Does the tiger have teeth? A critical examination of the toolbox approach of environmental law enforcement in China. Issue 1 (3rd November 2021)

• Record Type: Journal Article
• Authors: Lu, Mengxing; Faure, Michael
• Other Names: Tignino Mara guestEditor.; Mbengue Makane Moïse guestEditor.
• Is Part Of: Review of European, comparative & international environmental law. Volume 31:Issue 1(2022)
• Page Start: 89
• Page End: 102
• Publication Date: 2021-11-03
• Subjects: Environmental law, International -- Periodicals; Environmental law -- Periodicals; Environmental policy -- Periodicals; 341.4
• DOI: 10.1111/reel.12418
• Languages: English
• ISSNs: 2050-0386

Abstract

Abstract: For a long period, China's environmental law has been dubbed a 'paper tiger' due to the truism that China's environmental legislation is plentiful but not properly enforced. During the past few years, there have been impressive strides made by Chinese policymakers to address the non‐compliance and weak enforcement of China's environmental law. As a result, China has bolstered a toolbox approach of environmental law enforcement, which provides law enforcers with a variety of instruments to induce compliance. This article provides a comprehensive and dynamic analysis of the available mix of (public) enforcement instruments and their relative importance under the current enforcement regime of China's environmental law by taking the recent legal and policy developments into account. More particularly, we assess the de facto application of the smart mix of administrative and criminal enforcement tools in China, by conducting a law and economic analysis on the public enforcement data of China's environmental law between 2012 and 2020.