Enforcement In China Research Articles

Environmental Reviews and Case Studies: “Environmental Protection Bureau, 2.0”: China's Environmental Courts as Enforcement Institutions

This article examines the impact of environmental courts on environmental enforcement in China. Situating the environmental courts within the long arcs of environmental lawmaking and environmental enforcement in China, where a fractured bureaucratic state increasingly drives patterns of experimentation, this article argues that Chinese environmental courts are best understood as “Environmental Protection Bureaus 2.0.” That is, rather than courts in the traditional legal understanding of the term, it is more productive to think of China's environmental courts as another bureaucratic actor. The courts' entrance into an increasingly crowded environmental enforcement hierarchy increases competition and collaboration with traditional and newly created enforcement institutions. This in turn results in institutional feedback that could heighten environmental protection outcomes. The article concludes by briefly examining what these dynamics mean for environmental federalism in China.Environmental Practice 15:441–461 (2013)

Loan collateral and financial reporting conservatism: Chinese evidence

We examine the relation between the use of collateral and financial reporting conservatism for a sample of Chinese firms. In the absence of flexibility in risk pricing through interest rates and strong contract enforcement in China, we find that lenders reduce collateral requirements from more conservative borrowers and that this negative relation is significantly moderated by borrowers’ poor credit quality and low asset tangibility. Our finding that conservatism can result in a tangible benefit in the form of lower collateral requirements indicates that lenders value financial reporting conservatism. However, the benefit from financial reporting conservatism is muted as lenders become more concerned about borrowers’ default risk or ability to pledge tangible assets as collateral against loans.

Loan Collateral and Financial Reporting Conservatism: Chinese Evidence

We examine the relation between the use of collateral and financial reporting conservatism for a sample of Chinese firms. In the absence of flexibility in risk pricing through interest rates and strong contract enforcement in China, we find that lenders reduce collateral requirements from more conservative borrowers and that this negative relation is significantly moderated by borrowers’ poor credit quality and low asset tangibility. Our finding that conservatism can result in a tangible benefit in the form of lower collateral requirements indicates that lenders value financial reporting conservatism. However, the benefit from financial reporting conservatism is muted as lenders become more concerned about borrowers’ default risk or ability to pledge tangible assets as collateral against loans.

Stability and Anticorruption Initiatives: Is There a Chinese Model?

China is a high-corruption state. Yet, despite its prevalence and entrenchment, corruption has not undermined China’s economy, social stability and the political legitimacy of the Chinese Communist Party. Corruption inches in, and the Party fights back. Corruption and anti-corruption efforts have reached a stalemate. One conventional explanation of China’s ability to manage the impact of corruption is China’s “authoritarian resilience”. A neglected aspect in the authoritarian thesis is the degree to which China is learning from the international best practice based on the principles of transparency, the rule of law and public participation. In enhancing anti-corruption enforcement, the Party has done more than it is willing to admit in creating institutions that may in the long run pose serious challenges to its rule. This paper argues that anticorruption enforcement in China goes beyond relying on the authoritarian measures, such as extra-legal detention or the use of the death penalty. The fact that the Party can still hold on to its position in the battle against corruption can be better explained by the Party’s ability to learn from overseas experiences and to introduce a series of anticorruption initiatives which are rule-of-law based, transparency-centered and democracy-driven. One of the best examples of China’s extensive borrowing from international best practices is China’s active participation in the United Nations Convention against Corruption (UNCAC) and the faithful implementation of the relevant treaty obligations. Interestingly, while China pushes back any UN-based supervisory mechanism in the broadly defined human rights areas, it has followed in good faith the recommendations of the UNCAC. While a reform initiative may be doomed if it is introduced to improve citizens’ civil and political rights, it becomes possible when introduced to enhance anticorruption enforcement.

