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The Selection of Litigation against Government Agencies: Evidence from China

Author

Listed:
  • Cui Wei

    (Peter A. Allard School of Law, University of British Columbia, Vancouver, BC V6T 1Z4, Canada)

  • Wang Zhiyuan

    (Department of Political Science, Bryn Mawr College, Bryn Mawr, PA 19010, USA)

Abstract

We test the relevance of the selection theory of litigation in a contemporary, civil law setting, using Chinese judicial data that span 25 years regarding lawsuits against government agencies. Civil law systems may be characterized by lower costs of litigation and lower rates of settlement than the U.S. legal system, and therefore the presence of selection effects cannot be assumed. We show that selection effects are indeed manifest in Chinese administrative litigation, and suggest that this may be explained by hidden or intangible litigation costs. Our test for selection effects builds on the approach of previous U.S. studies and potentially allows the identification of selection effects to help improve inferences from decided cases. Finally, we examine patterns of settlement and plaintiff wins in pre-litigation administrative appeals in China, and do not find sufficient evidence for selection effects in this process. This could potentially be explained if most appellants pursuing administrative appeals do not intend to litigate.

Suggested Citation

  • Cui Wei & Wang Zhiyuan, 2017. "The Selection of Litigation against Government Agencies: Evidence from China," Review of Law & Economics, De Gruyter, vol. 13(3), pages 1-41, November.
    • Handle: RePEc:bpj:rlecon:v:13:y:2017:i:3:p:41:n:6
    DOI: 10.1515/rle-2016-0054
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    References listed on IDEAS

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    1. Waldfogel, Joel, 1998. "Reconciling Asymmetric Information and Divergent Expectations Theories of Litigation," Journal of Law and Economics, University of Chicago Press, vol. 41(2), pages 451-476, October.
    2. Daniel Klerman, 2012. "The Selection of 13th‐Century Disputes for Litigation," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(2), pages 320-346, June.
    3. Waldfogel, Joel, 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory," Journal of Political Economy, University of Chicago Press, vol. 103(2), pages 229-260, April.
    4. Sebastian Peyer, 2012. "Private Antitrust Litigation In Germany From 2005 To 2007: Empirical Evidence," Journal of Competition Law and Economics, Oxford University Press, vol. 8(2), pages 331-359.
    5. Kessler, Daniel & Meites, Thomas & Miller, Geoffrey P, 1996. "Explaining Deviations from the Fifty-Percent Rule: A Multimodal Approach to the Selection of Cases for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 233-259, January.
    6. Kuo‐Chang Huang, 2008. "How Legal Representation Affects Case Outcomes: An Empirical Perspective from Taiwan," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(2), pages 197-238, June.
    7. Siegelman, Peter & Donohue, John J, III, 1995. "The Selection of Employment Discrimination Disputes for Litigation: Using Business Cycle Effects to Test the Priest-Klein Hypothesis," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 427-462, June.
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