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Article: From Law to Politics: Petitioners’ Framing of Disputes in Chinese Courts
Title | From Law to Politics: Petitioners’ Framing of Disputes in Chinese Courts |
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Authors | |
Issue Date | 2018 |
Publisher | University of Chicago Press. The Journal's web site is located at https://www.journals.uchicago.edu/loi/tcj |
Citation | The China Journal, 2018, v. 80, p. 130-149 How to Cite? |
Abstract | Drawing on empirical data collected from petitioners in Chinese courts, this article analyzes how the regime’s political concern for social stability transforms petitioners’ disputes and shapes the evolution of their legal consciousness. Compared with first-time petitioners, who often address their complaints within a legal paradigm, the veteran petitioners take advantage of the judges’ political concern for social stability and present their disputes as potentially threatening social stability. They hold the judiciary responsible for their plight; they petition courts during “sensitive periods” they employ innovative tactics to draw official attention; and they seek to secure government stability-maintenance funds as a substitute for legal remedies. However, in framing a legal dispute as a political problem, the veteran petitioners risk retaliation. This article’s analysis provides insights into the operation of the court petition system, howthe legal consciousness ofChinese petitioners evolves,andhowin the petitioners’ eyes the legitimacy of the legal system gets eroded. |
Persistent Identifier | http://hdl.handle.net/10722/264161 |
ISSN | 2023 Impact Factor: 4.7 2023 SCImago Journal Rankings: 1.005 |
SSRN | |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Feng, Y | - |
dc.contributor.author | He, X | - |
dc.date.accessioned | 2018-10-22T07:50:32Z | - |
dc.date.available | 2018-10-22T07:50:32Z | - |
dc.date.issued | 2018 | - |
dc.identifier.citation | The China Journal, 2018, v. 80, p. 130-149 | - |
dc.identifier.issn | 1324-9347 | - |
dc.identifier.uri | http://hdl.handle.net/10722/264161 | - |
dc.description.abstract | Drawing on empirical data collected from petitioners in Chinese courts, this article analyzes how the regime’s political concern for social stability transforms petitioners’ disputes and shapes the evolution of their legal consciousness. Compared with first-time petitioners, who often address their complaints within a legal paradigm, the veteran petitioners take advantage of the judges’ political concern for social stability and present their disputes as potentially threatening social stability. They hold the judiciary responsible for their plight; they petition courts during “sensitive periods” they employ innovative tactics to draw official attention; and they seek to secure government stability-maintenance funds as a substitute for legal remedies. However, in framing a legal dispute as a political problem, the veteran petitioners risk retaliation. This article’s analysis provides insights into the operation of the court petition system, howthe legal consciousness ofChinese petitioners evolves,andhowin the petitioners’ eyes the legitimacy of the legal system gets eroded. | - |
dc.language | eng | - |
dc.publisher | University of Chicago Press. The Journal's web site is located at https://www.journals.uchicago.edu/loi/tcj | - |
dc.relation.ispartof | The China Journal | - |
dc.rights | The China Journal. Copyright © University of Chicago Press. | - |
dc.title | From Law to Politics: Petitioners’ Framing of Disputes in Chinese Courts | - |
dc.type | Article | - |
dc.identifier.email | He, X: xfhe@hku.hk | - |
dc.identifier.authority | He, X=rp02358 | - |
dc.description.nature | published_or_final_version | - |
dc.identifier.doi | 10.1086/696936 | - |
dc.identifier.scopus | eid_2-s2.0-85044336031 | - |
dc.identifier.hkuros | 295370 | - |
dc.identifier.volume | 80 | - |
dc.identifier.spage | 130 | - |
dc.identifier.epage | 149 | - |
dc.identifier.isi | WOS:000435022400007 | - |
dc.publisher.place | Australia | - |
dc.identifier.ssrn | 3204152 | - |
dc.identifier.hkulrp | 2020/032 | - |
dc.identifier.issnl | 1324-9347 | - |