Old wine in new bottles: a county-level case study of anti-corruption reform in the People’s Republic of China

This paper examines the role of the target-based responsibility system for building upright Party style and clean government in combating corruption in local China. It argues that the effectiveness of the target-based responsibility system in corruption control is compromised by a number of implementation hurdles in practice. Based on a close examination of one county, Shaanxi Province in the northwest China, this study shows that low measurability of the targets, the conflict between anti-corruption work and other evaluation targets, and the impact of patronage politics account for the implementation failure of the target-based responsibility system. The fundamental problem lies in that under China’s unified cadre personnel management system, political will can interfere with the handling of corruption on a case-by-case basis, no matter what kind of anti-corruption mechanism is employed. Under this context, the adoption of the target-based responsibility system in fighting corruption results in nothing more than “pouring old wine into new bottles.”

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From foreign trade to international investment: a new step in China’s integration with the world economy

China’s economic strategy is facing new challenges arising from the changes in the world economy as well as in its domestic conditions. Given the sluggish global economy and the rise of protectionist policies, China cannot expect external demand to contribute to its economic growth as much as in the past. On the domestic side, the working age population has ceased to increase and will soon diminish; rising domestic costs will force Chinese exporters to shift from price competitiveness to quality upgrading and to build new comparative advantages. An important dimension of China’s new strategy will be the expansion of its direct investment abroad. China which has already become the leading world exporter and has been up to now a major recipient of foreign direct investment is likely to turn out to be a major international investor. China has accumulated large foreign assets which mainly consist of foreign government debt securities and is now aiming at diversifying its external assets through promoting Chinese firms’ investment abroad.     

China’s ten years in the wto: its performance and new challenges

Becoming a member of the WTO in 2001 was a historic event of great significance during the process of China’s reform and opening up. Since then, China has steadily pushed forward the reform and opening up policy, proactively seizing the opportunities of economic globalization and positively utilizing the multilateral trading system to develop economic and trade relations with other countries, all of which have contributed to the great economic and social achievements during the first decade of 21st century. However, there are different opinions on China’s futuristic role in the WTO, and those disagreements resulting from various interest preferences are not only one-sided and limited, but also triggering off the discussions on the criteria to assess China’s performance in the WTO. This article argues that China’s activities in the WTO (i.e., implementing WTO commitments, participating in the Doha Round negotiation, the dispute settlement and trade policy review) should be a kind of assessment criteria. Based on comprehensive observation of China’s performance in the WTO, it is concluded in this article that China’s participation in the WTO system and global trade governance extends the scope of world trade law, improves its effectiveness, constitutes China’s new contributions to implement treaty obligations in good faith, resolves peacefully international trade disputes, and maintains substantively the international rule of law. At the same time, it has not only caused new driving forces for international trading system, but also made China face new challenges in the WTO.     

Towards a Global Regulatory Framework for Cross-Border Data Flows—Fundamental Concerns and the China’s Approach

Cross-border data flows not only involve cross-border trade issues, but also severely challenge personal information protection, national data security, and the jurisdiction of justice and enforcement. As the current digital trade negotiations could not accommodate these challenges, China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system, including control system for overseas transfer of important data, system of crossborder provision of personal information, and system of cross-border data request for justice and enforcement. To explore a global regulatory framework for cross-border data flows, legitimate and controllable cross-border data flows should be promoted, supervision should be categorized based on risk concerned, and the rule of law should be coordinated at home and abroad to promote system compatibility. To this end, the key is to build a compatible regulatory framework, which includes clarifying the scope of important data to define the “Negative List” for preventing national security risks, improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure, and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.     

Children’s and parents’ involvement in care order proceedings: a cross-national comparison of judicial decision-makers’ views and experiences

This paper presents the views of judicial decision-makers (n = 1794) in four child protection jurisdictions (England, Finland, Norway, and the USA (California)), about whether parents and children are provided with appropriate opportunities to participate in proceedings in their countries. Overall, the study found a high degree of agreement within and between the countries as regards the important conditions for parents’ and children´s involvement, although the four systems themselves are very different. There was less agreement about children’s involvement than parents’, and the court decision-makers from Norway and Finland were more likely to express doubts about this. Nevertheless, the main message from the judicial decision-makers is that they are relatively satisfied as to how parents’ and children´s involvement is handled in their countries. Whether or not this confidence is justified, the emphasis on achieving effective involvement of children and parents in court proceedings is likely to grow, with major implications for the workers, decision-makers and agencies involved.     

