An Alternative to Impact Litigation in China: The Procurator as a Legal Avenue for Cases in the "Private Family Sphere" of Domestic Violence

Authors

Hai-Ching Yang

Abstract

Impact litigation, a popular technique among non-governmental organizations, while yielding numerous benefits, exercises limited influence over traditional family matters in China, like those of domestic violence. A closer examination of the factors attributed to the failure of the domestic violence case litigated by the Peking University’s Center for Women Law Studies and Legal Aid Services highlights the need to explore the potential of the procurator. As cases and events show “family matters” transgressing from the private to the public sphere and as setbacks continue to plague non-governmental organizations in their struggle to advance social causes, the institutionalized procurator can utilize its traditional function and legal authority as a public interest advocate to litigate domestic violence cases. By implementing its existing authority and cooperating with the legal aid centers, government agencies, women’s federations, and judiciaries, the procurator may be able to achieve more optimal results for victims where external techniques have attained limited success through its multilateral approach and internal channels.

First Page

237

Recommended Citation

Hai-Ching Yang, Comment, An Alternative to Impact Litigation in China: The Procurator as a Legal Avenue for Cases in the "Private Family Sphere" of Domestic Violence, 20 Pac. Rim L & Pol'y J. 237 (2011).
Available at: https://digitalcommons.law.uw.edu/wilj/vol20/iss1/9