that are pushing this?  Is it also I guess in some way our fault?</em></p>
<p>[23:01]<strong> MP</strong>:  Yeah it is.  Oh clearly it is our fault.   … I am on the Chinalaw LISTSERV, as you are, and if you spend a month there you will see there are certain topics that get written about a lot.  Some very serious topics.  Certainly there are serious human rights issue dissidents, things of that sort, but most of it goes to business law.  And that that does not go to business law, a lot go to things that are extremely important like environmental law.  Anyone like you or I who have spent time in China know how serious these problems are.  But there is virtually no attention paid [to the issues we are discussing here].  You and I could sit down after this is over and count on one hand the people who have done substantive posts in the last three years about this issue on that LISTSERV, and we would  have a couple of digits left over.  So yeah, I think that I can fault those generally interested in the “rule of law”  or “just society” for not taking this seriously enough.  Well you know everyone has their priorities, we can’t do everything and that’s true.  But this is an area that virtually no one is taking seriously.</p>
<p>[24:05]<strong> <em>EL</em></strong><em>:  Back to China, in terms of the new draft mental health law, you said that you are extremely ambivalent about it.  Could you talk more about your feelings about what is good, what’s not good.</em></p>
<p>[24:18]<strong> MP</strong>:  The fact that there is a law; the fact that it sort of talks about the fact that there has to be some kind of structure to this; and the fact that at least there will be something to assess, something to test.</p>
<p>[24:30] But let me laundry list some things that I think are problematic.  First of all, I don’t think whomever drafted it ever looked at the CRPD.  It does not appear to me that that was ever done, and that should have been.  Elizabeth, when I talk to people &#8212; I am very fortunate, I have gone and done human rights law on every continent (except for Antarctica,  the penguins still haven’t asked for me)  &#8212; I’ll say to people now, when you re-write your law – I was in Argentina two or three weeks ago and I spoke to the World Psychiatric Association and I spoke to people from several nations and I said exactly the same thing – if you are rewriting your law, on the left side of your desk, you need the CRPD and for every section you write, go and look at the cognate section [of your local law] and ask, “Are we in line with this or not?”.</p>
<p>[25:16] <strong><em>EL</em></strong><em>: Well let me just interrupt for a second about that, I know there has been a lot of talk about the criminal procedure law, who has assisted in drafting that, do you have any idea which agencies of the government have assisted in drafting the Mental Health Law, if there has been any famous academics…is there any transparency about that?</em></p>
<p>[25:36] <strong>MP</strong>: I don’t know.  It may have happened, but I simply don’t know or it is something that I am just not a part of those conversations.</p>
<p>[25:45] As I said before, again call me lawyer-centric, I think there needs to be appointment of counsel…period.  Article 29 through 32 talk about maybe commissioning a forensic mental disability evaluation agency for second opinions in some cases.  But without a counsel, I don’t think it’s really going to make very much difference.  I think any part, every aspect of commitment has to be subject to the judicial process every step of the way.</p>
<p>[26:16] There are lots of other things that I sort of saw going through it.  On Monday, in my class on survey of mental disability law, we talked about the topic of sexual autonomy, the rights of persons to have some kind of sexual freedom, and I have <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1337164">written about this in an article</a> I wrote in the Washington Law Review a few years ago about sexuality issues in Asia and in China, you might find that of some interest.  Nothing about it there.</p>
<p>[26:43] Their criteria for commitment are not really clear.  There has to be a causal relationship between mental illness and risk and dangerousness.  That is never spelled out.</p>
<p>[26:52] There is nothing about the institutionalized patient’s right to refuse medication, a huge, huge issue.</p>
<p>[27:03] There is a whole thing in Article 24 about when relatives can send a “suspected mentally disabled person” to the hospital.  Without criteria that is really, really problematic and I think that is an issue that needs to be dealt with.  Very, very often, somebody will come to a psychiatrist and say “doctor, my brother, sister, whatever is crazy” and that becomes sort of the fact in evidence, even though there’s no  [actual] evidence before [the psychiatrist.”].  That’s where we start out and I think that’s really a serious, serious issue.</p>
<p>[27:34] As I said before the “endanger public safety language” in Articles 26 and 27 is  especially problematic, especially, Elizabeth, given China’s history.  Article 28 talks about “diagnosis” but “diagnosis” is not “risk assessment”.  A person can have what we would call in the States an Axis 1 diagnosis – schizophrenia, bi-polar depression, major depression – and that does not mean they are committable because [to be committable], you have to have with that, as a result of that, the likelihood of serious danger to self or others.  That is not spelled out at all.</p>
<p>[28:14] The possibility, everybody has ballyhooed in Article 29 about this sort of duplicative examination…I am not convinced at all that it is going to be really independent.</p>
<p>[28:27] Starting in Article 30 it talks about forensics but I am really puzzled because there is nothing else in here about the criminal process.  It is just not clear to me what that is.</p>
<p>[28:38] I think rights need to be enumerated.  If you go to Article 34 we also have to articulate the fact, and again this is constant both with the CRPD and all developments of the last forty-plus years that the right to treatment has to be in the least restrictive alternative.  We have to talk about community treatment.  We have to talk about de-institutionalization.  We have to talk about congregate care, halfway house, on and on.   That’s not here anywhere.</p>
<p>[29:03] Psycho-surgery is discussed in Article 39.  Absolutely not.  That should never be an acceptable treatment.</p>
<p>[29:09] I was puzzled again as I said to you by the lack of….how psychologists appear to me to be squeezed out.  Again, I see this as kind of guild-mentality; it troubles me a lot.</p>
<p>[29:25] What can be done about this, I’m not that smart.  I have sent my comments in to other people who hopefully have the ear of those who do listen.  Hopefully something will happen.  But I looked in file before you got here but I have not heard back, gotten anything substantive on this in the last two months.</p>
<p>[29:41] <strong><em>EL</em></strong><em>: Well that’s what I want to ask you in a close out question basically.  There has been actually some verbal criticism by Chinese scholars about the draft mental health law and highlighting a lot of the things you have mentioned including the endangering public safety, disturbing public order issue.  Do you think the Chinese government will listen to any of this criticism?  Do you anticipate that the draft will change before it is adopted?  Or are these things that the Chinese government hasn’t been able to get past yet?</em></p>
<p>[30:15] <strong>MP:</strong> I wish I knew, Elizabeth.  I say jokingly I’m smart, I’m not that smart.  There will be some changes.  I think if they made no changes at all that would be a public relations disaster because that would mean we are ignoring everybody, we are doing just what we want, and take a hike.  There will be some changes.  I’ll say some of it will be better.  How much of it?  Ten percent?  A quarter?  I don’t know.  I wish I could be more optimistic and say – oh they are going to listen to everything we say – no, get real, they’re not.  But I am hopefully that it will be incrementally better and the way that it is written will give us more and people who are on the ground more to work with.</p>
<p>[30:59] I’m very sensitive to the fact, I go to China once a year, at the very most twice a year, I live in New Jersey, I work in New York, I am a foreigner, I am an outsider and all I can do is listen and learn and share some ideas.  It has to be done by the people on the ground.  I certainly spend a good deal of time talking to them and I hope that as a result of that something happens.  I remain….I’ve been doing this work for a long, long time…I remain an unflaggingly optimistic guy so I hope it is going to happen.</p>
<p>[31:30] <strong><em>EL</em></strong><em>: Okay, well, I guess we will find out.  It is suppose to be passed by year end.  Thank you very much Prof. Perlin for your time and your knowledge.</em></p>
<p>[31:40] <strong>MP</strong>: Thank you, Elizabeth, it was a pleasure.</p>
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<enclosure url="http://chinalawandpolicy.com/wp-content/uploads/2011/10/20111005-Michael-Perlin-Interview.mp3" length="30448421" type="audio/mpeg" />
	<itunes:summary>On Monday, the Standing Committee of the National People’s Congress began its review of China’s new, draft Mental Health Law.  The draft – originally issued on June 10, 2011 and opened for public comment – has received much criticism both at home and abroad, in particular, Article 27 of the draft which permits involuntary commitment where an individual exhibits behavior that “disturbs public order” (扰乱公共秩序).
