Doctoral Dissertation Research in Political Science: The Development of The Rule of Law in China

Regents Of The University Of Michigan - Ann Arbor, Ann Arbor MI

Investigators

Abstract

Unpredictability is an effective means of autocratic rule. Seminal works on property rights claim that democracies are characterized by the rule of law and protection of property rights (North and Thomas 1973; North 1990). However, empirical studies on the correlation between democracy and the rule of law are inconclusive. While some scholars have indeed found that democracies are more likely to protect property rights (Leblang 1996; Rigobon and Rodrik 2004), others find no relationship. Barro (2000) argues that the rule of law and protection of property rights occur in both democracies and dictatorships. This project is motivated by one puzzle: Why are dictators, with the means of repression in their hands, induced to make their own behavior predictable by building the rule of law? This research explains this puzzle in the context of sub-national China. The research consists of three parts: case studies, data collection, and survey research. Three cases are examined. These consist of three Chinese counties.The major goal of case studies was to refine the theory and measurements. We expect to spend 8 months in these counties. After the first stage of case studies, we extend the study to a large-N analysis. Cases of the large-N analysis include the 100 counties that were sampled in the survey "Institutionalization of Legal Reform in China" which was implemented in 2004 by Peking University's Research Center for Contemporary China. The a survey is used to obtain some subjective measures of the rule of law. The research has important theoretical and practical implications. Existing measurement of rule of law is often subjective and cross-national, for example, World Banks Transparency International and UNDP's Global Integrity. One important contribution this study will make is to create a data set of measures of the rule of law at the sub-national level within a nation. There is also a recent resurgence of social science interest in Chinese law, especially people's legal behavior and legal attitudes (e.g. Diamant, Lubman and O?Brien 2005; Gallagher 2006; Michelson 2007). Legal scholars have been focused on China's legal institutions (Lubman 1999; Peerenboom 2002), their analyses are good at descriptions but often fall short of causal analysis. This research fills this gap by bridging institutional analysis and behavioral studies and offers a micro-foundation for the development of rule of law in China. The study also has policy implications. China is entering several important international protocols, including the WTO, Kyoto Protocol, et cetera. After the national government signs agreements with the international community, previous failures of compliance call into question local governments' incentive to enforce these laws and regulations (Mertha 2005). This research provides a theoretical foundation for policy makers both in China and abroad to enhance means to guarantee enforcement.