Do the “Haves” Come Out Ahead? Resource Disparity in Public‐Land Usurpation Litigation in Taiwan*

Abstract

ObjectivesConflicts over land are widely recognized as a major issue in most advanced and developing countries.MethodsThis study on land disputes examines the impact of resource inequalities, or termed party capabilities, on public‐land usurpation trial decisions in Taiwan's district courts between 2000 and 2014.ResultsThe findings reveal that defendants with superior resources (in terms of socioeconomic status, purpose of usurpation, and area of land involved) are more likely to receive not guilty verdicts or to win their civil cases in court. However, with respect to probationary verdicts in criminal cases, the effects of resource factors on trial outcomes are considerably less than expected.ConclusionsOn the whole, the evidence indicates that Taiwan's judicial system may favor litigants with superior resources, as their socioeconomic and experiential advantages could ensure their success at the expense of those with relatively few resources.