Europe’s new deal: a new version of an expiring deal

The article elaborates upon the reasons of institutional default (Part 1) and, in turn, upon the implications of economic default in Europe (Part 2). In relation to the reasons of institutional default, the paper cast light on three broadly interrelating elements: First, the conceptual issue that the EU has been operating as a community without democracy, which was clearly illustrated in the case of the economic crisis (Sect. 2.1). Second, the structural issue that EU democracy, where applicable, was deprived of politics, in the sense that founding ideology has been completely superseded by the inflexible dominance of free market (Sect. 2.2). And, third, the technical issue that EU politics, where applicable, especially after the Euro-zone launching, lacked principles that could keep the community intact (Sect. 2.3). In relation to the implications of economic default, the paper reveals three salient features. First, the political impact, namely that Europe seems to be puzzled by a sharp division between stability/cohesion and growth/monetarism, which mutates the essential mainstays of a Community (Sect. 3.1). Second, the social impact, i.e. increase of discrepancies within the EU, mostly as a result of diminution of labour rights and the correlating destruction of cohesion (Sect. 3.2). And, third, the psychological impact, which revolves around two antithetical poles, namely stereotyping and nationalism (Sect. 3.3). The epilogue reflects the view that the current depression is both a disaster and an opportunity for Europe, therefore the old messianic deal of the European integration needs an afresh look within the frame of democratic legitimacy and accountability and with an essential preservation of social state.     

The impact of international human rights norms—a “law undergoing evolution”

Abstract

In this paper, the author outlines the history of, and reasons for, the growing impact of international human rights jurisprudence upon the work of judges in New Zealand, Australia, England and elsewhere in the Commonwealth of Nations. Formerly, international and domestic law were virtually entirely separate. But now, there is increasing legal authority to support the use of international human rights jurisprudence in domestic judicial decision‐making. It can be done in the application of constitutional or statutory provisions reflecting universal principles stated in international treaties. But, according to the Bangalore Principles, it can also be done where there is a gap in the common law or where a local statute is ambiguous. The judge may then fill the gap or resolve the ambiguity by reference to international human rights jurisprudence which will ensure that domestic law conforms, as far as possible, to such principles.

In its decision in Tavita, the New Zealand Court of Appeal declared this to be “a law … undergoing evolution”. The author outlines some of the impediments and problems for the evolution. But he also collects the reasons why it is a natural and inevitable phase of the common law in the current age. He suggests that judges should be aware of the developments. In appropriate cases, they should inform their decisions with relevant international human rights jurisprudence. That will at least ensure that they develop domestic human rights law in a principled way, consistently with international law, and not in an idiosyncratic fashion “discovering” new fundamental rights which may otherwise be criticised as mere judicial invention.     

China’s private international law (1978–2008)

Since 1978, China’s private international law has made great achievements in publication of textbooks and reference materials, translation of foreign works, academic research, construction of subjects and disciplines as well as participation in international exchanges. The research on academic issues, to some extent, has helped to address various puzzles in legislation, judicature and construction of the discipline of China’s private international law, and has formed some theories in the representation of “one body of two wings.” Although there are still some flaws and issues, Chinese scholars in this field have both the capability and the mission to create a theoretical system for private international law with Chinese characteristics.     

China’s growth adjustment: moderation and structural changes

The recent slowdown in the Chinese economy is interpreted in two dimensions: a long-run, structural shift toward a moderation in China’s earlier high growth pace, and a short-run, mainly cyclical, adjustment to the earlier economic overheating. Main causes of the long-run shift are export deceleration, rising wage compensation, and higher energy import dependence, which all tend to lead Chinese investment growth and economic growth to scale down now and in the future, though possibly continuing on a fairly high pace around 8 %. On the other hand, the short-run one is a correction process, often complicated by external shocks. When policy over-reacts, the process of growth moderation—the long-run shift—would be possibly delayed. A more prudent macroeconomic policy should help China to carry through the task of growth adjustment. The process also bears significant implications for structural changes and rebalancing: convergence between consumption growth and investment growth; convergence between import and export growths; convergence in economic growth between China’s inland and coastal regions.     

Corruption in China’s economic reform: a review of recent observations and explanations

Corruption is a universal phenomenon of public institutions. It is markedly more pervasive in developing and transitional societies. China, with rapid economic growth for two decades, has been deeply troubled by the problem of official corruption at all levels in the public sector. The paper reviews the literature in the last 15 years which examines Chinese corruption from either a theoretical or empirical approach, by qualitative or quantitative methods in observation. Based on more than 30 studies with a focus on the related topic, the review covers issues of Chinese corruption data and statistics, theoretical explanations and China’s strategies of fighting corruption as well as critique.

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The struggle over Turkey’s Il?su Dam: domestic and international security linkages

While on the surface the Turkish state appears to have asymmetrical power vis-à-vis downstreamers and local societal opponents, and therefore, the ability to shape basin politics, domestic, basin and international protest over the ‘securitised’ Il?su Dam in Turkey proved more decisive in that respect. A cornerstone of the GAP (Güneydo?u Anadolu Projesi, Southeast Anatolia Project) multi-dam project to harness the water from the Euphrates and Tigris, the dam project elicited successful resistance from Turkey’s downstream neighbours, social and environmental NGOs and professionals targeting the international donors and contractors. On the basis of document research and interviews, this article investigates which factors opened up the space for politicising the project, and how this politicisation played out in both the domestic and international domain. The link between the securitised (where water is almost by default a security issue) and non-securitised spheres of hydropolitical decision-making (where it is not) proved crucial to the success of the anti-dam opposition.     