An Evaluation of the Enforcement of China's Anti-Monopoly Law in 2008-2013

The Anti-Monopoly Law of the People’s Republic of China became effective on 1st August 2008. The last five years have seen a decent number of progresses made by the Chinese competition authorities. This article aims to evaluate the enforcement of the AML at its fifth anniversary. It first introduces the process of establishing competition authorities and the adoption of enforcing guidelines, and then provides an overview of public and private enforcement taking place in 2008-2013. The initial impression leads to a finding of in general dissatisfaction from the Chinese public. Nevertheless after an in-depth analysis this article identifies three underlying reasons accounting for such a situation. In the end, some general comments are offered.

Stock Market Regulation in China

The regulation of stock trading and its enforcement in China has three particularly distinctive features - centralized regulation; government intervention; China is a transition economy. CSRC regulates the stock market. Most of these regulations seem to hold back the further development of the stock market from a contemporary point of view, and thus should be relaxed. In this paper, the author has dealt with various regulations pertaining to the stock market.

Verification methods and antenna horizontal beamwidth of across-the-road radar for traffic speed enforcement in China

Across-The-Road (ATR) radar is the most common type of traffic speed measurement devices used in China for traffic law enforcement. Its speed measurement accuracy is highly concerned by drivers, lawyers, policemen and metrologists as well. Among those influence factors, antenna horizontal beamwidth is an important one, which has not been taken into account in the current verification regulation of ATR radar in China. In this paper, the current verification methods of ATR radar in China are firstly introduced, and the reason for the field measurement error of ATR radar is analyzed. The speed measurement error of ATR radar related to antenna horizontal beamwidth is investigated in details, and theoretically calculated in various combinations of installation angles and horizontal beamwidths. Field tests with three equal-distanced piezo sensors each lane as triggering reference have also been performed on two ATR radar samples with horizontal beamwidth 5° and 10° respectively. The results of theoretical analysis and field tests verify that antenna horizontal beamwidth smaller than 6° is a precondition for accurate and reliable field measurements, which has also been added to the newly published pattern approval regulation of ATR radar in China.

Is China Friendly in Enforcing Arbitration Awards? A Critical Analysis of Certain Aspects of Enforcement of Arbitral Awards in China in View of International Standards

The enforceability of arbitral award is per se the most salient feature differentiating arbitration from other means of alternative dispute resolution. However, one notable concern in international arbitration is the fact that losing parties often try to exploit legal subtleties in domestic law to avoid fulfilling their obligations according to the awards. This story is not only of no difference while enforcing awards in China but is arguably even more complicated. By scrutinising substantial aspects of Chinese arbitration law and enforcement procedures from a European lawyer’s eyes and perspectives, I found that the enforcement of awards in China, and the arbitration process itself, is hindered by a number of challenges. And given the important role that China has to play in the economic world, now and in the future, it is my view that it might be of assistance to European lawyers and businessmen to be aware of these important issues when considering arbitration and enforcement in China.

The Research on Monitor & Law Enforcement Mechanism for Sound Labor Relation in Liaoning Province

According to the related data from the department of monitor & law enforcement in Liaoning Province and combining the current situation of enforcing law and the development of labor relation enforcement in China, this paper set forth the problems of rights linking and communicating within enforcement mechanism itself and between government and enterprises, made research and analysis on cause and put forward a serial resolutions in addressing these problems by using for reference from experiences of labor relation outside. Key words : Labor relation; Monitor mechanism; The role of government; Enforcement mandatory; Labor union

Speed enforcement in China: National, provincial and city initiatives and their success

China is motorizing rapidly, with associated urban road development and extensive construction of motorways. Speeding accounts for about 10% of fatalities, which represents a large decrease from a peak of 17.2% in 2004. Speeding has been addressed at a national level through the introduction of laws and procedural requirements in 2004, in provinces either across all road types or on motorways, and at city level. Typically, documentation of speed enforcement programmes has taken place when new technology (i.e. speed cameras) is introduced, and it is likely that many programmes have not been documented or widely reported. In particular, the national legislation of 2004 and its implementation was associated with a large reduction in fatalities attributed to speeding. In Guangdong Province, after using speed detection equipment, motorway fatalities due to speeding in 2005 decreased by 32.5% comparing with 2004. In Beijing, the number of traffic monitoring units which were used to photograph illegal traffic activities such as traffic light violations, speeding and using bus lanes illegally increased to 1958 by April 1, 2009, and in the future such automated enforcement will become the main means of enforcement, expected to account for 60% of all traffic enforcement in Beijing. This paper provides a brief overview of the speeding enforcement programmes in China which have been documented and their successes.

