Understanding China, One Blog at a Time

An American in China

Difficulty of Enforcing Laws in China

Posted by w_thames_the_d on April 9, 2011


From Donald C Clark

For many issues, there is simply no single institution that has the authority, the power, and the desire to have the last word. As a 27 result, what appears at times to be a kind of anarchy in the system, where government agencies do not follow the law, is perhaps better explained as a kind of hyper archy, where there are too many legal authorities, each empowered to make law for as far as it has the power to stretch its jurisdiction, and there exists no institution capable of discovering and reducing inconsistencies. How, and indeed whether, this area of enterprise law can be reformed is indeed a puzzle. More and better National People’s Congress legislation is not the solution, because part of the problem is that NPC legislation is not recognized by courts and government agencies as the sole legitimate source of corporate existence. The current state of affairs is likely to continue until political changes occur that reduce the number of centers of legal power. 28

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