The Political Role of the People’s Court and Authoritarian Regime Resilience: The Revision of the Environmental Protection Law in China

2017 ◽  
Vol 53 (04) ◽  
pp. 1750012
Author(s):  
HIROKO NAITO

This paper demonstrates how the Chinese Communist Party (CCP) designed the political role of the People’s Court for authoritarian regime resilience. In particular, the case of the revision of the Environmental Protection Law (EPL) is selected because it was the first law in China to give detailed rules for public-interest trials. To illustrate the process by which the law was made, the paper is divided into three parts: (1) the practice of local governments before the revision of the law, (2) central government inspections in the provinces during the period that the law was being made, and (3) the revision process of the EPL in the National People’s Congress. From this analysis, the paper concludes that the CCP streamlined the litigation process because it wanted to use the People’s Court system as a tool to collect and understand citizen complaints, which it could then use to manage the issues of social stability.

1991 ◽  
Vol 11 (3) ◽  
pp. 291-313 ◽  
Author(s):  
David Marsh

ABSTRACTIt is widely believed by political scientists that the Thatcher Governments transformed British industrial relations and ‘curbed union power’. In contrast, most industrial relations scholars have argued that despite the legislative onslaught relatively little has changed on the shopfloor. This paper examines both claims. Much has changed in Britain since 1979. In particular, the political role of unions has altered substantially. Unions in 1991 are infrequently consulted and have very little influence. In addition, the legislative framework within which unions operate is very different; their activities are much more circumscribed by the law than previously. But much less has changed on the shopfloor; for example, there is limited evidence of a major move to derecognise unions or restrict collective bargaining. Governments can only set the legislative framework within which shopfloor industrial relations operate; it cannot determine outcomes.


2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Antung Deddy Radiansyah

Gaps in biodiversity conservation management within the Conservation Area that are the responsibility of the central government and outside the Conservation Areas or as the Essential Ecosystems Area (EEA) which are the authority of the Regional Government, have caused various spatial conflicts between wildlife /wild plants and land management activities. Several obstacles faced by the Local Government to conduct its authority to manage (EEA), caused the number and area of EEA determined by the Local Government to be still low. At present only 703,000 ha are determined from the 67 million ha indicated by EEA. This study aims to overview biodiversity conservation policies by local governments and company perceptions in implementing conservation policies and formulate strategies for optimizing the role of Local Governments. From the results of this study, there has not been found any legal umbrella for the implementation of Law number 23/ 2014 related to the conservation of important ecosystems in the regions. This regulatory vacuum leaves the local government in a dilemma for continuing various conservation programs. By using a SWOT to the internal strategic environment and external stratetegic environment of the Environment and Forestry Service, Bengkulu Province , as well as using an analysis of company perceptions of the conservation policies regulatary , this study has been formulated a “survival strategy” through collaboration between the Central Government, Local Governments and the Private Sector to optimize the role of Local Government’s to establish EEA in the regions.Keywords: Management gaps, Essential Ecosystems Area (EEA), Conservation Areas, SWOT analysis and perception analysis


Theoria ◽  
2020 ◽  
Vol 67 (165) ◽  
pp. 92-117
Author(s):  
Bronwyn Leebaw

What kinds of lessons can be learned from stories of those who resisted past abuses and injustices? How should such stories be recovered, and what do they have to teach us about present day struggles for justice and accountability? This paper investigates how Levi, Broz, and Arendt formulate the political role of storytelling as response to distinctive challenges associated with efforts to resist systematic forms of abuse and injustice. It focuses on how these thinkers reflected on such themes as witnesses, who were personally affected, to varying degrees, by atrocities under investigation. Despite their differences, these thinkers share a common concern with the way that organised atrocities are associated with systemic logics and grey zones that make people feel that it would be meaningless or futile to resist. To confront such challenges, Levi, Arendt and Broz all suggest, it is important to recover stories of resistance that are not usually heard or told in ways that defy the expectations of public audiences. Their distinctive storytelling strategies are not rooted in clashing theories of resistance, but rather reflect different perspectives on what is needed to make resistance meaningful in contexts where the failure of resistance is intolerable.


Author(s):  
Ruxin Wu ◽  
Piao Hu

Central environmental protection inspections have completed their goal of full coverage of 31 provinces in China, and more than 17,000 officials have been held accountable. The media has evaluated the effectiveness of central environmental protection inspections using the notions of “instant results” and the “miracle drug of environmental governance.” Can this approach effectively promote local environmental governance? This paper takes the treatment effect of central environmental protection inspections on air pollution as an example. Using the method of regression discontinuity, central environmental protection inspections are found to have a positive effect on the air quality index (AQI), but this effect is only short term and unsustainable. Additionally, there are inter-provincial differences. Judging from the research results on sub-contaminants, the treatment effect of central environmental protection inspections on air pollution is mainly reflected in PM10, PM2.5 and CO. Under the current situation in which PM10 and PM2.5 are the main assessment indexes, this phenomenon indicates that due to the political achievements and promotion of local officials and for reasons of accountability, it is more effective for the central government to conduct specific environmental assessments through local governments than to conduct central environmental protection inspections.


1965 ◽  
Vol 8 (2) ◽  
pp. 179-200
Author(s):  
J. H. Shennan

The most recent biographer of Montesquieu has written:…the similarity between the ideas of the former president a tnortier and those of the parlements is sometimes striking.…The king, they admit, is the legislator and the fount of justice. The parlements, however, are the repositories of his supreme juris-diction. To remove it from them is to offend the laws of the state and to overthrow the ancient legal structure of the kingdom.…This tradition of the parlements inspired and was inspired by the political doctrine of Montesquieu; and when the President writes of the monarchy of his own day…as being the best form of government that men have been able to imagine, it is monarchy supported by this tradition which he has in mind.


Res Publica ◽  
1970 ◽  
Vol 38 (2) ◽  
pp. 371-384
Author(s):  
Lode Van Outrive

We set out by tracking the political vicissitudes of the administration of justice and their connections with a range of phenomena: the neglect by politicians; a series of events and scandals and the very curious reactions of the judicial apparatus; several parliamentary investigation commissions without much effect. Then we take a critical look at partisan politicisation of the magistrature: negative evalution of their output thrives to it; but there are also partisan appointments and promotions, even absence and refusal of training. Many contextual factors hinder a normal, acceptable process of politicisation: over- and underregulation, bad legislation, misconception on contra! over the administration of justice and over judges, non-democratic decisionmaking within the organisation of the magistrature, the development of wrong relationship inside the trias politica; but also other more external conditions were not met neither.  We wind up with an examination of the assesment of recent governmental proposals: an improvement of criminal and judicial inquiries; foundation of a national advisory body for the magistrature; simplification of the legislation; modernisation of the courts activities; a more objective recruitment and selection system; more easy access to justice etc. The question raises as to wether it suffices to tinker with the sy stem of the administration of justice alone ... Between the Belgian and the Italian situations are similarities and relevant differences. 


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