While China has made great strides in establishing environmental laws and enforcing environmental regulation, problems of non-compliance and weak and slow enforcement remain. This contribution analyses cases of suboptimum enforcement and the political campaigns that have been undertaken to deal with them. It will argue that enforcement problems are rooted in a lack of local legitimacy caused by conflicting interests of stakeholders. The case of Chinese environmental law enforcement holds lessons beyond its regional scope, about the role of law in balancing interests. Law itself does not exist in a vacuum: on the contrary, it is very much the result of conflicting interests and can be seriously challenged by the need to balance these interests. The use of political campaigns to enhance enforcement in China shows that the flexibility of political short-term policy instruments can offer incremental improvements to enhance the balance between the conflicting interests themselves and their relation with the legal system.
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.
This study examines changes in enforcement styles among environmental enforcement officials in the context of China's rapidly changing institutional environments, using panel data collected in Guangzhou in 2000 and 2006. Altogether, five enforcement style elements were examined ö accommodation, prioritization, educational, formalism, and coercion. It was found that in 2006 respondents reported greater reliance on education, formalism, and coercion than in 2000. During the same period 2000^06, no significant changes were found for the enforcement styles of accommodation and prioritization or in the respondents' perceptions of their organization's enforcement effectiveness. From regression models in which enforcement styles were used to predict perceived organizational enforcement effectiveness, it was observed that the coefficient for formalism had changed substantially over this period, from being significantly negative to significantly positive, which may be evidence of a general shift from`rule by man' to`rule by law' in China. This study has benefited from the concept of regulatory enforcement style elements, as it allows for an empirical understanding of regulatory enforcement beyond the common and normative dichotomy of deterrence versus cooperation.
The COVID-19 mitigation measures require a fundamental shift in human behavior. The present study assesses what factors influence Americans to comply with the stay at home and social distancing measures. It analyzes data from an online survey, conducted on April 3, 2020, of 570 participants from 35 states that have adopted such measures. The results show that while perceptual deterrence was not associated with compliance, people actually comply less when they fear the authorities. Further, two broad processes promote compliance. First, compliance depended on people’s capacity to obey the rules, opportunity to break the rules, and self-control. As such, compliance results from their own personal abilities and the context in which they live. Second, compliance depended on people’s intrinsic motivations, including substantive moral support and social norms. This paper discusses the implications of these findings for ensuring compliance to effectively mitigate the virus.
Chinese pollution victims have increasingly started to resort to political and legal action to protect their interests. This paper analyzes such activism by studying how citizens identify the necessity to initiate action against pollution and by investigating the obstacles they meet when attempting to take action. The paper highlights the importance of state and intermediary institutions to aid citizens in understanding the seriousness of pollution and overcoming the obstacles they face. It shows, however, that often such aid is not available, and that state institutions when aligned with industrial interests restrict rather than support citizen action. When this occurs, citizen activism becomes an isolated affair, resulting in adversarial relations with state and industry, sometimes escalating to violence and repression of activists. The paper concludes that isolated activism forces a new look at concepts such as 'embeddedness' and 'rightful resistance' to capture citizen activism and contentious politics in China.
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