Prof. Michael Perlin
The Chinese government appears intent on ratifying the new Mental Health Law by year’s end, but the question remains, how will the new law change the current landscape?
Below, Prof. Michael Perlin, professor at New York Law School, Director of the Mental Disability Law Project, and author of the recently published “International Human Rights and Mental Disability Law: When the Silenced are Heard,” analyzes China’s new draft Mental Health Law, paying particular attention to its interplay with the Convention on the Rights of Persons with Disabilities (CRPD), a treaty China has ratified.
Click here to listen to the interview with Prof. Michael Perlin or read below for the entire transcript.
Length: 31 minutes (audio will open in another browser)
**********************************************************************
[01:31] EL: Thank you Prof. Perlin for joining us. 
[01:33] MP: Happy to be here.
[01:34] EL:  Let’s begin by talking about your new book, specifically Chapter Four which discusses the use of mental disability law to suppress political dissent.  How long has China been using involuntary commitment to suppress dissent?
[01:47] MP:  We knew that it has been going on back at least 40 years, it may be before that, we don’t know.  This was written about first and most extensively by Robin Munro who brought most of this to the public attention and he gave some very, very serious examples of the misuse of state-sanctioned psychiatry in support of commitment of people who by any sort of standard, normative reason would not have needed commitment.
The use of involuntary commitment to squash dissent is not new in China and can be traced back to Cultural Revolution days. 
[02:17] Sometimes it was done for political reasons, sometimes it was done for financial reasons.  There is this whole other set of cases where people wanted to get rid of a relative because they wanted to take over a business or something.  That was not unfamiliar to those who knew about this in the United States about the same time.  But clearly it was being used to suppress political dissent.
[02:40] When I wrote Chapter  Four of this new book, a lot of it flows from an article I’d done about four or five years before in the Israeli Law Review.  When I did that research, it was kind of interesting to me.  Most people know, or people who are interested in this whole general area, know that the former the Soviet Union, this was very common.  And there were exposes, the World Psychiatric Association sends a delegation in the late 80s, early 90s, there were quite a few books written about it and articles.  But China at that point nobody seemed to pay that much attention to, and it was pretty clear that the same kind of things were going on in China as were going on in the Soviet Union.  Fast forward, the Iron Curtain fell, some of the abuses – not all – in the former Soviet Union had been remediated to some extent. But again what was happening in China was pretty much under the radar.
[03:40] It became known, interestingly, with regard to what is seen as the persecution of the Falun Gong.  Is it a political group? Is it a kind of exercise? Is it meta-physical? I can’t answer that but it seemed very, very clear to me and to most neutral observers that practitioners and adherents were being singled out, and they were being marginalized as mentally ill.  One of the things, we’ll talk about it latter, is why do governments do this and I will discuss that in a few minutes but [...]</itunes:summary>
<itunes:subtitle>On Monday, the Standing Committee of the National People’s Congress began its review of China’s new, draft Mental Health Law.  The draft – originally issued on June 10, 2011 and opened for public comment – has received much criticism both [...]</itunes:subtitle>
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		<title>Congressional Testimony of China Law &amp; Policy – With Link to full Webcast</title>
		<link>http://chinalawandpolicy.com/2010/05/12/congressional-testimony-of-china-law-policy-%e2%80%93-with-link-to-full-webcast/</link>
		<comments>http://chinalawandpolicy.com/2010/05/12/congressional-testimony-of-china-law-policy-%e2%80%93-with-link-to-full-webcast/#comments</comments>
		<pubDate>Wed, 12 May 2010 12:13:28 +0000</pubDate>
		<dc:creator>Elizabeth M. Lynch</dc:creator>
				<category><![CDATA[Congress]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[Citizens United]]></category>
		<category><![CDATA[Citizens United v. FEC]]></category>
		<category><![CDATA[DISCLOSE Act]]></category>
		<category><![CDATA[Federal Election Committee]]></category>
		<category><![CDATA[H.R. 5175]]></category>
		<category><![CDATA[John C. Coates]]></category>
		<category><![CDATA[Michael Toner]]></category>
		<category><![CDATA[Trevor Potter]]></category>
		<category><![CDATA[William McGinley]]></category>

		<guid isPermaLink="false">http://chinalawandpolicy.com/?p=1435</guid>
		<description><![CDATA[Link here for webcast (or go through the House website here).
Click here for CL&#38;P&#8217;s Written Testimony Submitted to the Committee
Yesterday, the Committee  on House Administration held a hearing to discuss  and analyze the DISCLOSE Act (H.R. 5175), the legislation drafted to deal with some of the issues raised by the Supreme Court’s decision in Citizens [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/05/capital_building_threequarter.jpg"><img class="alignleft size-medium wp-image-1439" title="capital_building_threequarter" src="http://chinalawandpolicy.com/wp-content/uploads/2010/05/capital_building_threequarter-300x169.jpg" alt="capital_building_threequarter" width="171" height="96" /></a>Link <a href="http://houseadmin.edgeboss.net/wmedia/houseadmin/2010/disclose2.wvx" target="_blank">here for webcast</a> (or go through the House website <a href="http://cha.house.gov/view_hearing.aspx?r=67" target="_blank">here</a>).</p>
<p><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/05/Elizabeth-Lynch-Written-Testimony.pdf" target="_blank">Click here for CL&amp;P&#8217;s Written Testimony Submitted to the Committee</a></p>
<p>Yesterday, the Committee  on House Administration held a hearing to discuss  and analyze the DISCLOSE <a href="http://thomas.loc.gov/home/gpoxmlc111/h5175_ih.xml" target="_blank">Act (H.R. 5175)</a>, the legislation drafted to deal with some of the issues raised by the Supreme Court’s decision in <em>Citizens United v. Federal Election Committee</em>.  Most of the new legislation deals with what disclosure should be made when a corporation runs a commercial or ad as part of its political activity.  But Section 102 of the proposed legislation seeks to close the loophole that enables foreign corporations, operating through U.S. subsidiaries, to fund “electionteering communications.”</p>
<p><em>China Law &amp; Policy’s</em> article, “Citizens United: U.S. Politics with Chinese Characteristics” was picked up by the Committee’s staff and I was invited to testify about potential foreign government influence in our elections post-Citizens United.  On the panel also included former Federal Election Committee (FEC) chair and lead staffer on the McCain-Feingold, Trevor Potter of Campaign Legal Center; Prof. John C. Coates of the Harvard Law School and expert in corporate governance; Michael Toner, partner at Bryan Cave and former FEC Chair; and William McGinley an attorney at Patton Boggs.  The House Committee is to vote on the legislation on Thursday, May 13.</p>
<p>The full webcast can be watched <a href="http://houseadmin.edgeboss.net/wmedia/houseadmin/2010/disclose2.wvx" target="_blank">here</a> (or <a href="http://cha.house.gov/view_hearing.aspx?r=67" target="_blank">here</a>).  It was a very interesting discussion and I recommend watching all of it (total time is 1 hour 31 minutes), but for those just interested in the discussion on foreign influence (or the parts where I speak), below is a breakdown by time of the discussion.  Thank you for watching!</p>
<p><strong><span style="text-decoration: underline;">Discussion on Foreign Influence in U.S. Elections:</span></strong></p>
<p>14:45 – 16:45 Trevor Potter, Opening Statement</p>
<p>21:49 – 22:27 John C. Coates, Opening Statement</p>
<p><strong>22:38 – 27:45 Elizabeth M. Lynch, Opening Statement</strong></p>
<p>29:28 – 31:05 Michael Toner, Opening Statement</p>
<p>34:03 – 34:32 William McGinley, Opening Statement</p>
<p>42:56 – 46:14 Rep. Lungren, Question for the Panel</p>
<ul>
<li>46:15 – 47:12 Coates, Response to Rep. Lungren</li>
<li>47<strong>:13 – 48:47 Lynch, Response to Rep. Lungren</strong></li>
<li>48:48 – 49:46 Lungren Conclusion</li>
</ul>
<p>1:02:59 – 1:03:21 – Toner, Response to Rep. Harper</p>
<p>1:05:45 – 1:10:22 – Rep. Capuano, Questions for the Panel, Back-forth with Toner, and <strong>China issue Lynch</strong></p>
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		<slash:comments>0</slash:comments>
<enclosure url="http://houseadmin.edgeboss.net/wmedia/houseadmin/2010/disclose2.wvx" length="771" type="video/x-ms-wvx" />
	<itunes:summary>Link here for webcast (or go through the House website here).
