Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2006 Innovation through Intimidation: An Empirical Account of Defamation Litigation in China Benjamin L. Liebman Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Torts Commons Recommended Citation Benjamin L. Liebman, Innovation through Intimidation: An Empirical Account of Defamation Litigation in China, 47 HARV. INT'L L. J. 33 (2006). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/554 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. VOLUME 47, NUMBER 1, WINTER 2006 Innovation Through Intimidation: An Empirical Account of Defamation Litigation in China Benjamin L. Liebman* INTRODUCTION Consider two recent defamation cases in Chinese courts. In 2004, Zhang Xide, a former county-level Communist Party boss, sued the authors of a best selling book, An Investigation into China's Peasants. The book exposed official malfeasance on Zhang's watch and the resultant peasant hardships. Zhang demanded an apology from the book's authors and publisher, excision of the offending chapter, 200,000 yuan (approximately U.S.$25,000)' for emotional damages, and a share of profits from sales of the book. Zhang sued 2 in a local court on which, not coincidentally, his son sat as a judge. * Associate Professor of Law and Director, Center for Chinese Legal Studies, Columbia Law School.