Pros, cons of administrative litigation changes in China

By Chen Wuxiong and Peter Li, Boss & Young
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Nearly 30 years have passed since the Administrative Litigation Law of China was promulgated in 1989. During the past decades, administrative litigation in China has developed and changed rapidly. However, a lot of people in China, Asia and the world still consider China’s administrative litigation with a view to decades ago.

Chen Wuxiong Partner Boss & Young
Chen Wuxiong
Founder and life partner
Boss & Young

The promulgation of the Administrative Litigation Law of China initiated an age of “common people suing government”, following reforms and the opening up of the nation. However, in China, a firmly-rooted belief of “government prevails” has lasted across thousands of years. Many people still do not like litigation. These people firmly believe that “bureaucrats shield each other”, and so they avoid being involved in any administrative litigation.

In fact, in China, not all judgments of “common people suing government” cases are adverse to the people. In recent years, a lot of cases tell us that a government defendant in an administrative litigation may also lose, not only in major centres such as Beijing and Shanghai, where the implementation of law is relatively mature, but also in certain second or third-tier cities. As more and more judgments in Chinese courts are accessible to the public, it’s not difficult to find precedents supporting the common people in litigations posted on courts’ official websites.

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CHEN WUXIONG is a founder and life partner, and PETER LI is a senior associate at Boss & Young in Shanghai

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Boss & Young

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Fax: +8621 2316 9000

Email: chenwuxiong@boss-young.com;

Email: ligang@boss-young.com

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