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Judicial recentralization as political control: Evidence from the judicial leader rotation in China

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  • Zeren Li
  • Zeyuan Wang

Abstract

Objective This study analyzes how authoritarian leaders use the judicial system to solve the principal–agent problem in the government hierarchy. We argue that autocrats recentralize court personnel to enhance the central government's monitoring power over local officials. Methods Our empirical analysis takes advantage of a judicial personnel rotation reform in which the Chinese Communist Party recentralized court personnel by rotating provincial‐level court leaders in 14 out of 31 provinces. Results Panel data analysis shows that judicial recentralization increased adjudicated administrative lawsuits by nearly 30 percent. We also demonstrate that the enhancement in judicial responsiveness is not driven by alternative channels such as learning or the substitution between different ways of petitions. Conclusion This study explores the dilemma faced by authoritarian leaders in balancing the need for an effective court system to address local governance issues while maintaining control, highlighting the compromise solution of recentralizing local judiciaries to partially insulate them from local interference.

Suggested Citation

  • Zeren Li & Zeyuan Wang, 2023. "Judicial recentralization as political control: Evidence from the judicial leader rotation in China," Social Science Quarterly, Southwestern Social Science Association, vol. 104(4), pages 669-683, July.
    • Handle: RePEc:bla:socsci:v:104:y:2023:i:4:p:669-683
    DOI: 10.1111/ssqu.13289
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    References listed on IDEAS

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    5. Michael Albertus & Victor Menaldo, 2012. "Dictators as Founding Fathers? The Role of Constitutions Under Autocracy," Economics and Politics, Wiley Blackwell, vol. 24(3), pages 279-306, November.
    6. Malesky, Edmund J. & Nguyen, Cuong Viet & Tran, Anh, 2014. "The Impact of Recentralization on Public Services: A Difference-in-Differences Analysis of the Abolition of Elected Councils in Vietnam," American Political Science Review, Cambridge University Press, vol. 108(1), pages 144-168, February.
    7. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 3(2), pages 243-277, Fall.
    8. Pan, Jennifer & Chen, Kaiping, 2018. "Concealing Corruption: How Chinese Officials Distort Upward Reporting of Online Grievances," American Political Science Review, Cambridge University Press, vol. 112(3), pages 602-620, August.
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    Cited by:

    1. Miao, Senlin & Zhu, Zhaobo & Deng, Wesley (Xiaohu) & Wen, Fenghua, 2024. "Law, politics, and trade credit in China," Journal of Corporate Finance, Elsevier, vol. 88(C).

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