The Effect of FDI on Host Country's Environmental Pollution: Evidence from Chinese Cities

With the increasing global competition, people worried that most foreign-funded enterprises have comparative advantage in pollution-intensive products due to the relatively relaxed environmental regulation and lax enforcement in China. This study examines the relationship between the foreign direct investment (FDI) and local pollution in china. Our results find that a city received more FDI may be not lead to higher pollution. In fact, FDI have a beneficial effect on local environment. Policy-makers should be to attract more foreign investment that openness could improve development China's environment by increasing local income, introducing more energy efficient production technology, and increasing competition and diving out less efficient factories. This suggests that the market-oriented economic reform improve the environment.

The Baidu Music Settlement: A Turning Point for Copyright Reform in China?

This paper is a case study of the legal aspects of Baidu’s online music distribution business from its inception in 2000 to the July 2011 settlement. After successfully withstanding several legal challenges over the 2005-2011 period, Baidu suddenly concluded an out-of-court settlement with a group of music distribution companies, under which Baidu would pay royalties for every track played and downloaded through its music distribution platform while acquiring legal distribution rights to music. The objective of the paper is to identify the factors behind Baidu’s surprising out-of-court settlement, elaborate on the significance of this agreement for copyright enforcement in China, and speculate on the future of digital content distribution in that country. We conclude that several factors, that singly may not have influenced Baidu to alter its music distribution model, combined to bring about this change. The Baidu settlement is therefore not a turning point, but a manifestation of a gradual but significant shift in intellectual property enforcement in China.

International Agreements and the Salience of Domestic Politics: Locus, Focus and Gradus. The Case of Fisheries Policy Reforms in China and Senegal

International environmental agreements aim at orienting national policies towards the promotion of more sustainable behaviors by national actors. However, international agreements can affect national policies only if states are willing and capable of incorporating international obligations into their national legislations (enactment) and ensuring their application (or execution) and enforcement. The article analyzes the domestic implementation of international fisheries agreements along their enactment, execution, and enforcement in China and Senegal. The comparison reveals the political complexity that accompanies national fisheries policy reforms promoted by international agreements in developing countries.

Antenna Beamwidths of Above-The-Road Radar for Traffic Speed Enforcement in China

Above-The-Road (AbTR) radar is a new type of speed measurement device used in China for traffic speed enforcement. The antenna beamwidths in vertical and horizontal directions are critical parameters for AbTR radar because speed measurement accuracy partly depends on vertical beamwidth and speed measurement interference from adjacent lanes can be effectively minimized by appropriate choice of horizontal beamwidth. In this paper, the speed measurement principle of AbTR radar is introduced and the reason for field speed measurement error is presented. The speed measurement error is theoretically calculated in various combinations of different vertical beamwidths and possible installation angles. The requirement for horizontal beamwidth to operate with less interference from adjacent lanes is also theoretically laid down with different installation heights and angles. Field tests with three equal-distanced piezosensors each lane as triggering references have been performed on an AbTR radar sample with vertical beamwidth 5.1° and horizontal beamwidth 5.2°. The results of theoretical analysis and field tests validate that the requirement of less than 6° for AbTR radar antenna beamwidths in vertical and horizontal directions is a precondition for accurate and reliable field measurements, which has been added to the China’s pattern approval regulation for AbTR radar devices newly published.

The enforcement of china’s anti-monopoly law during the financial crisis: A comparative study

The economic recession throughout the history has always been accompanied by relaxation or abandonment of anti-monopoly laws, but this crisis is not experiencing substantive recession of anti-monopoly law enforcement in major countries and regions. This has mainly resulted from the recognition that anti-monopoly law enforcement could ease adverse effects of economic recovery. Considering China’s short history of anti-monopoly law enforcement and consistent tradition of government intervention in the economy, more strict anti-monopoly law enforcement should be adopted, and more attention should be paid to government-led anti-competitive efforts.

