It is still early days to appreciate fully the effects of China’s World Trade Organization (WTO) accession in 2001. As China becomes more accustomed to WTO rules and regulations, it will also adopt a more thorough compliance with the spirit of the WTO agreements.
China has achieved considerable success in building the necessary institutions for a functional legalsystem. However, it seems that the Chinese government is more willing to nurture rule of law in certain areas, while striving to maintain excessive administrative discretion in other areas.
The standard frameworks used to evaluate constitutional systems are not well suited to exposing transitional capacity. The constitutional problems that Minxin Pei’s Trapped in Transition focuses on do not reveal the system’s eventual capacity to transcend them.