A Tale of Two Chinese Courts: Economic Development and Contract Enforcement

26 Pages Posted: 7 Aug 2012  

Xin He

City University of Hong Kong (CityUHK); University of Illinois at Urbana-Champaign, College of Law, Visiting; City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

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Date Written: September 2012

Abstract

The way in which formal contract enforcement becomes effective is a critically important but understudied question for law and development studies. Primarily drawing on field investigations, this article compares the enforcement performance of two basic‐level courts in China, one in a more‐developed and the other in a less‐developed region. The level of economic development is found to be crucial in contributing to the courts' performance. Unlike the court users in the less developed area, those in the more developed area become more market‐oriented as the local economy diversifies, paving the way for more rigorous judgment enforcement; a developed local economy also allows the court to strengthen institutional building and staff professionalism. The comparison of the two Chinese courts provides empirical evidence with which to evaluate the relationship between formal contract enforcement and economic development.

Suggested Citation

He, Xin, A Tale of Two Chinese Courts: Economic Development and Contract Enforcement (September 2012). Journal of Law and Society, Vol. 39, Issue 3, pp. 384-409, 2012. Available at SSRN: https://ssrn.com/abstract=2125679 or http://dx.doi.org/10.1111/j.1467-6478.2012.00590.x

Xin He (Contact Author)

City University of Hong Kong (CityUHK) ( email )

83 Tat Chee Avenue
Kowloon
Hong Kong

University of Illinois at Urbana-Champaign, College of Law, Visiting

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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