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Thesis 24 PART I: THEORY UvA-DARE (Digital Academic Repository) Never again Legal change after public health crises in China van den Dool, A. Publication date 2019 Document Version Final published version License Other Link to publication Citation for published version (APA): van den Dool, A. (2019). Never again: Legal change after public health crises in China. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:01 Oct 2021 Never Again: Legal Change After Public Health Crises in China Annemieke van den Dool Copyright © Annemieke van den Dool 2019 Cover design by Mattias van den Dool Enebjörk | Oranges on Apple Trees Book design by Mattias van den Dool Enebjörk | Oranges on Apple Trees Printed in the Netherlands by Print Service Ede All rights reserved. No part of this publication may be reproduced, stored or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the author. Never Again: Legal Change After Public Health Crises in China ACADEMISCH PROEFSCHRIFT TER VERKRIJGING VAN DE GRAAD VAN DOCTOR aan de Universiteit van Amsterdam op gezag van de Rector Magnificus prof. dr. ir. K.I.J. Maex ten overstaan van een door het College voor Promoties ingestelde commissie, in het openbaar te verdedigen in de Agnietenkapel op woensdag 26 juni 2019, te 10:00 uur door Annemieke van den Dool geboren te Utrecht Promotiecommissie Promotor: prof. dr. B. van Rooij Universiteit van Amsterdam Copromotor: dr. J.R. Popma Inspectie SZW Overige leden: prof. dr. R.A. Boin Universiteit Leiden prof. dr. ir. B.J. de Kloet Universiteit van Amsterdam dr. N.T. Arnoldussen Universiteit van Amsterdam dr. mr. A. de Ruijter Universiteit van Amsterdam dr. A.M. Howitt Harvard University prof. dr. P. ’t Hart Universiteit Utrecht Faculteit der Rechtsgeleerdheid Contents List of Figures vi List of Tables vii Acknowledgements ix Abbreviations xii INTRODUCTION 1 Public Health Crises and Legal Change in China 3 1.1 Public Health Crises in China 3 1.2 Post-Crisis Legal Change 4 1.3 Research Problem 6 1.4 Research Aims and Research Questions 7 1.5 Case Study Approach 10 1.6 Causal-Process Tracing 11 1.7 Case Selection 12 1.8 Doing Social Science Research in China 14 1.9 Data Collection Obstacles 16 1.10 Data Collection Strategy 17 1.11 Data Sources 19 1.12 Data Analysis 20 1.13 Research Limitations 22 1.14 Structure of the Thesis 24 PART I: THEORY 2 From Crisis to Law in China 29 2.1 Introduction 29 2.2 Gradual Policy Change 29 2.3 Shocks in Policymaking 30 2.4 A Framework for Understanding Crisis-Change Processes 31 2.4.1 Three Interacting Processes 32 2.4.2 Agenda Setting: News and Social Media 33 2.4.3 Institutional Response 35 2.4.4 Legal Change 37 2.5 Adjusting the Framework to Understand Crisis-Change Processes in China 40 2.5.1 China’s Political Context 40 2.6 Crisis-Change Processes in China: A Modified Framework 44 2.6.1 Agenda Setting: News and Social Media 44 2.6.2 Institutional Response 46 2.6.3 Legal Change 48 2.7 Conclusion 50 3 Lawmaking in China: Processes and Actors 52 3.1 Introduction 52 3.2 Sources and Hierarchy of Chinese law 53 3.3 The Making of Laws 54 3.3.1 Agenda Setting 55 3.3.2 Legislative Planning 57 3.3.3 Appointment of Drafting Group and First Draft 58 3.3.4 Inter-Agency Consultation and Review 60 3.3.5 Top Leadership Approval 62 3.3.6 First Cycle of Deliberation by the NPC or NPC-SC 63 3.3.7 Public Consultation 64 3.3.8 Additional Cycles of Deliberation by the NPC or NPC-SC 66 3.3.9 Voting and Passage by the NPC or NPC-SC 67 3.3.10 The Role of State-Actors in Lawmaking 68 3.4 The Making of Administrative Regulations 77 3.5 The Making of Departmental Rules 81 3.6 Conclusion 84 4 Measuring and Assessing Post-Crisis Legal Change 85 4.1 Introduction 85 4.2 The Nature of Post-Crisis Legal Change 85 4.3 Existing Approaches for Measuring and Assessing Post-Crisis Policy Change 87 4.4 Adopted Approach and Operationalization 90 4.4.1 Identification of Textual Change 90 4.4.2 Qualitative Assessment of the Nature of Post-Crisis Legal Change 93 4.4.3 Quantitative Assessment of the Nature of Post-Crisis Legal Change 99 4.4.4 