Speaking up: why people dare to sue the government in China

IF 1.3 3区 社会学 Q1 LAW
JONGYOON BAIK
{"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":null,"pages":null},"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.

畅所欲言:为什么人们敢于起诉中国政府
为什么中国公民提起行政诉讼,尽管对获胜的期望很低,或者起诉政府可能会遭到政治报复?这篇文章来源于作者在2019年对与行政人员有过纠纷的普通公民的实地采访,认为中国公民希望自己的声音被听到的愿望胜过了这些障碍。也就是说,通过诉讼,人们希望面对他们的管理者,并提出自己的理由。行政审判为公民提供了一个在行政人员在场的情况下表达不满的机会,这与中国现有的其他纠纷解决方法不同。行政诉讼当事人重视这一难得的机会,尽管裁决不太可能对他们有利。本文将行政审判视为公民站出来反对政府的舞台,有助于我们理解威权主义下的政治表达。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
CiteScore
2.00
自引率
15.40%
发文量
59
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.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信