{"title":"Cooperative federalism with Chinese characteristics","authors":"Yan-Ye Lin","doi":"10.1080/10192557.2023.2181759","DOIUrl":null,"url":null,"abstract":"ABSTRACT\n In China, the dynamics of the central–local relations vary significantly within legislative, executive, and judicial branches. In the field of law enforcement oversight, signs of cooperative federalism have emerged, presenting a drastic contrast to the unitary system. The lacking of a legal basis to directly supervise local governments forces the National People’s Congress Standing Committee to actively seek cooperation from local governments. Three different approaches have been applied by the top legislature to achieve the goal. Easing the resistance from local governments through delegating the oversight power represents a move of compromise. Removing hurdles affecting law enforcement, reducing law enforcement cost, and soliciting suggestions on statutory revision from localities is a form of reciprocity. Eliminating local protectionism, enhancing cross-regional law enforcement, and sharing law enforcement experiences is an act of altruism.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"31 1","pages":"289 - 307"},"PeriodicalIF":1.0000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asia Pacific Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/10192557.2023.2181759","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT
In China, the dynamics of the central–local relations vary significantly within legislative, executive, and judicial branches. In the field of law enforcement oversight, signs of cooperative federalism have emerged, presenting a drastic contrast to the unitary system. The lacking of a legal basis to directly supervise local governments forces the National People’s Congress Standing Committee to actively seek cooperation from local governments. Three different approaches have been applied by the top legislature to achieve the goal. Easing the resistance from local governments through delegating the oversight power represents a move of compromise. Removing hurdles affecting law enforcement, reducing law enforcement cost, and soliciting suggestions on statutory revision from localities is a form of reciprocity. Eliminating local protectionism, enhancing cross-regional law enforcement, and sharing law enforcement experiences is an act of altruism.