Why the Chinese Public Prefer Administrative Petitioning Over Litigation

Authors

Taisu Zhang, Duke Law SchoolFollow

Document Type

Article

Publication Date

2009

Keywords

Xinfang, Chinese Law, administrative litigation, Chinese legal history, administrative grievances

Abstract

In recent years, the Chinese public, when facing disputes with government officials, have preferred a non-legal means of resolution, the Xinfang system, over litigation. Some scholars explain this by claiming that administrative litigation is less effective than Xinfang petitioning. Others argue that the Chinese have historically eschewed litigation and continue to do so habitually. This paper proposes a new explanation: Chinese have traditionally litigated administrative disputes, but only when legal procedure is not too adversarial and allows for the possibility of reconciliation through court-directed settlement. Since this possibility does not formally exist in modern Chinese administrative litigation, people tend to avoid it.

Comments

This is the draft English version of an article that was first published in Chinese (2009(3) Shehui Xue Yanjiu [Sociological Stud.] 139).

Citation

Taisu Zhang, Why the Chinese Public Prefer Administrative Petitioning Over Litigation [Zhongguoren weihe zai Xingzheng Jiufen zhong Pianhao Xinfang], 3 Sociological Studies [SHEHUI XUE YANJIU] 139 (2009)