University of Minnesota Law School Scholarship Repository Minnesota Law Review 2018 Taobao, Federalism, and the Emergence of Law, Chinese Style Lizhi Liu Barry R. Weingast Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Liu, Lizhi and Weingast, Barry R., "Taobao, Federalism, and the Emergence of Law, Chinese Style" (2018). Minnesota Law Review. 111. https://scholarship.law.umn.edu/mlr/111 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. Article Taobao, Federalism, and the Emergence of Law, Chinese Style Lizhi Liu∗ & Barry R. Weingast† INTRODUCTION When a startup in the West invents a new form of consumer electronics and creates a website from which to sell its products, all of national law stands behind it, helping to reduce various forms of fraud, theft, and encroachment on intellectual property. Similarly, disputes that arise between the firm and its custom- ers, suppliers, or competitors are negotiated in a rich legal and commercial environment. Because China lacks a strong legal in- frastructure,1 a similar venture attempting to sell by website is far riskier. The inchoate, variable, and sometimes corrupt na- ture of the Chinese legal system makes the prevention and res- olution of legal problems much harder.2 Chinese startups and small and medium firms that sell products by their own website are considerably more vulnerable than similar ventures in Eu- rope or the United States.