The Private Attorney-General in China: Potential and Pitfalls

Clarke, Donald C.

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The Private Attorney-General in China: Potential and Pitfalls

8 WASH. U. GLOB. STUD. L. REV. 241 (2009)

GWU Law School Public Law Research Paper No. 2014-33

GWU Legal Studies Research Paper No. 2014-33

16 Pages Posted: 23 Jul 2014

See all articles by Donald C. Clarke

Donald C. Clarke

George Washington University - Law School

Date Written: 2009

Abstract

This article discusses the viability of instituting a private attorney-general (PAG) system in China as an enforcement mechanism for government rules. The article reviews various aspects of civil procedure in China, including punitive damages, standing, group litigation, evidence and legal costs, and ultimately concludes that while the overall system in China would not support “PAG-type actions,” specific exceptions might allow for minor progress.

Keywords: China, civil procedure, private attorney-general

JEL Classification: K40, K41, K42

Suggested Citation: Suggested Citation

Clarke, Donald C., The Private Attorney-General in China: Potential and Pitfalls (2009). 8 WASH. U. GLOB. STUD. L. REV. 241 (2009), GWU Law School Public Law Research Paper No. 2014-33, GWU Legal Studies Research Paper No. 2014-33, Available at SSRN: https://ssrn.com/abstract=2470501