Regular pattern of judicial decision on land acquisition and resettlement: An investigation on Zhejiang’s 901 administrative litigation cases

Abstract

Conflicts in land acquisition and resettlement (LAR) in China frequently occur because of rapid urbanization and economic development. These conflicts require judicial decisions by law courts at various hierarchical levels. However, few studies examine the regular pattern of relevant judicial decisions to improve the resolution of conflicts related to LAR in China. The current study aims to identify the regular pattern of jurisdiction in the field of LAR in Zhejiang Province by examining 901 administrative litigation cases. Docking and blocking net, through which determines whether a judge supports plaintiffs in a nomological basis, is used to investigate these cases. Statistical analysis of jurisdictions, defendants, and causes of action was conducted in the study. Results indicate that jurisdictions, executive positioning of respondents, and causes of lawsuits are key issues that affect the judgment of the docking–blocking net. Results reveal that the temporal-hierarchical level of jurisdiction is negatively correlated with the plaintiffs' winning rate. The docking and blocking mechanism system of high-level courts within a jurisdiction likely provides adverse referees to plaintiffs. The executive positioning of respondents also affects judicial results. The plaintiffs’ winning rate deviates depending on the causes of lawsuits. Plaintiffs and defendants use the three factors to further their own interests as much as possible through affecting the final judicial decisions of the docking–blocking net. This study seeks to improve the legitimacy of executive action, thereby reducing the judicial costs of executive acts. The study contributes to the prevention of existing administrative and judicial conflicts of LAR by clarifying the weak points of administrative departments.