Click here for CL&amp;P’s Written Testimony Submitted to the Committee
Yesterday, the Committee  on House Administration held a hearing to discuss  and analyze the DISCLOSE Act (H.R. 5175), the legislation drafted to deal with some of the issues raised by the Supreme Court’s decision in Citizens United v. Federal Election Committee.  Most of the new legislation deals with what disclosure should be made when a corporation runs a commercial or ad as part of its political activity.  But Section 102 of the proposed legislation seeks to close the loophole that enables foreign corporations, operating through U.S. subsidiaries, to fund “electionteering communications.”
China Law &amp; Policy’s article, “Citizens United: U.S. Politics with Chinese Characteristics” was picked up by the Committee’s staff and I was invited to testify about potential foreign government influence in our elections post-Citizens United.  On the panel also included former Federal Election Committee (FEC) chair and lead staffer on the McCain-Feingold, Trevor Potter of Campaign Legal Center; Prof. John C. Coates of the Harvard Law School and expert in corporate governance; Michael Toner, partner at Bryan Cave and former FEC Chair; and William McGinley an attorney at Patton Boggs.  The House Committee is to vote on the legislation on Thursday, May 13.
The full webcast can be watched here (or here).  It was a very interesting discussion and I recommend watching all of it (total time is 1 hour 31 minutes), but for those just interested in the discussion on foreign influence (or the parts where I speak), below is a breakdown by time of the discussion.  Thank you for watching!
Discussion on Foreign Influence in U.S. Elections:
14:45 – 16:45 Trevor Potter, Opening Statement
21:49 – 22:27 John C. Coates, Opening Statement
22:38 – 27:45 Elizabeth M. Lynch, Opening Statement
29:28 – 31:05 Michael Toner, Opening Statement
34:03 – 34:32 William McGinley, Opening Statement
42:56 – 46:14 Rep. Lungren, Question for the Panel

46:15 – 47:12 Coates, Response to Rep. Lungren
47:13 – 48:47 Lynch, Response to Rep. Lungren
48:48 – 49:46 Lungren Conclusion

1:02:59 – 1:03:21 – Toner, Response to Rep. Harper
1:05:45 – 1:10:22 – Rep. Capuano, Questions for the Panel, Back-forth with Toner, and China issue Lynch
</itunes:summary>
<itunes:subtitle>Link here for webcast (or go through the House website here).
Click here for CL&amp;P’s Written Testimony Submitted to the Committee
Yesterday, the Committee  on House Administration held a hearing to discuss  and analyze the DISCLOSE Act (H.R. [...]</itunes:subtitle>
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		<item>
		<title>The Future of China – An Interview with Peter Hessler</title>
		<link>http://chinalawandpolicy.com/2010/02/10/the-future-of-china-%e2%80%93-an-interview-with-peter-hessler/</link>
		<comments>http://chinalawandpolicy.com/2010/02/10/the-future-of-china-%e2%80%93-an-interview-with-peter-hessler/#comments</comments>
		<pubDate>Wed, 10 Feb 2010 14:35:21 +0000</pubDate>
		<dc:creator>Elizabeth M. Lynch</dc:creator>
				<category><![CDATA[Book Review]]></category>
		<category><![CDATA[Chelebrities]]></category>
		<category><![CDATA[Baotou]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[China land use]]></category>
		<category><![CDATA[Chinese Communist Party]]></category>
		<category><![CDATA[Chinese countryside]]></category>
		<category><![CDATA[Chinese migration]]></category>
		<category><![CDATA[Chinese villages]]></category>
		<category><![CDATA[corruption]]></category>
		<category><![CDATA[Corruption in China]]></category>
		<category><![CDATA[Country Driving: A Journey Through China from Farm to Factory]]></category>
		<category><![CDATA[driving along the Great Wall]]></category>
		<category><![CDATA[driving in China]]></category>
		<category><![CDATA[economic development in China]]></category>
		<category><![CDATA[enviornmental protests]]></category>
		<category><![CDATA[Factory towns in China]]></category>
		<category><![CDATA[Great Wall of China]]></category>
		<category><![CDATA[Inner Mongolia]]></category>
		<category><![CDATA[land use laws]]></category>
		<category><![CDATA[Oracle Bones]]></category>
		<category><![CDATA[Peter Hessler]]></category>
		<category><![CDATA[petitioning in China]]></category>
		<category><![CDATA[protests in China]]></category>
		<category><![CDATA[rule of law in China]]></category>
		<category><![CDATA[rural areas in China]]></category>

		<guid isPermaLink="false">http://chinalawandpolicy.com/?p=1069</guid>
		<description><![CDATA[Excerpts of this Interview Originally Posted on the Huffington Post.
