The people's regulation: citizens and implementation of law in China

Open Access
Authors
Publication date 2012
Journal Columbia Journal of Asian Law
Volume | Issue number 25 | 2
Pages (from-to) 116-179
Organisations
  • Interfacultary Research - Amsterdam Center for Law & Economics (ACLE)
  • Faculty of Law (FdR)
Abstract
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.
Document type Article
Language English
Related publication The people's regulation: citizens and implementation of law in China
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