Protest-supported housing demolition litigation and social change in China

Abstract

© Cambridge University Press 2014. Housing demolition has been a major source of social conflict in contemporary China. With urban renewal and expansion occurring at a breathtaking pace, millions of urban residents have been relocated. Being undercompensated by the government or government-supported developers, homeowners have employed various forms of resistance, including protests, demonstrations, litigation, petitioning higher level governments, and refusing to move out. Official statistics have revealed that twenty-six deaths occurred due to conflicts over housing demolition in the first six months of 2002. Of the 1,730 petitions presented in person to the Ministry of Construction, about 70 percent related to housing demolition. One recent phenomenon is that more individuals affected by the demolition process have organized themselves and filed litigation challenging the government’s decisions. The goal of these individuals is to exert pressure on the decision-making of the courts and other government agencies through protests and demonstrations. In a country where gaining approval to hold a public demonstration is almost impossible to obtain, courtrooms have become a public space for litigants to legitimately voice their grievances, discontent, challenges, demands, and even open defiance. By going to court, negative political labeling is avoided because it is difficult, if not impossible, for the state to say that going to court is politically subversive or incorrect.