I read lots of books about China, it’s what I do.   But there are few that I anxiously await for as much as Peter Hessler’s new
Photo Credit: Robert Burnett of www.rburnettjr.com
book Country Driving: A Journey Through China from Farm to Factory. His last book – Oracle [...]]]></description>
			<content:encoded><![CDATA[<p><em>Excerpts of this Interview Originally Posted on the <a href="http://www.huffingtonpost.com/elizabeth-lynch/the-future-of-china---an_b_456102.html" target="_blank">Huffington Post</a>.</em></p>
<p>I read lots of books about China, it’s what I do.   But there are few that I anxiously await for as much as Peter Hessler’s new</p>
<div id="attachment_1038" class="wp-caption alignright" style="width: 210px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Lobby-book.JPG"><img class="size-medium wp-image-1038" title="Photo Credit: Robert Burnett of www.rburnettjr.com" src="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Lobby-book-200x300.jpg" alt="Photo Credit: Robert Burnett of www.rburnettjr.com" width="200" height="300" /></a><p class="wp-caption-text">Photo Credit: Robert Burnett of www.rburnettjr.com</p></div>
<p>book <em><a href="http://www.amazon.com/Country-Driving-Journey-Through-Factory/dp/0061804096/ref=pd_sim_b_4" target="_blank">Country Driving: A Journey Through China from Farm to Factory</a></em>. His last book – <em><a href="http://www.amazon.com/Oracle-Bones-Journey-Through-China/dp/0060826592/ref=pd_sim_b_2" target="_blank">Oracle Bones</a></em> – was brilliant and is usually the book I recommend people read when they want to learn more about China.  But now there is <em>Country Driving</em> which equals, if not surpasses the elegance of <em>Oracle Bones</em>.  In focusing on everyday life in the villages and factory towns for the past ten years, Hessler watches a China transform before his eyes, and in the areas most impacted by its modernization.  While <em>Oracle Bones</em> showed a China dealing with the ghosts of its past, <em>Country Driving</em> shows a China wrestling with the demons of its own development.  If you want to understand today’s China, and the forces changing it, you need to read <em>Country Driving</em>.</p>
<p>I sat down with Hessler to discuss his new book and his thoughts on China – its problems, its future, its people.  How have things changed?  How have the people responded to these changes?  What is the impact of rule of law in China?  Is China the overwhelming power that the West currently makes it out to be?  Below is an excerpt of my interview with Hessler.</p>
<p>To listen to the interview, click <a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-Peter-Hessler-Interview.mp3" target="_blank">here</a>.</p>
<p>For a PDF version of the transcript, click <a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/Transcript-of-Peter-Hessler-Interview-Feb-8-2009.pdf" target="_blank">here</a>.</p>
<p><strong>**********************************************************************************************************</strong></p>
<p>Hi, this is Elizabeth Lynch of <em>China Law &amp; Policy.com</em> and welcome to our podcast.  Today we are here with author Peter Hessler to discuss the release of his new book, <em>Country Driving: A Journey Through China from Farm to Factory</em>.  This is the third book Peter has written about China.  The first, <em>River Town</em>, tells the story of his two years teaching English in a small city in Sichuan, China.  His second book, <em>Oracle Bones: A Journey through Time in China</em> was a 2006 National Book Award finalist and a New York Times Notable Book of the Year. <strong> </strong></p>
<p>Thank you for joining us today.</p>
<p><strong>EL</strong>: <em>My first question is just about your stay in China.  You first arrived in China in 1996 to teach English in the Peace Corp and you ended up staying there for 10 years.  What is it about China that kept you there?</em></p>
<p><strong>PH</strong>: I guess it’s a surprise to me because it wasn’t a place I was interested in growing up and when I was in high school and college I certainly never studied Chinese or anything about Chinese history.  And actually when I was in college, it wasn’t that common for people to study Chinese in the late 80s, early 90s.  Actually, the first time I went to China was 1994.  I finished graduate school in England and I decided to go home to the east and take a long trip around the world.  I was really interested in seeing Eastern Europe and Russia and I was with a friend and we figured we would go through China and to Southeast Asia. Really I didn’t have much interest in China; I hoped to get through China quickly in that trip; people that were coming in the other direction said bad things about it – it wasn’t very easy to travel in – so it really wasn’t a place I was looking forward to.</p>
<p>We took the train from Moscow to Beijing and I arrived in Beijing and I was really sort of blown away by the place.  There was just a very tangible energy on the street; you could just tell that things were happening, people seemed motivated.  It was quite a contrast to what I’d seen in Russia which at that time – this was in 1994 – I found a little bit depressing.  So it really surprised me and so I ended up extending that trip.  I think my friend and I spent maybe close to two months total in China.  We didn’t speak any Chinese; we were just bumbling through as backpackers basically.  But it really did grab me.</p>
<p>I had always intended to apply to the Peace Corp but this changed my plans in that I applied to the Peace Corp but I really wanted to go to China.  I think that in the end, that energy that I sensed from the first week I was there was what ended up keeping me in China so long.  When I did join the Peace Corp in ‘96, I had a sense that it might be longer than two years.  Because I had been there and because I knew it’s a big deal to try to learn a language like that and to try to understand a place like that, I knew that it would take more than two years basically.  So I wasn’t surprised in some ways that it ended up being longer; I guess I wouldn’t have expected it to be a decade, but there was never a time…I never got tired of the place.  You certainly never feel like you know everything; for one thing, everything is change so even if you did by some miracle you know everything, it’s going to be different next week.</p>
<p><strong>EL</strong>: <em>In your new book, <span style="text-decoration: underline;">Country Driving</span>, a lot of your stories focus upon you driving around China, getting your driver’s license, and the car plays a very significant role in your stories.  How did you decide to focus on the car and driving in China?  Was it a purposeful choice or was that just how the story developed? </em></p>
<p><strong> </strong></p>
<div id="attachment_1035" class="wp-caption alignleft" style="width: 310px"><strong><strong><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Looby-with-EL.JPG"><img class="size-medium wp-image-1035" title="Elizabeth Lynch interviewing Peter Hessler; Photo Credit: Robert Burnett of www.rburnettjr.com" src="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Looby-with-EL-300x200.jpg" alt="Elizabeth Lynch interviewing Peter Hessler; Photo Credit: Robert Burnett of www.rburnettjr.com" width="300" height="200" /></a></strong></strong><p class="wp-caption-text">Elizabeth Lynch interviewing Peter Hessler; Photo Credit: Robert Burnett of www.rburnettjr.com</p></div>
<p><strong>PH</strong>:  Usually when I do projects, I try to keep them very open-ended.  Actually with all of my books I’ve actually written a book and worked out a contract afterwards.  So I don’t like the idea of having to propose something before I do it because basically you don’t know what’s going to be there.  I like to respond to the material.</p>
<p>Basically this started as a magazine story while I was doing a piece for <em>National Geographic</em> on the Great Wall of China and I decided I wanted to drive along the Great Wall.  The trip became more and more ambitious as I was planning because I liked the idea of doing it.  I thought it would be interesting, I had just gotten my license.  And then that journey was just a great experience; it was probably the best trip I have every taken in China.  And after taking that trip I started to think, I would like to write about this in a book but I really feel like there are these other issues I would like to explore.  One of the things I noticed while I was driving across is that you go through all these little villages, where people are leaving and life is obviously really different from what it was 10,15,20 years ago.  I wanted to get a deeper sense of what that meant to people and how people respond to that.</p>
<p>Around the same time I was renting a house outside of Beijing in the countryside mostly just for personal reasons, just because I wanted to escape from the city, but I eventually started writing about that place and how people cope with the changes.</p>
<p>And as time moved on and I had these two parts of the book, I was thinking about, I realized I need also to give people a sense of where all this is going, all these people are leaving the villages, young people are migrating, they are going to these factory towns, I want to write something about a factory town as well and have this in the book.  You know, for me this is the way projects have generally developed.  You sort of feel your way along and you get to a point and you can sort of see the whole thing in the sense of what you need and what you would like to do.  And for me that was at the moment when I said okay, I want to go to a factory town and write about development there.  And once I got into that last project, which was in Lishui, I could see that that would be the book basically.</p>
