{"title":"法院作为监督机构:以中国为例","authors":"Xiaoge Dong , Stefan Voigt","doi":"10.1016/j.irle.2022.106046","DOIUrl":null,"url":null,"abstract":"<div><p>This paper shows that courts are not only a crucial part of the rule of law in the conventional sense, but that they can also serve an important function in revealing information to the central government about the performance of lower level governments. When courts function in this informative way, the central government is able to improve the performance of lower level governments. After developing a general argument in that vein, the recent reforms to the Chinese court system are partially interpreted as an attempt to make the courts monitoring agents for the central government. Based on primary data from more than 1000 Chinese local courts, the argument is tested empirically and its hypotheses are largely confirmed.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Courts as monitoring agents: The case of China\",\"authors\":\"Xiaoge Dong , Stefan Voigt\",\"doi\":\"10.1016/j.irle.2022.106046\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>This paper shows that courts are not only a crucial part of the rule of law in the conventional sense, but that they can also serve an important function in revealing information to the central government about the performance of lower level governments. When courts function in this informative way, the central government is able to improve the performance of lower level governments. After developing a general argument in that vein, the recent reforms to the Chinese court system are partially interpreted as an attempt to make the courts monitoring agents for the central government. Based on primary data from more than 1000 Chinese local courts, the argument is tested empirically and its hypotheses are largely confirmed.</p></div>\",\"PeriodicalId\":47202,\"journal\":{\"name\":\"International Review of Law and Economics\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2022-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Review of Law and Economics\",\"FirstCategoryId\":\"96\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0144818822000023\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ECONOMICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Review of Law and Economics","FirstCategoryId":"96","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0144818822000023","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ECONOMICS","Score":null,"Total":0}
This paper shows that courts are not only a crucial part of the rule of law in the conventional sense, but that they can also serve an important function in revealing information to the central government about the performance of lower level governments. When courts function in this informative way, the central government is able to improve the performance of lower level governments. After developing a general argument in that vein, the recent reforms to the Chinese court system are partially interpreted as an attempt to make the courts monitoring agents for the central government. Based on primary data from more than 1000 Chinese local courts, the argument is tested empirically and its hypotheses are largely confirmed.
期刊介绍:
The International Review of Law and Economics provides a forum for interdisciplinary research at the interface of law and economics. IRLE is international in scope and audience and particularly welcomes both theoretical and empirical papers on comparative law and economics, globalization and legal harmonization, and the endogenous emergence of legal institutions, in addition to more traditional legal topics.