Law and Fair Work in China

Cooney, Sean; Biddulph, Sarah; Zhu, Ying

doi:10.4324/9780203073001

Cited by 49 publications

(29 citation statements)

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“…Third, the study offers new evidence to a growing body of empirical research evaluating the practical effect of formal legal changes in China (Burell & Svensson ; Cooney et al ; Cui et al ; Li ; Rooij ). Given the characteristics of the Statute and the context of the upgrade, the finding of noneffect highlights the inadequacy of the theories that treat law making and law enforcement in isolation.…”

Section: Contributions and Limitationsmentioning

confidence: 97%

“…Given the characteristics of the Statute and the context of the upgrade, the finding of noneffect highlights the inadequacy of the theories that treat law making and law enforcement in isolation. The two phases should be investigated as a dynamic interaction to understand what laws will be promulgated and when and how they will matter in China (Cooney et al ; Li ; Rooij ). As predicted by the organization model of legislation, the Statute largely codified the power distribution among the stakeholders in the NPCSC and the State Council (Lieberthal & Oksenberg ; Tanner ).…”

Section: Contributions and Limitationsmentioning

confidence: 99%

“…In China, the legislation of a comprehensive set of administrative laws and regulations aimed at reigning in abusive government agents and legitimizing the party's rule (Ginsburg ; Li ; Peerenboom ; Pei ). Once pollution caused serious social discontent, the Chinese government promulgated a series of formal rules and initiated institutional experiments for environmental protection (Stern ; Van Rooij ; Wang & Gao ), and to quench massive labor protests that threatened political stability, the Chinese government reformed its labor law system to a level of sophistication and protection exceeding, at least on paper, most OECD countries (Cooney et al )…”

Section: Introductionmentioning

confidence: 99%

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The Leviathan's Rule by Law

Li¹

2015

J Empirical Legal Studies

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How and how well do authoritarian states rule by law? Extant literature does not fully answer these questions. By analyzing a unique set of time‐series data and archives, this article investigates a variety of legal measures (the death penalty, formal judicial guidance, and the revision and upgrade of substantive rules) implemented by the Chinese government in response to a critical threat–pipeline vandalization. The findings of this study cast doubt on the alleged deterrent effect of capital punishment. Moreover, it finds the supreme judicial bodies in China to be ready servants of the state's core interests, yet their service adds marginal value as legal dynamics at the local level are shaped mainly by the power distribution of relevant parties. Furthermore, the statutory upgrade does not benefit, and may even harm, pipeline safety. As the upgrade codified the status quo of the bargaining between the oil SOEs and the local governments, the statutory allocation of primary protective responsibilities to the former might have relieved the latter from active participation in pipeline protection that is essential to preventing oil thefts. Findings from this research contribute to the literatures on Chinese law and politics, capital punishment, and the rule by law in authoritarian regimes.

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Section: Contributions and Limitationsmentioning

confidence: 97%

Section: Contributions and Limitationsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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The Leviathan's Rule by Law

Li¹

2015

J Empirical Legal Studies

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“…“This number,” highlighted by Gallagher and Dong (, p. 36), “far exceeded the comments received about other important and controversial laws.” On June 29, 2007, the government passed the Labor Contract Law after making successive amendments to accommodate competing demands from groups of various interests. Legal specialists (Cooney, Biddulph, & Zhu, ; Gallagher, Giles, Park, & Wang, ; Ngok, ) widely agree that the Labor Contract Law, coming into force on January 1, 2008, is the most significant piece of Chinese labor law reform in more than a decade.…”

Section: Prolabor Reforms and The Limitationsmentioning

confidence: 99%

State and labor in China, 1978-2018

Chan

2019

Journal of Labor and Society

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China's reintegration into global capitalism has greatly transformed migration patterns and labor relations since the late 1970s. This article focuses on worker activism in this transformation. It shows that the dynamic interactions between worker mobilization and government reaction have continued to shape the forms and outcomes of labor contention. Aggrieved workers have used legal and extralegal strategies to defend their rights and interests. In response, from the early 2000s, the leadership has sought to preserve social stability by raising minimum wages, extending social insurance coverage, and expanding access to grievance redress. But freedom of association remains severely restricted. Labor nongovernmental organizations and more recently a new generation of left‐wing university students have attempted to fill the representation gap to support workers in struggle. State and labor relations remain contentious in Chinese development.

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“…) but, coterminously with the recommodification of labour, a systematic attempt to construct the characteristic institutions of a labour market, including laws governing collective bargaining, social insurance and the individual employment contract (Cooney et al . ). Whether these diverse experiences signify the long‐term rise of the SER in countries currently undergoing industrialization, of the kind that parallels the European experience of a century ago (Deakin ), is perhaps too early to say.…”

Section: Introductionmentioning

confidence: 97%

Institutional Solutions to Precariousness and Inequality in Labour Markets

Adams

Deakin

2014

Brit J Industrial Rel

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It has become widely assumed that the standard employment relationship (SER) is in irreversible decline in industrialized societies. However, non‐standard and precarious work relationships often complement the SER via labour market transitions, and are not displacing it as the focal point of labour market regulation. The co‐ordination and risk management functions of the SER continue to be relevant in market economies, and the SER is adjusting to new conditions. The SER has a complex and evolving relationship to gender and to social stratification. In the European context where the SER originated and achieved its clearest legal expression, institutional solutions to precariousness and inequality are being developed, the most innovative of which avoid simple deregulation in favour of integrated policy responses involving a range of complementary regulatory mechanisms.

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Law and Fair Work in China

Cited by 49 publications

References 0 publications

The Leviathan's Rule by Law

The Leviathan's Rule by Law

State and labor in China, 1978-2018

Institutional Solutions to Precariousness and Inequality in Labour Markets

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