State Power and Unbalanced Legal Development in China

Yongshun Cai · Songcai Yang

31 citations0/0 files storedJournal of Contemporary China

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Judicial and Constitutional Studies China's Socioeconomic Reforms and Governance Legal Systems and Judicial Processes

Abstract

This study explores how state power in China affects the development of the legal system in a changing environment. Based on a survey of about 290 lawyers, it is found that Chinese lawyers are selective in taking on lawsuits. They are more willing to represent clients in litigations pertaining to economic and civil affairs, as opposed to administrative litigations and criminal cases. For one thing, lawyers receive high payment for lawsuits of an economic nature. For another, there are risks involved in taking on administrative litigations and criminal cases. Selective legal representation by lawyers suggests that legal development in China is unbalanced.

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2006The Practice of Law as an Obstacle to Justice: Chinese Lawyers at Work 2011Making Law Work : Chinese Laws in Context 2012Suing the Leviathan — An Empirical Analysis of the Changing Rate of Administrative Litigation in China

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