<p>As far as the automobile, there was a link to all of them because the first one was a driving trip that kind of gave me an introduction to the north and to some of these rural issues; the second journey was to a village where they didn’t have a paved road when I started going out there and renting a house, and eventually they paved the road, there was a car boom in Beijing and this place responded very dramatically, people’s lives changed in enormous ways.  And then for the last section, about the factory town, I chose a town in Zhejiang province that was along the route of a new expressway because I knew that this was a highway that linked them to the coast.  That has a huge impact on your local economy if you have a road that goes to a port.</p>
<p><strong>EL</strong>: <em>The first part of <span style="text-decoration: underline;">Country Driving</span>, you describe your drive along the Great Wall and you go through a lot of these villages that are, that seem like they are just closing down and they are mostly poor, you talk about them being depopulated, barren, no longer farm-able, and you even talk about some of the aid work there that is subject to a lot of corruption, in your mind, what do you think is the future for these villages?  If you go back 10 years from now, will they exist?  What do you see for these villages?</em></p>
<p><strong>PH</strong>: It was very striking because China has been in the midst of this incredible migration.  Most of the figures now are 130 million, 140 million people have left the countryside &#8211; mostly young people looking for jobs in the cities.  When I was traveling, it’s amazing how this is the other side of migration; you’ve been to the factory towns or the cities where you see all these people, but where are they coming from?  You go to these villages, and I’d drive through, and you talk to people and they would usually say the population is decreased by half, roughly.  That was generally the number I would get from talking to people.  I never met anybody in a place who said, oh we haven’t lost population.  It was every single town.</p>
<p><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/Road.jpg"><img class="alignleft size-medium wp-image-1070" title="Road" src="http://chinalawandpolicy.com/wp-content/uploads/2010/02/Road-300x225.jpg" alt="Road" width="300" height="225" /></a>Often it’s really striking that you just do not see people in their late teens and twenties in these towns, and thirties.  They’re either older people, elderly, or you see disabled people or you see small children because children are still being raised by their grandparents often in these villages.  So, it was something as I drove….In a way they are quite poor, they’ve always been poor, but they’re also incredibly open and friendly.  I never had a single bad experience in these little towns and people were incredibly generous – they would invite me in, they were totally trusting.  So it did make me sad to think about that, that these places are really changing.  And I don’t know who is going to be there in a generation.  It’s hard to envision who, why would someone stay basically, and people often told me that.  Along the way I was picking up hitchhikers, which is mostly because I had an empty car and I found that it was interesting, and most of those hitchhikers were young people migrating, and you talk to them and they say ‘there’s no way I am going back, there’s nothing there for me.’</p>
<p>So I don’t know what happens.  I think maybe eventually if China reforms some of the land use laws perhaps people would consolidate farms and there would be some farmers who could make a better living because they have bigger holdings.  That’s what should logically happen.  In some ways it’s not a bad thing, because a country….When they started the reforms they had like 900 million farmers or something in ‘78.  You don’t really need 900 million farmers in a country.  It’s inevitable that this is going to happen.  And we’ve been through it, Europe went through it.  If you look at 19<sup>th</sup>century literature, there are all these poems, English poems, about villages that are dying and don’t exist anymore.  So this is an old story in that sense.  I think eventually you will see this consolidation and there will be some who remain as farmers but for this particular moment it is very hard to see the future.</p>
<p><strong>EL</strong>: <em>In terms of the law, you brought up some reforms to land use laws.  And in certain parts of <span style="text-decoration: underline;">Country Driving</span> I know you mention, just in passing, the Chinese law and the legal system.  Your neighbor in Sancha, Wei Ziqi, he holds onto contracts dating back to the Qing dynasty, showing that he should have title to certain lands.  You describe how the law doesn’t protect the countryside and allows cities to buy farmland at cheap prices and then just flip it at a higher price.  And you also discuss the petitioning system.  When you bring up these interactions with the law, it seems like the law itself doesn’t really offer solutions for the people that you write about.  Do you think this is changing at all?  Do you see the law or the legal system developing in a way to protect these people?  In the field I am in, we hope that the legal system is changing to better protect a lot of these people, but on the ground do you feel that is really happening? </em></p>
<p><strong>PH</strong>: You know, like so many things in China, there are so many levels to this issue.  I think there is a huge amount of vitality and energy in the legal field right now in China and if you go to Qinghua University, at the upper end it’s quite vibrant.  There are a lot of people thinking very hard about these issues, working very hard on them, there is a lot of life to it.  So I do think in that sense it’s clear that there are people that are interested in making this a better system, no doubt.  And I think eventually, it will happen.</p>
<p>For this book, really my focus was much more on working class people.  A lot of these people were farmers.  Basically, most of the people I am writing about are people who are from the countryside but are making this transition in one way or another to urban life or to being entrepreneurs; in the last section, people who are becoming factory workers or managers and so on.  So I am sort of seeing their perspective which is going to be very different from a legal scholar.</p>
<p>But it’s interesting, when even in these places, the people have a deep faith in law really and quite an interest.  You mention Wei Ziqi, this is someone who had just about eight years of formal schooling but he’s very bright and when he was older and had been farming for a while, he took a correspondent course in law for example.  And he kept all of these books that he got from that course that taught him how to draw up contracts for example.  So when I rented a house there, he wrote up a very formal contract and had me and the person I was renting with sign it.  And it had all these clauses – one of the clauses was that you can’t store explosives in the house – very detailed stuff.  It really had no legal status; you couldn’t take that contract to court but he believed….To him it was important and it showed sort of an interest in it and a respect for the law.  So you do sort of see that a lot.</p>
<p>I guess my characterization of how….And for him in the village, he was aware of certain laws – like when he wasn’t getting a certain fee he was suppose to be getting, he would find some ways to make sure he did.  And he would say the law’s on my side.  It was important to him.</p>
<p>I think….One of my general conclusions on how people interact with the law in places like this and in the factory towns is that it is certainly not a fair system and it’s not a system that we would see as certainly as being anything close to finished, but it’s pretty functional to be honest.</p>
<p>You mention the land use issues, which are really unfair to people in the countryside, but it allows development to proceed in the way that it has.  In some ways they are at a stage now, it’s a weird stage in that there are huge problems clearly with the legal system.  But it works and the corruption even is sort of manageable – it’s almost like there are rules to it and people know how it works.  So their level of comfort is a lot higher than what you would expect.  As an outsider you think, this is just a bad system, these things are wrong and people shouldn’t tolerate it.  But from their perspective it’s different; it’s probably better, it is better than it was 20 years ago.  They also know basically how it works.  They find ways to make things work in their favor.  What they do is not what we would expect.</p>
<p>For example, in the factory town, where I spent a lot of time, there was really very little sense of the law there, in the sense I never met a lawyer there, I never got any sense of anybody doing any kind of NGO work, there’s no unions that I ever encountered.  The government had an official union and they would show movies on the street to factory workers – that was the only contact I had with them.  But it doesn’t mean that people were powerless.  It just meant that they didn’t find recourse in the law specifically.  If a worker had a problem, he didn’t talk to a union, he didn’t call a lawyer.  But he found other ways to do it.</p>
