Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
When Do Chinese National Ministries Make Law?, Wei Cui
When Do Chinese National Ministries Make Law?, Wei Cui
All Faculty Publications
This paper documents some basic empirical facts about the issuance of formal regulations (FRs) and informal policy directives (IPDs) by China’s national ministries and agencies from 2000 to 2014. Prior scholarship (e.g. Cui 2011, Howson 2012) depicts specific instances of Chinese national agencies announcing substantive new policies (many ultra vires by statutory standards) through IPDs. I use FR and IPD quantities as measures of the agencies’ propensity to resort to legal as opposed to non-legal, merely bureaucratic mechanisms for announcing policy. I find significant variations across agencies in the quantities of FRs issued, both in absolute terms and relative to …
Decentralizing Legislation In China’S Law On Legislation Amendment, Wei Cui, Jiang Wan
Decentralizing Legislation In China’S Law On Legislation Amendment, Wei Cui, Jiang Wan
All Faculty Publications
We present a novel account of China’s recent move to decentralize legislation through amending the Law on Legislation (LL). Conventional wisdom pervading both Chinese political discourse and social scientific scholarship on China portrays law as incompatible with experimentation and as only suitable for codifying policies adopted after experimentation. Moreover, the value of legislatures is viewed as lying in their independence from the executive branch. We highlight rationales offered by the Chinese Communist Party for the LL amendment that repudiate these assumptions: the Party proclaimed the intention to promote lawmaking as a central instrument of policy experimentation; moreover, the Party’s intervention …