Citizens v. Mandarins: Administrative Litigation in China

Abstract

The Chinese government has, in the last 20 years, devoted enormous political resources and effort to revamping its legal system. The resultant legal reforms, part of the government′s programme of political institutionalization, have been the subject of intense scholarly interest in the West. One of these legal reforms was the Administration Litigation Law (ALL), passed in April 1989 and implemented in October 1990. The theoretical significance of this law can hardly be exaggerated because, if fully enforced, it would afford Chinese citizens an important legal instrument with which to defend themselves against the abuse of state power by government agencies and officials. Like other legal reforms, the ALL has attracted the attention of both Chinese and Western legal scholars. However, most early studies do not offer in-depth empirical analysis of the implementation of the law, its effects on China′s administrative practices and its political implications. A possible exception was a 1992 study by a group of Chinese scholars who used polling data to assess the public perception of the ALL and relied on two case studies to investigate how the law was implemented at the grassroots level. Nevertheless, the 1992 study has its limitations. Apart from the issue of the reliability of polling in China, it contains no national data on the implementation of the law; nor does it provide an in-depth analysis of sample court cases that went to trial according to the provisions of the ALL. Furthermore, it covers only a very brief period following the implementation of the law and relies on insufficient data, especially at the national level. Other works on the ALL suffer from similar problems, as lack of empirical data apparently restricted their authors mostly to a historical review of the evolution of administrative litigation in China, an analysis of the legal provisions of the ALL and speculation about its effectiveness.