1996] CHINA:DEVELOPMENT LEGISLATION 9 they often had to resolve arguments over turf,interest group conflict, overlapping or contradictory ministerial missions-all the disputes that in other systems,at least notionally,legislators and ministers resolve. In 1989,when China first incorporated priority laws in its cur- rent Five Year Plan,three serious deficiencies still characterized the drafting system.44 First,the drafting process seemed intolerably slow.Almost all the Project's 22 bills and regulations had gestated for years,many for a decade and more.In the decade after 1979,the NPC and its Standing Committee adopted an average of eight laws per year.The State Council adopted forty regulations a year.In a period of forced-draft institutional reforms for China's 125 or so min- istries and departments,governing almost a quarter of the world's population,this legislative output seemed paltry. Second,the drafting system often produced unimplementable laws.A visitor often heard a Chinese version of a world-wide lament: "We have good laws,but they are badly implemented."Two exam- ples:(1)A stroller in Beijing,with one of the world's most polluted atmospheres,might learn with surprise that China had a swingeing air pollution statute.45(2)In the 1980s,in response to inflationary tendencies,year after year China's political leaders directed banks to reduce loans for undesirable capital expenditures;year after year those expenditures rose.46 arriving in Parliament,the bill's authors must resolve issues of substance and con- flicts of power and interest,at least as they appear within the government and its constituency. 44.In addition to gaps in its coverage,China's substantive law lacked three fea- tures essential for any type of market economy to function well:(1)Cognoscibility, that is,widespread publication.As Lon Fuller emphasized,secret rules do not merit even the name of law.Lon Fuller,The Morality of Law (1969).As yet,many of China's regulations remain unavailable to the public.(2)Coherence (i.e.,at least compilation,and preferably codification,and indexing).China's relatively few laws and vast number of administrative regulations remained scattered in innumerable decrees,many lost in ministerial files.This frequently rendered it difficult if not im- possible for citizens to discover their complete contents.As part of its task,the Pro- ject created data-bases of all Chinese law.See n.75.(3)Not infrequently,Chinese laws contained vague terms.This further undermined the substance of the cognosci- bility requirement.(For example,typically a criminal law will define the difference between a violation that merits one sentence or another as the difference between a violation and a 'serious'or 'especially serious'violation.See,e.g.,the Decision of the Standing Committee of the National People's Congress Regarding the Severe Punish- ment of Criminals who Seriously Damage the Economy,adopted at the 22nd meeting of the Standing Committee of the Fifth National People's Congress,March 8,1982, art.(1)("when the circumstances are especially serious,the offender shall be sen- tenced to...death....")).As part of its efforts to build capacity,the Project taught drafters the necessity of precision and attention to detail. 45. See Environmental Law of the People's Republic of China(for trial implemen- tation)(1979). 46.World Bank,Macroeconomic Stability and Industrial Growth Under Decen- tralized Socialism-A World Bank Country Study Ch.2 (1990). This content downloaded by the authorized user from 192.168.82 207 on Thu,15 Nov 2012 12:37:41 PM All use subject to JSTOR Terms and Conditions1996] CHINA: DEVELOPMENT LEGISLATION 9 they often had to resolve arguments over turf, interest group conflict, overlapping or contradictory ministerial missions - all the disputes that in other systems, at least notionally, legislators and ministers resolve. In 1989, when China first incorporated priority laws in its cur￾rent Five Year Plan, three serious deficiencies still characterized the drafting system.44 First, the drafting process seemed intolerably slow. Almost all the Project's 22 bills and regulations had gestated for years, many for a decade and more. In the decade after 1979, the NPC and its Standing Committee adopted an average of eight laws per year. The State Council adopted forty regulations a year. In a period of forced-draft institutional reforms for China's 125 or so min￾istries and departments, governing almost a quarter of the world's population, this legislative output seemed paltry. Second, the drafting system often produced unimplementable laws. A visitor often heard a Chinese version of a world-wide lament: "We have good laws, but they are badly implemented." Two exam￾ples: (1) A stroller in Beijing, with one of the world's most polluted atmospheres, might learn with surprise that China had a swingeing air pollution statute.45 (2) In the 1980s, in response to inflationary tendencies, year after year China's political leaders directed banks to reduce loans for undesirable capital expenditures; year after year those expenditures rose.46 arriving in Parliament, the bill's authors must resolve issues of substance and con￾flicts of power and interest, at least as they appear within the government and its constituency. 44. In addition to gaps in its coverage, China's substantive law lacked three fea￾tures essential for any type of market economy to function well: (1) Cognoscibility, that is, widespread publication. As Lon Fuller emphasized, secret rules do not merit even the name of law. Lon Fuller, The Morality of Law (1969). As yet, many of China's regulations remain unavailable to the public. (2) Coherence (i.e., at least compilation, and preferably codification, and indexing). China's relatively few laws and vast number of administrative regulations remained scattered in innumerable decrees, many lost in ministerial files. This frequently rendered it difficult if not im￾possible for citizens to discover their complete contents. As part of its task, the Pro￾ject created data-bases of all Chinese law. See n. 75. (3) Not infrequently, Chinese laws contained vague terms. This further undermined the substance of the cognosci￾bility requirement. (For example, typically a criminal law will define the difference between a violation that merits one sentence or another as the difference between a violation and a 'serious' or 'especially serious' violation. See, e.g., the Decision of the Standing Committee of the National People's Congress Regarding the Severe Punish￾ment of Criminals who Seriously Damage the Economy, adopted at the 22nd meeting of the Standing Committee of the Fifth National People's Congress, March 8, 1982, art. (1) ("when the circumstances are especially serious, the offender shall be sen￾tenced to ...death. . . .")). As part of its efforts to build capacity, the Project taught drafters the necessity of precision and attention to detail. 45. See Environmental Law of the People's Republic of China (for trial implemen￾tation) (1979). 46. World Bank, Macroeconomic Stability and Industrial Growth Under Decen￾tralized Socialism - A World Bank Country Study Ch. 2 (1990). This content downloaded by the authorized user from 192.168.82.207 on Thu, 15 Nov 2012 12:37:41 PM All use subject to JSTOR Terms and Conditions