State-centric proportionality analysis in Chinese administrative litigation

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A study of Chinese administrative litigation over the previous two decades suggests that courts prioritize state or collective interests, resulting in a state-centric approach to proportionality. Administrative lawsuit verdicts rarely emphasize proportionality or individual rights, according to research. This limited use of proportionality has not improved the courts’ monitoring of government power or individual rights. Administrative litigation is limited in China’s party-state governance framework, and public interest is prioritized over individual rights, according to the report.

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