Legal Enforcement in China
Under the banner of ‘socialism with Chinese characteristics’ (中国特色社会主义), the People's Republic of China is experimenting with its own approaches to law enforcement – ranging from a social credit system to instruments of collective law enforcement.
On the one hand, the social credit system is intended to provide incentives for compliant behaviour. In the area of law enforcement, this translates into measures that use social pressure – based on the principle of ‘naming and shaming’ – to encourage debtors to settle their enforceable claims. Examples include the list of credit-unworthy debtors published online by the Supreme People's Court or restrictions on consumption. Since its introduction, the system has evolved considerably and now focuses on greater centralization and stricter requirements for businesses.
On the other hand, the Chinese legislature is focusing on the collective enforcement of civil claims and thus on an issue that has also gained increasing importance in international legal discourse. Instruments such as class actions and association actions are being cautiously tested and are subject to a state oversight mechanism, namely the subsidiary right of action of the People's Procuratorate.
Against this backdrop, the following questions arise:
- Is China succeeding in striking a balance between effective enforcement and the protection of debtors?
- What role remains for the courts in a system that increasingly relies on extrajudicial regulatory instruments?
- What significance can private law enforcement of rights have under socialism with Chinese characteristics?