<p>I write for example about a family that works in a factory.  I’ve watched them over a period of years.  For example, <a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/Factory.jpg"><img class="alignright size-medium wp-image-1071" title="Factory" src="http://chinalawandpolicy.com/wp-content/uploads/2010/02/Factory-300x168.jpg" alt="Factory" width="300" height="168" /></a>when they started working in the factory they sent their youngest daughter with the older daughter’s ID. The youngest one is 15, barely 15, and she isn’t legal to work.  But because she has the fake ID she gets a job and then she brings her sister in.  Soon enough, the whole family is there.  And they end up with quite a bit of power because they have a network of six workers or so who were a huge part of the labor force and they could negotiate as a group.  So it’s a place where people have agency, the type of agency they have is not traditional, it’s not necessarily legally based.  So as an outsider, it’s very hard to understand, but at the same time, you kind of respect it.  When I watch that family, the Tao family, when I watch them negotiate, I didn’t feel sorry for them.  They were really good at what they did.  I would not want to negotiate with them, I wouldn’t want to be the boss.  I almost felt more sorry for the boss sometimes because they were just really tough people.  So you sort of admire them, but again you realize that it is not a finished system.  But it’s functional.</p>
<p>So when you talk about corruption in China, it’s not Nigeria.  It’s not some country where you go and they just, you try to set up a business and they set up a system of bribes that make it just completely impossible to function.  It doesn’t work like that.  The other example I give in the book is when these guys are setting up their factory, and the officials from the tax bureau came – I was sitting there watching this whole interaction – these three officials came from the tax bureau.  They were intimidating, they let the factory owners know that they were in control, and they sort of had this conversation, this very tense conversation.  They asked them questions about the business because they were just starting business and they said ‘do you have an accountant?’ And the boss said ‘no we don’t, we haven’t started selling anything yet so we will get one eventually.’  ‘Well you should get an account.’  ‘Ok, we’ll get one once we start doing business.’  He said ‘no, you should get an accountant now.  I have a friend that runs a business that has an accountant and here’s his card.’  And the boss is like ‘oh maybe we should get an accountant now.’  That’s kind of the way it works.  That interaction is over and the guy makes a phone call and hires the account.  You realize it’s not fair, but it works.  It’s not an onerous cost in a way.  So he wasn’t angry about it, he’s just like ‘this is the way it is.’  It’s going to cost 80, 90 bucks a month, no big deal, he’ll deal with it.</p>
<p>So, I think that is kind of the stage that they’re at.  They do have some huge questions that remain to be answered and it is very hard to tell, especially that land use issue which is that people in the countryside can’t buy and sell their own land.  That has been a huge problem over the years and it continues to be.  There have been lots of signs and lots of discussions over reform but that hasn’t happened yet.</p>
<p><strong>EL</strong>:  <em>When you traveling through the countryside and the factory towns, you see a lot of people on the move and you do see these inequities, but amongst the people themselves, what was their biggest gripe?  I think a lot of foreign NGOs that are in China, a lot of the work I do, there is a focus on the inequities in society or the environmental damage, things like that.  But do you feel that people that are in the countryside and in the factory towns, what do you think is their biggest issue? </em></p>
<p><strong> </strong></p>
<div id="attachment_1037" class="wp-caption alignleft" style="width: 210px"><strong><strong><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Lobby-hands.JPG"><img class="size-medium wp-image-1037" title="Photo Credit: Robert Burnett of www.rburnettjr.com" src="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Lobby-hands-200x300.jpg" alt="Photo Credit: Robert Burnett of www.rburnettjr.com" width="200" height="300" /></a></strong></strong><p class="wp-caption-text">Photo Credit: Robert Burnett of www.rburnettjr.com</p></div>
<p><strong>PH</strong>: It’s very localized and if you ask people, it tends to be corruption and what they mean is corruption of local officials.  That doesn’t mean that the top levels aren’t corrupt, they just don’t see it.  So often they continue to have a faith that the top levels of governments are better run and the people are more honest but the locals, because they know the locals, they see what is happening, they are very cynical about that.  It is incredibly localized.  One of the years, the year that I wrote about where I was following a dam project in this book, they reported something like 87,000 public disturbances, protests in China that year.  And you should see these figures.  Every year it’s a figure like that, close to 100,000 and you think my God, the country is about to explode.  But when you do sort of encounter one of these instances and look at it, it tends to be so incredibly localized and it’s not connected to larger issues.</p>
<p>So you meet someone in the countryside and you ask them what’s wrong and they won’t tell you the land or the Constitution just isn’t fair in terms of land use laws.  It’s hard to have that kind of vision, they’re not seeing these sort of huge issues.  What they would tell you is my piece of land, I didn’t get the market value for that piece of land, and that’s really all that they are going to care about, about their own situation.  So you don’t see people making these connections.  You see some of the outsiders and the NGOs, folks like that are in different positions.  But the people that are in the villages, the factory workers, that’s not their issue.</p>
<p>To be honest, it’s such a demanding society, everybody is coping with so much change I often feel like they just don’t have the energy to go after those big issues.  You can’t blame them; they’ve got a lot of stuff to take care of.  Wei Ziqi, he’s trying to shift from being a farmer to being a businessman, he’s trying to join the Party in the local village, he’s trying to get a solid political position in his village.  He has all of these things to worry about, the last thing he’s going to worry about is trying to reform the Constitution.  He has no way to do that and it’s just not going to be his natural response.</p>
<p>I think again this sort of contributes to the stability, the basic stability that I see in China.  There are a lot of complaints, but again, it’s sort of a pretty functional system.  And I never feel….My general sense is not that this place is about to explode.  I guess I don’t have that feeling.  I’m sort of going in more of a survey approach; I don’t look for problems and then focus, like, in the village.  I just went to the village and spent a lot of time there – and so you see what happens.  And the same thing in the factory town.  I went to this factory town and spent a lot of time there.  So I noticed what type of protest came up, but I wasn’t picking the biggest protest in the province – which really makes a big difference if you are a journalist or a social scientist.  China is a big country, you can find anything you want.  In some ways, this is a more representative approach in the sense of trying to just go to a place and see what’s happening there in a normal situation.  I noticed there are a lot of protesters.  One significant big issue in the factory town which was the new dam that they were building.  But the response to that was not very threatening.  People’s anger was very localized, they weren’t coordinated with any other kind of groups, it wasn’t like they were linked up with other anti-dam groups in China, there weren’t environmentalist down there.  So it kind of makes me feel that the system is basically sustainable for right now.</p>
<p><strong>EL</strong>: <em>In terms of those issues, in noting that there is some basic stability and even though there are these complaints, they are very localized and they’re not becoming a big issue.  But if every rural area is having similar complaints, even though they are not unified, do you think that perhaps maybe China is not as powerful as the West right now currently views it?  Do you see…Even though it is a stable system, there is a lot of I guess tension on the local level, do you see this as problematic and do you think the Chinese national government is going to deal with it in the future?  I guess what do you see for the future? </em></p>
<p><strong>PH</strong>: It’s always a bad game to predict China’s future basically but I think basically, I suppose it’s en vogue to talk, we hear about how overwhelmingly powerful China is.  I tend to sort of temper that.  I don’t see China as on the verge of collapse, I’ve never felt that at all.  But I also don’t see it as this place that is an unbelievable juggernaut, that they are doing everything better than everybody else is doing.  There are a lot of problems with the system, there are a lot of flaws.  But there are still a lot of safety valves as well.</p>
<p>One of the things I write about in this books is what happens to people who could potentially be dangerous maybe to</p>
<div id="attachment_1036" class="wp-caption alignleft" style="width: 210px"><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Lobby-profile.JPG"><img class="size-medium wp-image-1036" title="Photo Credit: Robert Burnett of www.rburnettjr.com" src="http://chinalawandpolicy.com/wp-content/uploads/2010/02/20100208-PH-Lobby-profile-200x300.jpg" alt="Photo Credit: Robert Burnett of www.rburnettjr.com" width="200" height="300" /></a><p class="wp-caption-text">Photo Credit: Robert Burnett of www.rburnettjr.com</p></div>
