- The people's regulation: citizens and implementation of law in China
- Columbia Journal of Asian Law
- Volume | Issue number
- 25 | 2
- Pages (from-to)
- Document type
- Interfacultary Research Institutes
Faculty of Law (FdR)
- Amsterdam Center for Law & Economics (ACLE)
China has made a move towards society-based regulation, enabling citizens to aid in the implementation of regulatory law. This is a welcome development that may help to reduce the government’s problems in enforcing its laws. Societal forces have had some success in improving regulatory efforts to mitigate risk. However, society-based regulation reforms have been halfhearted, as existing and recently introduced authoritarian restrictions obstruct citizens from becoming successful co-regulators. At its worst, China has developed a form of regulation by escalation, where ironically the exact same incentive structures for Chinese regulatory and judicial officials to prevent unrest also stimulate citizens to create instability as a successful strategy to get regulatory law implemented. Thus, China’s halfhearted approach to regulatory governance with its focus on stability may ultimately be destabilizing.
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