{"title":"Speaking up: why people dare to sue the government in China","authors":"JONGYOON BAIK","doi":"10.1111/jols.12445","DOIUrl":null,"url":null,"abstract":"<p>Why do Chinese citizens file administrative lawsuits despite low expectations of winning or the possibility of political retaliation from suing the government? Drawn from the author's fieldwork interviews in 2019 with ordinary citizens who had had disputes with their administrators, this article argues that Chinese citizens’ desire to have their voices heard trumps these obstacles. That is, through lawsuits, people want to face their administrators and make their case. An administrative trial provides an opportunity for citizens to voice their discontent in the physical presence of administrators, unlike other dispute resolution methods available in China. Administrative litigants value this rare chance, even though the rulings are unlikely to be in their favour. By treating an administrative trial as a stage for citizens to stand up for themselves against the government, this article contributes to our understanding of political expressions under authoritarianism.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"50 3","pages":"344-368"},"PeriodicalIF":1.3000,"publicationDate":"2023-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12445","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Why do Chinese citizens file administrative lawsuits despite low expectations of winning or the possibility of political retaliation from suing the government? Drawn from the author's fieldwork interviews in 2019 with ordinary citizens who had had disputes with their administrators, this article argues that Chinese citizens’ desire to have their voices heard trumps these obstacles. That is, through lawsuits, people want to face their administrators and make their case. An administrative trial provides an opportunity for citizens to voice their discontent in the physical presence of administrators, unlike other dispute resolution methods available in China. Administrative litigants value this rare chance, even though the rulings are unlikely to be in their favour. By treating an administrative trial as a stage for citizens to stand up for themselves against the government, this article contributes to our understanding of political expressions under authoritarianism.
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.