The Rise of the Chinese Surveillance State: Historical Foundations and Maoist Methodology

The rise of China as a surveillance state has resulted in a significant and continuous impact on Chinese citizens and all residents of China.
The constant presence of surveillance functions as a control mechanism that restricts individual behavior in several key ways:
- Prevention of speaking out or participating in protests.
- Suppression of the expression of self-identity.
- Inhibition of the ability to live freely.
The system forces and mandates adaptation to state-defined institutions through a "successful transition" (transformation from socialism to communism).
Psychological effects on the population include:
- Living in a state of constant fear.
- Habitual second-guessing of personal actions.
- Feeling pathologically constrained and forced into specific patterns of behavior (doing and not doing certain things).

By $1956$ , the Chinese Communist Party (CCP) had restored order and unified the Chinese state.
The structure of the "New Chinese State" was established with the following branches:
- Legislative Branch.
- Executive Branch: Represented by the State Council.
- Ministries: Subordinate to the State Council, including the Ministry of Public Security (MPS), which serves as the national police force.
Legal Organs: The judicial system was comprised of two main bodies:
- The Supreme People's Court.
- The Supreme People’s Procuratorate.
Philosophical Framework: The new institutions of law and government were viewed through the perspective of "Legal Instrumentalism."
The Constitution: This document included a specific list of citizens' rights, including equality by law, protection of property rights, and rights to speech, association, travel, and protest.
Caveat of Rights: Every right was followed by the phrase "according to law," meaning these protections were only valid as long as they complied with state-defined statutes.
The role of the State Prosecutor involved adjudication, yet there was a persistent "super-legality" regarding the actions of groups within the State Council, local government, and government personnel.

Historically, Party Policy has always been regarded as superior to formal law.
Citizens could only exercise their rights within the limits set by the Party, as only the Communist Party possessed the authority to define those boundaries.
Any changes in law and policy that favored popular rights would have (and did) undermine the real power exercised by the state.
Real Power Centers: Authority was concentrated in the members of the Standing Committee of the Politburo, which was headed by Chairman Mao.
Local Governance: At provincial and local levels, small Communist Party Committees directed all government activity.
Personnel Control: All levels of Communist Party leaders maintained lists of party faithful to take on specific government roles.

Party policy and law were frequently implemented by involving ordinary people in the tasks of monitoring their neighbors and mediating disputes.
In the $1950s$ , the state built a system of local informers to assist the police and the Party in keeping tabs on suspicious persons and activities.
Residents' Committees and Mediation: These grassroots organizations were essential for identifying social or political deviance.
The Campaign / "Mass Movement": This strategy involved getting citizens to monitor others to implement state policy through public pressure.
Social Impact of Mass Movements: Citizens were often humiliated and punished by their own neighbors to enforce and destroy enemies of communist ideals.
Theoretical Goal: The process of participating in these campaigns was intended to "remold" the people themselves, contributing to the reconstruction of China’s economy, society, culture, and politics.
Transition Goal: The series of campaigns in the first half of the $1950s$ was designed to re-educate the population and transform China from a capitalist system to a socialist one.

During the Maoist era, mass movements were the primary tool to implement policy, and relatively few formal laws were drafted or promulgated.
Land Reform Campaign ( $1950$ - $1952$ ): A fundamental restructuring of land ownership.
Campaign Against Counterrevolutionaries ( $1951$ ): This movement mobilized large segments of the population to humiliate and violently exterminate perceived enemies of the state.
Three-Antis and Five-Antis Campaigns:
- These were less violent than the counterrevolutionary campaigns but were essential for the "remolding" of the economy.
- The state investigated and accused over $480,000$ private companies of various offenses.
- These companies were extremely weakened by heavy fines and penalties, ultimately forcing them to become joint state-private enterprises.
Marriage Laws: These laws notably gave women more rights regarding property and the ability to choose/change their marital status.

Hundred Flowers Campaign (Late $1950s$ ): Chairman Mao explicitly asked the population for their honest opinions and criticisms of the state.
Outcome: When the population criticized the one-party system and the tenets of Marxism-Leninism, the state’s response was the "Anti-Rightist Campaign."
Repression of Intellectuals: Thousands of intellectuals were labeled as "rightists," leading to ruined careers.
Consequences: Many were sent to labor camps, prisons, or the countryside without formal trials.
Legal Preference: The state preferred the flexibility of policy over the rigidity of fixed law.
$Laogai$ : This refers to "reform through labor" as a primary method of punishment.

The administration of justice was highly publicized to serve as a deterrent and a display of state power.
Public humiliation and the punishment of offenders were intended to demonstrate that the state was actively providing justice and protecting the people.
Legal Slogans: Criminal proceedings often relied on the slogan "leniency to those who confess, heavy punishment for those who resist."
Confession was considered the critical first step toward reform through labor.
Labor Camps and Psychological Reconstruction:
- Camps utilized psychological pressure to reconstruct the personality and habits of the interned.
- The aim was to force the population into total reliance on the state.
Current Era Comparisons:
- Leaders in modern Communist China possess significantly more power than those in the Maoist era due to better organizational lines and technology.
- While some modern techniques are presented as being more humane compared to the $1950s$ , many of the fundamental techniques of control and surveillance remain in active use.