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Liability Beyond Law: Conceptions Of Fairness In Chinese Tort Cases, Rachel E. Stern, Benjamin L. Liebman, Wenwa Gao, Xiaohan Wu
Liability Beyond Law: Conceptions Of Fairness In Chinese Tort Cases, Rachel E. Stern, Benjamin L. Liebman, Wenwa Gao, Xiaohan Wu
Faculty Scholarship
Empirical work consistently finds that Chinese courts resolve civil cases by finding a compromise solution. But beyond this split-it-down-the-middle tendency, when and how do Chinese courts arrive at decisions that feel “fair and just” in cases in which they invoke those ideas? Drawing on a data set of 9,485 tort cases, we find that Chinese courts impose liability on two types of parties with ethical, but not legal, obligation to victims: (1) participants in a shared activity and (2) those who control a physical space. In these cases, Chinese courts stretch the law to spread losses through communities and to …
Malpractice Mobs: Medical Dispute Resolution In China, Benjamin L. Liebman
Malpractice Mobs: Medical Dispute Resolution In China, Benjamin L. Liebman
Faculty Scholarship
China has experienced a surge in medical disputes in recent years, on the streets and in the courts. Many disputes result in violence. Quantitative and qualitative empirical evidence of medical malpractice litigation and medical disputes in China reveals a dynamic in which the formal legal system operates in the shadow of protest and violence. The threat of violence leads hospitals to settle claims for more money than would be available in court and also influences how judges handle cases that do wind up in court. The detailed evidence regarding medical disputes presented in this Essay adds depth to existing understanding …