How Overloaded Chinese Courts Handle Takings Claims

Wednesday, April 20, 2022
9:00 AM – 10:30 AM (Eastern Time)

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About the Event

The 2015 revision of China’s Administrative Litigation Law caused an explosive increase in courts’ workload, including a surge in Chinese citizens suing local governments over property expropriation. Professor Shitong Qiao of the Duke School of Law, one of the leading scholars of Chinese property law, and Professor Chaoqun Zhan, an economist at Lingnan College, Sun Yat-sen University, will share their research into how that surge affected court decisions. Perhaps surprisingly, they found that busy Chinese courts are more likely to uphold plaintiffs’ claims against the government. Frank Upham, the Wilf Family Professor of Property Law at NYU Law School, will moderate.

About the speakers

Shitong Qiao is a law professor and the Ken Young-Gak Yun and Jinah Park Yun Research Scholar at Duke Law School. He was a tenured professor at the University of Hong Kong, a Law and Public Affairs (LAPA) fellow at Princeton University, and the inaugural Jerome A. Cohen Visiting Professor of Law at NYU. He also taught in Shenzhen (Peking University School of Transnational Law) and Shanghai (NYU Shanghai). Professor Qiao is an expert on property and urban law with a focus on comparative law and China. His first monograph, Chinese Small Property: The Co-Evolution of Law and Social Norms, explores the relationship between law and market transition, and has won multiple prizes in the US and Asia. He is working on his second monograph, The Authoritarian Commons, which explores the relationship between law and social transformation. Professor Qiao has also published a number of journal articles in top American and Chinese law journals. Professor Qiao graduated from Wuhan (LL.B.), Peking (MPhil), and Yale (LL.M., J.S.D.). Professor Qiao has served as an expert (witness) on the Chinese property regime in China, Canada, and the US.

Chaoqun ZHAN is an assistant professor of economics at Lingnan College, Sun Yat-sen University. His research interests are law economics and international trade. In the field of law economics, he is interested in court behaviors and the consequences for adjudication results. In international trade, he focuses on how trade and multinational corporations shape the domestic economy through production networks.