Legal Consciousness and Xinfang: A Study of Factors Affecting Public Petition in China

• In Event: ACCCJ Criminal Trial, Sentencing and Public Petition in China

Abstract

Xinfang, also known as letters and visits, or petition, is a China-specific legal-political institution that addresses grievances from citizens all over the country against governmental officials. As China rises an economic power, social conflict and social instability becomes profound concerns. Although many Western studies focused on legal consciousness and resolution of disputes, empirical studies on Chinese legal consciousness and petition are lacking. This study represents the first attempt to assess the petitioning activity (xinfang, letters and visits) in China. Using survey data collected from more than 900 citizens in Xiamen, one of the economically developed city in China, this study empirically compared the factors that shape the petitioning activities between immigrants and local urbanites. The sample is comprised of 300 immigrants, 300 local residents with urban hukou, and 300 local residents with rural hukou. The result shows that legal consciousness, public attitude toward governmental performance, political participation, attitude toward police, social network, family bond, social trust have impact on immigrants and urbanites engaging in petitions. Directions for future research and policy implication were discussed.

Author

• Luye Li, University of Delaware