The Upward and Downward Spirals in China's Anti-Corruption Enforcement

China's fight against corruption appears to have reached a stalemate. The fluctuation in the number of corruption prosecution, which was a characteristic of the official statistics until the early 1990s, has virtually vanished. Instead, one sees flat lines. The stalemate is surprising given the ideological and organizational adaptation in the fight of the Chinese Communist Party (CCP) against corruption. Ideologically, the CCP has enhanced its anti-corruption rhetoric and appears more determined than ever to control the spread of corruption. Organizationally, the CCP has increased investment in the anti-corruption establishment and provided additional financial and human resources to anti-corruption institutions. The high profile prosecution of high ranking officials in recent years and the imposition of harsh sentencing, including execution, contrast sharply with the larger institutional inertia. This paper examines anti-corruption enforcement in China. The CCP is taking a hands-on approach in tackling corruption and appears determined to clamp down hard on corruption, as demonstrated by the increase in prosecution of large-scaled corruption cases involving top CCP officials and the institutional renovation, though limited and piecemeal. However, it is clear that the anti-corruption action is taken largely by the CCP's anti-corruption central authority, the Central Committee of Disciplinary Inspection (CCDI). The CCDI takes direct action because local anti-corruption authorities are unable and unwilling to play an effective role.

A Comparative Analysis of Cybercrimes and Governmental Law Enforcement in China and the United States

Cybercrime has become a growing national and international concern because of its potential for widespread and devastating financial impact. Gauging the effect of cybercrimes is extremely difficult because of its multi-faceted nature and evolving definitions, especially in cross-culture analyses. Using data generated from cybercrime reports from two leading national newspapers during the past ten years, this study compares major cybercrimes and law enforcement in China and the United States. Similarities and differences between the two nations are highlighted and policy implications are presented based on these findings.

Characteristics of Public Participation in EA: the Potential to Improve Sustainable Environmental Management in China

Public participation as one of the key concepts underpinning the principles and practice of good governance has been attached more and more importance by Chinese government, however, the current situation suggesting that it is not yet ripe for full public participation in China. This study reviews the origin and current situation of public participation in China, and based on reviews and interviews carried out in 2009 it argues that the legislative provisions for public participation are still confined to high-sounding principles. It goes on to argue that its weak enforcement in China lies not only in the undefined procedure of public participation according to the regulations, but also in the degree of information disclosure and a lack of active consultation, amongst other reasons. With reference to experience of public participation in neighbouring Japan, some recommendations to improve the weaknesses are proposed.

Application of system dynamics for evaluating truck weight regulations

In the situation of prevailing overweight transportation and difficult enforcement in China, this paper develops a methodological framework for truck weight regulation evaluation using System Dynamics. Composed of five interrelated subsystems, the framework is able to capture the highway, vehicle and freight variables that influence the effect of TWR and transportation efficiency over time. It specifically describes the development and use of the Truck Weight Regulation Evaluating Model for the highway freight system in Anhui province, China. The simulation results show that, among three policy alternatives, the moderate policy approach is the most appropriate option to solve the social and economic problems arising from overweight transportation in Anhui. In addition, some suggestions of TWR policy in China are also made in this paper.

Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law

Official statistics and independent survey data show that in the last decade China has witnessed a remarkable change in its enforcement of environmental pollution violations, moving toward more formalistic and coercive law enforcement with more enforcement cases as well as higher fines. The data also show that there is considerable regional variation with coastal areas having more and higher punishments than those inland. This article explores these findings, seeking to understand the explanation and meaning of these temporal and regional variation patterns. The study shows how enforcement varies when there is a convergence of governmental, social, and economic institutional forces. The article argues that the basis for such convergence has been fragile, as national pressures have lacked consistency and local community and government support evaporates when dominant sources of income are at stake.