<p>the government, who could cause a lot of trouble.  You go to the villages, and the really bright people, the ones who would probably be the most angry about injustices and also the most capable of fighting something or resisting something, they leave, they become migrants because they’ve got opportunities.  So it’s like a pressure valve.  So you don’t see the really bright young person staying in the village and stirring up trouble.  That person is trying to find his way in a factory world.  So they have a whole other series of challenges to go.  They’re outside of their home community, they don’t have their networks anymore, so politically, they’re not in a position to do a lot.</p>
<p>In the village that I wrote about, the person I knew, Wei Ziqi, he’s one of the very few really bright people who stayed.  And what happens to him?  Well he has some power struggles with local authorities but he ends up becoming a Party member; he sort of becomes to some degree part of the local power structure.  This also happens – people get recruited.  So I think there are a lot of different pressure valves basically that sort of take some of the talented people out of the position where they would potentially cause trouble.</p>
<p>It’s sort of a hard thing because it can be very depressing in a way, like when I was in that dam community and I met a lot of folks there who were angry, petitioning, and bitter about it.  I noticed that they generally tended to be the lesser educated and they had the fewest financial resources, and this is partly because they were the ones who have been treated the worst, but they also were, I have to admit, also some of the least capable of really doing something basically.  And the people I met who were capable had either left or they were finding other ways to make their way.  There was one guy in that dam community that was really sharp.  When he talked to me he wanted to know what my journalist accreditation was, he had all kinds of questions about what kind of writing I do, he was the first one I met who was really sharp like that and really knew a lot of the issues and his vision was much broader in the sense that he’s like ‘they are moving people from these towns, there is nothing for them to do in these towns, they’re just building these towns and there’s no farming, there’s no business, there’s no factories.’  But he was well dressed, he had a cell phone so I asked ‘well what do you do, how do you get your money?’ and he’s like ‘well I sell building materials in the towns that they’re building.’ So he’s profiting in a way, he’s found a way, he’s kind of hedged his bets basically.  I just think there is still a level of opportunity that makes it hard for people to justify really, really devoting themselves to protesting.</p>
<p>I think eventually that changes.  But you have to reach a point in my opinion, where sort of the middle class, the upper class, the educated people, the ones with a lot of drive, when those people feel like they’re getting limited, because they have the tools.  Right now it’s like the people at the bottom I feel like are the ones that really get hammered.  And it’s a very sad situation but it’s very natural in the sense that those are also the people who are the least capable of affecting massive political change.</p>
<p>I think something will change with that but I think it is going to have to be when this other group starts to see it as being in their interest to be a little less self-oriented and a little more aware of ways in which the system can be improved.  Like I say, you have more and more energy going in this direction, but I think it is going to take time.  I never felt that we were going to see a political change in the next five years or something, a major political change.  I never had that feeling in China.</p>
<p><strong>EL</strong>: <em>On your road trip, as you were driving, when you were driving, were there any cities that you went through that reminded you of St. Louis or any other cities in the United States?</em></p>
<p><strong>PH</strong>: I’m actually not from St. Louis, I grew up in Colombia, in the middle.  I’m trying to think.  The cities are totally different it feels like in China.  They always feel like they were just built yesterday basically a lot of these places, especially when you are in the factory towns because some of them were basically built yesterday – you can see them going up in front of your eyes.  So it’s a different world I guess.  Especially my driving trip I did, the first one, was in the north and the big city, I think the only really big city I passed through was called Baotou in Inner Mongolia.  Which is this weird place because they had they had a huge amount of money that came in from a government campaign, it just felt like a huge metropolis in the middle of the desert.  So they have a different feel and they feel like training grounds.  Everything is a trial basically in the sense that all of the people that come in from the outside, the buildings have just been built, the streets have just been built.  People need to figure it out on the fly.</p>
<p><strong>EL</strong>:  <em>And what about when you were driving, did you have any driving music that you listened to, anything like that?</em></p>
<div id="attachment_1032" class="wp-caption alignright" style="width: 210px"><em><em><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/02/petehess.jpg"><img class="size-medium wp-image-1032" title="Author Peter Hessler; Photo Credit: Robert Burnett of www.rburnettjr.com" src="http://chinalawandpolicy.com/wp-content/uploads/2010/02/petehess-200x300.jpg" alt="Author Peter Hessler; Photo Credit: Robert Burnett of www.rburnettjr.com" width="200" height="300" /></a></em></em><p class="wp-caption-text">Author Peter Hessler; Photo Credit: Robert Burnett of www.rburnettjr.com</p></div>
<p><em> </em></p>
<p><strong>PH</strong>: Yeah, yeah, yeah.  I was on the road for days.  I guess I did two trips, this was in two parts.  The first part of this book was a journey in two parts and each of them more than a month, that is a lot of time on the road.  Yeah, I brought good driving music – Bruce Springsteen, the Clash, and a lot of rap music as well when I am trying to stay awake, to keep myself motivated.  It was very fun, I enjoyed it greatly.  Also I had no schedule which helps.  I think driving in China can be really tough if you go for like 8 hours a day or something.  But I stopped when I wanted to, I tried to be careful so I wouldn’t get too tired.  It was a blast.  I really, really enjoyed it.</p>
<p><strong>EL</strong>: <em>Definitely, it sounded like you had a lot of fun, especially on the trip with the Great Wall.  But now that you are back in the States and you are now in Colorado and <span style="text-decoration: underline;">Country Driving</span> is out, what do you see that is next for you? </em></p>
<p><strong>PH</strong>: I’m doing some projects in the States now where I am researching a couple of things around where I live.  I live in southwestern Colorado near New Mexico and Utah.  So I’m pursuing some things there which has been great.  It’s been nice to do a couple of U.S.-based projects, interview people in the States which I haven’t done for a long time.</p>
<p>So I am shifting away from China for a while and I think my wife and I will probably be moving overseas again in about a year or so.  We would like to study another language and live in another part of the world, and write about someplace else.  We are thinking about possibly the Middle East.  We know that we will go back to China eventually because we both really like it there, we’re comfortable there, we still have a house north of Beijing in the village.  But we felt like it’s nice to do something different for a while.</p>
<p>For me personally, this third book for me felt like the last, I felt like I was closing a chapter in the sense.  To me it was a great final project because I had all kinds of new challenges.  I was putting together a lot of the knowledge I had learned over the decade plus that I had spent in China.  It felt like a natural stopping point.  I never wanted to reach a point in China where I felt like I was repeating myself or using the same type of story or the same type of structures or the same type of research projects over and over.  And this to me, each of the three books feels quite different to me and they have different focuses, so it was a good stopping point.  And we will be back at some point and happy to do that.</p>
<p><strong>EL</strong>: <em>I know for me and I am sure for a lot of other people if this is the closing chapter on your journey with China, a lot of us might be a little bit disappointed.  You’re one of, I think, the greatest writers about modern China.  But I want to thank you for taking time to talk to us today.  Just for our listeners, <span style="text-decoration: underline;">Country Driving</span> comes out on February 9 and can be purchased at your local bookstore or on Amazon dot com.  Thank you Peter.</em></p>
<p><strong>PH</strong>: Thank you.  Thank you for talking to me.</p>
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	<itunes:summary>Excerpts of this Interview Originally Posted on the Huffington Post.
I read lots of books about China, it’s what I do.   But there are few that I anxiously await for as much as Peter Hessler’s new
Photo Credit: Robert Burnett of www.rburnettjr.com
book Country Driving: A Journey Through China from Farm to Factory. His last book – Oracle Bones – was brilliant and is usually the book I recommend people read when they want to learn more about China.  But now there is Country Driving which equals, if not surpasses the elegance of Oracle Bones.  In focusing on everyday life in the villages and factory towns for the past ten years, Hessler watches a China transform before his eyes, and in the areas most impacted by its modernization.  While Oracle Bones showed a China dealing with the ghosts of its past, Country Driving shows a China wrestling with the demons of its own development.  If you want to understand today’s China, and the forces changing it, you need to read Country Driving.
