Rule-Maker as Rule-Breaker: The Illegal Enforcement of Insider Trading Prohibitions and Tax Norms in the PRC, and China's Administrative Law Crisis
October 9, 2012 12:45pm - 2:00pm
559 Nathan Abbott Way
Lunch will be served
Speaker: Nicholas Calcina Howson, Professor of Law at the University of Michigan Law School, Visiting Professor of Law Berkeley Law School (Fall 2012), and a former partner of Paul, Weiss, Rifkind, Wharton & Garrison LLP.
Description: Some of China's most expert and independent administrative agencies, including the China Securities Regulatory Commission (CSRC) and the State Taxation Administration (STA) under the Ministry of Finance (MOF), engage in the unlawful enforcement of legal norms. Indeed, some of this illegal enforcement bleeds into criminal enforcement of certain norms by the PRC state prosecutor, the People's Procuratorate. Professor Howson will discuss the problem of unlawful norms and enforcement in the securities regulation and taxation spheres specifically, analyze the possible Chinese law challenges to the enforcement of these norms by administrative agencies, and speculate on why there is such marked tolerance in contemporary China for plainly illegal rule-making and enforcement. Finally, he will discuss what these legality deficits tell us about the true state of China's "legal construction" program and progress towards "rule of law".