Crisis-Learning 103 4.5 Conclusion 106 PART II: CASE STUDIES 5 Dreaming of Safe Milk: Legal Change After the Melamine Crisis 111 5.1 Introduction 111 5.2 The Making of a Crisis 112 5.2.1 News Media: Kidney Stones in Infants 112 5.2.2 Connecting the Dots: More Cases and More Evidence 113 5.2.3 Newspapers Remain Silent on Brand Name 114 5.2.4 Corporate Capture of Media and Local Government 115 5.2.5 Exposure of Sanlu by a Dedicated Journalist 116 5.2.6 Cover-Up by Dairy Company Sanlu 120 5.2.7 Government Irresponsiveness 121 5.2.8 Institutional and Political Response 121 5.2.9 Law Enforcement 124 5.2.10 Crisis Expansion: More Brands and Products Containing Melamine 125 5.3 Post-Crisis Lawmaking 126 5.3.1 Case I: Abolition of the Inspection Exemption Measures 127 5.3.2 Case II: Dairy Quality and Safety Regulations 131 5.3.3 Case III: Raw Milk Purchasing Rules 141 5.3.4 Case IV: 2009 Food Safety Law 145 5.4 Discussion 163 5.4.1 Government Focus on Social Stability Led to Social Instability 163 5.4.2 Driving Forces of Media Agenda Setting 163 5.4.3 Driving Forces of Institutional Response 164 5.4.4 Driving Forces of Legal Change 165 5.4.5 The Nature of Post-Crisis Legal Change 169 5.4.6 Crisis-Learning 170 5.5 Conclusion 172 6 Huangpu River Pork Soup: Legal Change After Dead Pigs Crisis 174 6.1 Introduction 174 6.2 Unfolding of the Crisis 175 6.2.1 Citizens Report Dead Pigs in Local Rivers 175 6.2.2 Local Institutional Response: Downplaying and Blaming 176 6.2.3 National Level Response: Downplaying, Censorship, and Investigation 177 6.2.4 Societal Discontent 179 6.2.5 Official Investigation and Explanation 180 6.2.6 Unofficial Explanation: Crackdown on Illegal Trade in Dead Pigs 181 6.3 Post-Crisis Lawmaking 183 6.3.1 Regulations on Pollution Prevention from Large-Scale Livestock Farming 183 6.3.2 Regulations Initiated by H5N1 Influenza in 2004 184 6.3.3 Regulations Accelerated by Huangpu River Dead Pigs Crisis 187 6.3.4 The Nature of Post-Crisis Legal Change 188 6.3.5 Crisis Responsiveness 190 6.3.6 Problem-Solving Potential 191 6.4 Discussion 193 6.4.1 Driving Forces of Media Agenda Setting 193 6.4.2 Driving Forces of Institutional Response 194 6.4.3 Driving Forces of Legal Change 195 6.4.4 The Nature of Post-Crisis Legal Change 197 6.4.5 Crisis-Learning 197 6.5 Conclusion 198 7 Legal Change After Avian Influenza A(H7N9) 200 7.1 Introduction 200 7.2 Unfolding of the Crisis 201 7.2.1 Emergence of a Novel Virus: First Risk Signals on Social Media 201 7.2.2 Official Announcement of H7N9 Virus: China Praised for Rapid Response 201 7.2.3 News Media Link H7N9 to Past Experiences of Epidemic Outbreaks 203 7.2.4 Huangpu River Dead Pigs Incident in Shanghai: Coincidence? 205 7.2.5 More H7N9 Cases, Institutional Response, and Social Media Backlash 206 7.2.6 Censorship on Social Media 208 7.3 Post-Crisis Lawmaking 209 7.3.1 Limited Legal Change: Infectious Diseases Law Amendment 209 7.3.2 Unaddressed Issues 210 7.4 Discussion 219 7.4.1 Driving Forces of News Media Agenda Setting 219 7.4.2 Driving Forces of Institutional Response 220 7.4.3 Explaining Limited Legal Change 222 7.4.4 The Nature of Post-Crisis Legal Change 224 7.5 Conclusion 226 CONCLUSION 8 Legal Change After Public Health Crises in China 233 8.1 Summary of Empirical Findings 233 8.2 Conclusions about the Role of Public Health Crises in Lawmaking in China 238 8.3 Conclusions about Crisis and Lawmaking in China 239 8.3.1 Government Policy and the Crisis-Change Process 239 8.3.2 Sophistication of Responsive Authoritarianism 239 8.3.3 Costs of Crisis versus Costs of Lawmaking 240 8.4 Post-Crisis Legal Change: Chinese Characteristics? 242 8.4.1 Media and Social Media Agenda Setting 242 8.4.2 Institutional Response 243 8.4.3 Legal Change 245 8.4.4 The Nature of Post-Crisis Legal Change 246 8.5 Future Research on Crisis and Law in China 247 8.6 Never Again? 249 References 253 Appendix 1: The legislative process from idea to law (法律 falü) in China 311 Appendix 2: Lawmaking documents 314 Summary 317 Samenvatting 323 Curriculum Vitae 330 vi Figures Figure 3-1.
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