Assessing Implementation of Law in China: What is the Standard?
17 Pages Posted: 12 Oct 2008
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.
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