Ji Li Assistant Professor at Rutgers School of Law writes……..
I have just uploaded a paper to SSRN, “Does Law Matter in China: An Empirical Study of a Limiting Case.” Here is the link,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2426364
It may be of interest to members on this list whose research touches on lawmaking and law enforcement in China, criminal law, and capital punishment. Below please find the abstract. Comments are welcome.
A side note, the paper was already in the final round of edition by the journal at the time of the Qingdao pipeline explosion, so I didn’t discuss it in the paper. It’s clear from my research that this would probably not be the last one.
Abstract:
Does law matter in China? According to previous studies, a Chinese law matters in the sense of having measurable effects if it serves vital state interests, is enforced by powerful agencies, and is clear and specific in its statutory language. From all the statutes enacted or amended since 1995, I find one that satisfies all these conditions—the Law on the Protection of Oil and Natural Gas Pipelines. Empirical analysis of the statute’s implementation, however, produces puzzling results. The statute serves core state interests. It is enforced by arguably the most powerful government agencies in China, and the statutory language is clear and specific. Yet, the enforcement of the law shows no impact on the safety of the oil pipelines. Solving this empirical puzzle requires a new theoretical perspective. Because of the weak judiciary and the fragmented state structure in China, legislation and subsequent implementation of a formal rule turns on the power distribution of the implicated parties. A statute therefore may be a mere codification of the status quo that reflects the existing power distribution: hence, the lack of measurable effects of the formal legal change. The findings of this study contribute to the literatures on lawmaking and law enforcement in China, and criminal law and punishment, especially the use of capital punishment.
