When Do Chinese Subnational Governments Make Law?

42 Pages Posted: 21 Oct 2019

See all articles by Wei Cui

Wei Cui

University of British Columbia (UBC), Faculty of Law

Jiang Wan

Southwest University of Political Science and Law, School of Economic Law

Date Written: October 10, 2019

Abstract

How often does law get made in China, and what kinds of law? We construct a dataset on subnational lawmaking to address these questions. The dataset builds on a basic insight: Chinese politicians choose among three types of instruments to implement policy — statutes, regulations, and informal policy directives (IPDs). IPDs are easier to promulgate than statutes and regulations, and the fact that they lack the force of law rarely impedes enforcement. Why then do politicians make law at all?

Several findings shed light on this puzzle. First, the choice between formal lawmaking and IPDs depends on the policy subject. Second, provinces and cities have distinct policy specializations. Specialization may lead one level of government to invest in lawmaking in the subject, or lead the other level of government to refrain from doing so. Third, politician tenure has little impact on lawmaking. Fourth, while population is a relevant predictor of lawmaking, other factors that might seem to represent the “demand for law” bear unexpected correlations with the quantity of law.

Keywords: Chinese law, legislation, legislative processes, legislative institutions, rulemaking, supply of law

JEL Classification: H11, H70, H83, K20, K23, K40

Suggested Citation

Cui, Wei and Wan, Jiang, When Do Chinese Subnational Governments Make Law? (October 10, 2019). Available at SSRN: https://ssrn.com/abstract=3467703 or http://dx.doi.org/10.2139/ssrn.3467703

Wei Cui (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T1Z1
Canada
6048274765 (Phone)

Jiang Wan

Southwest University of Political Science and Law, School of Economic Law ( email )

No. 301, Baosheng Ave, Yubei District
Chongqing
China

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