I sat down with Hessler to discuss his new book and his thoughts on China – its problems, its future, its people.  How have things changed?  How have the people responded to these changes?  What is the impact of rule of law in China?  Is China the overwhelming power that the West currently makes it out to be?  Below is an excerpt of my interview with Hessler.
To listen to the interview, click here.
For a PDF version of the transcript, click here.
**********************************************************************************************************
Hi, this is Elizabeth Lynch of China Law &amp; Policy.com and welcome to our podcast.  Today we are here with author Peter Hessler to discuss the release of his new book, Country Driving: A Journey Through China from Farm to Factory.  This is the third book Peter has written about China.  The first, River Town, tells the story of his two years teaching English in a small city in Sichuan, China.  His second book, Oracle Bones: A Journey through Time in China was a 2006 National Book Award finalist and a New York Times Notable Book of the Year.  
Thank you for joining us today.
EL: My first question is just about your stay in China.  You first arrived in China in 1996 to teach English in the Peace Corp and you ended up staying there for 10 years.  What is it about China that kept you there?
PH: I guess it’s a surprise to me because it wasn’t a place I was interested in growing up and when I was in high school and college I certainly never studied Chinese or anything about Chinese history.  And actually when I was in college, it wasn’t that common for people to study Chinese in the late 80s, early 90s.  Actually, the first time I went to China was 1994.  I finished graduate school in England and I decided to go home to the east and take a long trip around the world.  I was really interested in seeing Eastern Europe and Russia and I was with a friend and we figured we would go through China and to Southeast Asia. Really I didn’t have much interest in China; I hoped to get through China quickly in that trip; people that were coming in the other direction said bad things about it – it wasn’t very easy to travel in – so it really wasn’t a place I was looking forward to.
We took the train from Moscow to Beijing and I arrived in Beijing and I was really sort of blown away by the place.  There was just a very tangible energy on the street; you could just tell that things were happening, people seemed motivated.  It was quite a contrast to what I’d seen in Russia which at that time – this was in 1994 – I found a little bit depressing.  So it really surprised me and so I ended up extending that trip.  I think my friend and I spent maybe close to two months total in China.  We didn’t speak any Chinese; we were just bumbling through as backpackers basically.  But it really did grab me.
I had always intended to apply to the Peace Corp but this changed [...]</itunes:summary>
<itunes:subtitle>Excerpts of this Interview Originally Posted on the Huffington Post.
I read lots of books about China, it’s what I do.   But there are few that I anxiously await for as much as Peter Hessler’s new
Photo Credit: Robert Burnett of [...]</itunes:subtitle>
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		<title>Let Me Serenade the Streets of L.A.: Podcast of Citizens United &amp; China</title>
		<link>http://chinalawandpolicy.com/2010/01/31/let-me-serenade-the-streets-of-l-a-podcast-of-citizens-united-china/</link>
		<comments>http://chinalawandpolicy.com/2010/01/31/let-me-serenade-the-streets-of-l-a-podcast-of-citizens-united-china/#comments</comments>
		<pubDate>Mon, 01 Feb 2010 03:54:28 +0000</pubDate>
		<dc:creator>Elizabeth M. Lynch</dc:creator>
				<category><![CDATA[Foreign Policy]]></category>
		<category><![CDATA[Background Briefing]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[Citizens United]]></category>
		<category><![CDATA[Citizens United v. FEC]]></category>
		<category><![CDATA[corporate citizen]]></category>
		<category><![CDATA[foreign influence in U.S. elections]]></category>
		<category><![CDATA[Haier]]></category>
		<category><![CDATA[Huffington Post]]></category>
		<category><![CDATA[Ian Masters]]></category>
		<category><![CDATA[KPFK 90.7]]></category>
		<category><![CDATA[Samuel Alito]]></category>
		<category><![CDATA[United States Supreme Court]]></category>

		<guid isPermaLink="false">http://chinalawandpolicy.com/?p=988</guid>
		<description><![CDATA[China Law &#38; Policy went live on the West Coast today, making our radio debut on Ian Masters&#8216; &#8220;Background Briefing&#8221; on KPFK 90.7.   A show that goes behind the headlines, we discussed the implications of the Supreme Court&#8217;s Citizens United decision and the ability for foreign money to potentially influence U.S. elections.  Feeding off of [...]]]></description>
			<content:encoded><![CDATA[<p><em>China Law &amp; Policy</em> went live on the West Coast today, making our radio debut on <a href="http://ianmasters.org/index.php" target="_blank">Ian Masters</a>&#8216; &#8220;Background Briefing&#8221; on <a href="http://chinalawandpolicy.com/wp-content/uploads/2010/01/LA_skyline.jpg"><img class="alignright size-medium wp-image-994" title="LA_skyline" src="http://chinalawandpolicy.com/wp-content/uploads/2010/01/LA_skyline-300x217.jpg" alt="LA_skyline" width="300" height="217" /></a>KPFK 90.7.   A show that goes behind the headlines, we discussed the implications of the Supreme Court&#8217;s <em>Citizens United</em> decision and the ability for foreign money to potentially influence U.S. elections.  Feeding off of our recent article in<em> the <a href="http://www.huffingtonpost.com/elizabeth-lynch/citizens-united-us-politi_b_441936.html" target="_blank">Huffington Post</a></em>, we paid special attention to Chinese corporations.</p>
<p><a href="http://chinalawandpolicy.com/wp-content/uploads/2010/01/2010-Background-Briefing-Radio-EML-Cut.mp3" target="_blank">Click here to Listen to &#8220;Background Briefing&#8221; on China &amp; Citizens United</a><br />
Length: 19 minutes</p>
<p>Mr. Masters, a trained BBC-trained broadcast journalist, puts on a very engaging and informative show.  Those of you in the L.A. area can listen every Sunday from 11 AM &#8211; 1 PM <strong>PST</strong> on 90.7.  The rest of us can live stream through the <a href="http://www.kpfk.org/listen-live.html" target="_blank">KPFK website</a>.</p>
<p><em>Thank you to Susan T for her superb audio splicing talents!</em></p>
]]></content:encoded>
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		<slash:comments>0</slash:comments>
<enclosure url="http://chinalawandpolicy.com/wp-content/uploads/2010/01/2010-Background-Briefing-Radio-EML-Cut.mp3" length="4482816" type="audio/mpeg" />
	<itunes:summary>China Law &amp; Policy went live on the West Coast today, making our radio debut on Ian Masters‘ “Background Briefing” on KPFK 90.7.   A show that goes behind the headlines, we discussed the implications of the Supreme Court’s Citizens United decision and the ability for foreign money to potentially influence U.S. elections.  Feeding off of our recent article in the Huffington Post, we paid special attention to Chinese corporations.
Click here to Listen to “Background Briefing” on China &amp; Citizens United
Length: 19 minutes
Mr. Masters, a trained BBC-trained broadcast journalist, puts on a very engaging and informative show.  Those of you in the L.A. area can listen every Sunday from 11 AM – 1 PM PST on 90.7.  The rest of us can live stream through the KPFK website.
Thank you to Susan T for her superb audio splicing talents!
</itunes:summary>
<itunes:subtitle>China Law &amp; Policy went live on the West Coast today, making our radio debut on Ian Masters‘ “Background Briefing” on KPFK 90.7.   A show that goes behind the headlines, we discussed the implications of the Supreme Court’s Citizens [...]</itunes:subtitle>
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