Abstract

http://ssrn.com/abstract=1512085
 
 

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The Development of Public Interest Litigation in China


Fu Hualing


University of Hong Kong - Faculty of Law

Richard Cullen


University of Hong Kong - Faculty of Law

November 23, 2009

Public Interest Litigation in China, in (Yap and Lau (editors)) Public Interest Litigation in Asia (Routledge, 2010)

Abstract:     
This paper studies the reception and development of public interest litigation in China. In this paper, public interest litigation (PIL) is defined broadly to include a judicial process, including court-based mediation and adjudication, in which grievances of a general nature, normally in relation to social and economic rights, are litigated in pursuit of legal remedies against government departments, public authorities, and monopoly enterprises. Since its reception in China in the middle of the 1990s, PIL has become more institutionalized. This paper identifies five changes in PIL in China: 1) from spontaneous action to institutionalization; 2) from passivity to aggressive defence; 3) from litigation to networking; 4) from using law as shield to using law as sword; and 5) from case handling to policy changes. Lawyers have become more demanding, aggressive and challenging and the current pushback by the government in restricting aggressive public interest lawyering is, in part, a response to the growth of PIL in China in the past 20 years.

Number of Pages in PDF File: 29

Keywords: public interest litigation, lawyering, china, weiquan, access to justice, legal aid, court, lawyers, NGO, media, rights protection, consumer rights, discrimination, civil society

JEL Classification: J5, J70, J71, K00, K10, K40, K41, K42

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Date posted: November 23, 2009 ; Last revised: October 24, 2012

Suggested Citation

Hualing, Fu and Cullen, Richard, The Development of Public Interest Litigation in China (November 23, 2009). Public Interest Litigation in China, in (Yap and Lau (editors)) Public Interest Litigation in Asia (Routledge, 2010). Available at SSRN: http://ssrn.com/abstract=1512085 or http://dx.doi.org/10.2139/ssrn.1512085

Contact Information

Fu Hualing (Contact Author)
University of Hong Kong - Faculty of Law ( email )
Pokfulam Road
Hong Kong, Hong Kong
China
HOME PAGE: http://hub.hku.hk/rp/rp01245

Richard Cullen
University of Hong Kong - Faculty of Law ( email )
Pokfulam Road
Hong Kong, Hong Kong
China

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