Assessing Implementation of Law in China: What is the Standard?

17 Pages Posted: 12 Oct 2008

See all articles by Randall Peerenboom

Randall Peerenboom

La Trobe University - Faculty of Law and Management; Oxford University - Centre for Socio-Legal Studies

Date Written: September 2008

Abstract

The common perception is that while China has passed laws that are generally consistent with international standards, implementation is a serious problem. There is no doubt some truth to this view, more so in some areas than others. The purpose of this chapter, however, is to critically scrutinize this common perception. I will suggest, first, we know less about implementation than we think - in particular, we know very little about how implementation in China compares to implementation in other countries at China's level of development. Second, how rigorously laws should be enforced - and in some cases whether they should be enforced at all - is often contested, sometimes for good reasons. Third, even when there should be more rigorous implementation, it is often not clear what can or should be done to ensure it. Fourth, and related, theories about implementation in China are underdeveloped and conflicting, in part because theories about how to regulate a developing country as large as China are underdeveloped and conflicting.

Suggested Citation

Peerenboom, Randall, Assessing Implementation of Law in China: What is the Standard? (September 2008). La Trobe Law School Legal Studies Research Paper No. 2008/12. Available at SSRN: https://ssrn.com/abstract=1283181 or http://dx.doi.org/10.2139/ssrn.1283181

Randall Peerenboom (Contact Author)

La Trobe University - Faculty of Law and Management ( email )

Department of Economics and Finance
Victoria 3552, 3086
Australia

Oxford University - Centre for Socio-Legal Studies

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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