Norms,law and social change: Nigeria’s anti-corruption struggle, 1999–2017

Corruption is notoriously persistent in Nigeria notwithstanding the panoply of laws deployed over the years against it. This article argues that the factors constraining the effectiveness of laws in the fight against corruption are to be found not in the laws, but in the larger societal matrix of resilient social norms and institutions, which constitute the environment of corruption in the country. The environment thus constituted is either conducive to, or largely tolerant of, corruption. The article then suggests that the anti-corruption effort, to be successful, must engage broadly with the environment by instigating social change.     

Child-related leave and women’s labour market outcomes: towards a new paradigm in the European Union?

The current European Union (EU) legislative framework on child-related leave is facilitating an imbalance in the take-up of leave by women over men. There is a consolidated EU right to maternity leave for mothers but there is no parallel EU right to paternity leave for fathers. The EU right to parental leave is for both working mothers and fathers, but its design does not encourage an equal take-up by women and men. The aim of this article is to gain insight into the effects of child-related leave on women’s labour market outcomes. On the one hand, it reviews and analyses economic literature which points to the adverse consequences of leave on women’s earnings, and even on women’s labour market participation when the absences from work are very prolonged. On the other hand, it underlines the new direction followed by the European Commission towards greater equality between men and women at home and at work.     

China’s alternative remittance system: channels and size of “hot money” flows

As the Federal Reserve engages in its second quantitative easing monetary policy, global emerging economies will suffer a shock of 600 billion dollars of funds. What is more, the Federal Reserve will continue to follow a policy of quantitative easing, and some of these excess dollars will flow into China and other emerging markets through alternative remittance channels. Excess liquidity may become “hot money” that disrupts the capital market and intensifies macroeconomic instability. This paper first studies the basic operational principle of the alternative remittance system as well as its actual operation in China. After examining domestic and foreign scholars’ research methods with respect to the alternative remittance system, we estimate the size of hot money flowing through the alternative remittance system in China by building an Error Correction Model and analyze the difference between the result we calculate from it and the actual amount. Then based on this, we put forward comprehensive policy recommendations to regulate and supervise the alternative remittance system in China in terms of underground banks, trade fraud and foreign investment activity.     

Economic Crime and Casinos: China’s Wager on Macau

Notwithstanding the results of some empirical studies, casinos and gambling are widely considered to be breeding grounds for a range of deviant behavior and criminal offenses. As one writer expressed it, “the world of gambling offers a portfolio of anonymous expenditure” which allows for money laundering and other illegal activities associated with the legal operation of casinos. This paper examines economic and white-collar criminal activities and case histories of offenses related to Macau’s growing casino industry, now the highest revenue generating in the world. A Portuguese colony from 1557 until 1999 when it was returned to China, Macau is a Special Administrative Region (SAR) with its own governing officials operating under the PRC maxim of “one country, two systems.” The dramatic recent growth of the casino industry in Macau offers a unique opportunity to examine issues of economic crime and law enforcement within the context of the People’s Republic of China’s recently acquired political and economic stewardship in this SAR. The paper documents white-collar and organized crimes that present new challenges and risks to China now that Macau has become an international marquee.     

Towards a new generation of CCTV networks: Erosion of data protection safeguards?

CCTV networks are progressively being replaced by more flexible and adaptable video surveillance systems based on internet protocol (IP) technologies. The use of wireless IP systems allows for the emergence of flexible networks and for their customization, while at the same time video analytics is easing the retrieval of the most relevant information. These technological advances, however, bring with them threats of a new kind for fundamental freedoms that cannot always be properly assessed by current legal safeguards. This paper analyses the ability of current data protection laws in providing an adequate answer to these new risks.     

Economic Crime and China’s High-Speed Railway: a Case Study of the Wenzhou Crash

Asian Journal of Criminology - China’s current structural dynamic of rewarding officials for generating vigorous and unprecedented growth is a double-edged sword: such a strategy assures...     

Young Children’s Exposure to Intimate Partner Violence: Towards a Developmental Risk and Resilience Framework for Research and Intervention

This article employs a developmental risk and resilience framework to examine the impact of exposure to intimate partner violence on young children, particularly those facing economic hardship. In doing so, it reviews and weaves together two separate literatures, one on emotional and behavioral development in high-risk settings and the other on children exposed to adult domestic violence. The article ends by pointing to the need for further research and the promise that early interventions hold for helping children who are exposed to intimate partner violence and living in poverty.