China can only go above the limit when there is surplus in the worldwide demand. The 2005 number is a special case due to the recaptured visa number from ac-21.
Nobody catches you or someone else breaking the law now does not mean you can not be caught in the future.
Conclusion: The law says that China can not go above 2800 unless there is spillover from ROW, and now it does not appear likely due to PERM. The only solution is passing new laws.