Ying Xia
Journal of Environmental Law
Published online: December 2025
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"Guerrilla Lawyering: Mobile Resistance in China’s Environmental Public Interest Litigation"
Ying Xia
Law & Society Review, First View, pp. 1 - 27
Published online: September 2025
Abstract: This study examines the transformation of environmental public interest lawyering in China within an ever-tightening legal order, where activists confront both state suppression and co-optation. Utilizing qualitative methods, including in-depth interviews with 49 environmental lawyers and activists, participant observations, and online ethnography, the research delineates two divergent models of legal mobilization. The conventional model prioritizes compliance with state regulations, employing impact litigation and consensus-building with state institutions to drive incremental environmental reforms, often at the cost of aligning with state priorities. In contrast, guerrilla lawyering emerges as an innovative strategy, leveraging decentralized networks, experimentalist litigation, flexible funding, and diffused media tactics to sustain activism while preserving autonomy. By transforming courts into platforms for generating critical information and exposing systemic vulnerabilities, guerrilla lawyering resists assimilation into state-controlled schemes. This approach not only ensures movement survival amidst repression but also enriches theoretical understandings of legal mobilization under authoritarianism by addressing the understudied risk of co-optation. These findings illuminate the resilience and ingenuity of activists in China’s constrained environmental advocacy landscape and offer a transferable framework for resistance for social movements in other authoritarian contexts, amid the global rise of authoritarian legality.
Congratulations to our five colleagues who were successful in the 2025-2026 round of research grant funding by Hong Kong's Research Grants Council (RGC). The three General Research Fund (GRF) projects that were funded cover a range of topics, from examining the impact of “revolving-door” judges in the Chinese judicial system to investigating China’s efforts to reshape public interest lawyering to exploring the relationship between China’s legal system, financial markets, and economic development. Two Early Career Scheme (ECS) project were funded to study the Integration of China's Patent System and Social Credit System, and introduction of statutory recognition of same-sex couples in Hong Kong. The details of the new funded projects are as follows:
GRF:
Professor John Liu
The Revolving Door in the Chinese Judiciary and Its Economic Consequences: A Quantitative Study, HK$1,064,000
Professor Ying Xia
Nationalizing Legal Mobilization: The Transformation of Public Interest Lawyering under Xi Jinping, HK$679,000
Professor James Zeng
China's Path of Law and Finance, HK$746,000
ECS:
Professor Taorui Guan
Big Data-Driven Governance: A Study on the Integration of China's Patent System and Social Credit System, HK$630,925
Professor Stefano Osella
Recognising Same-sex Partnerships in Hong Kong: Constitutional and Human Rights Perspectives, HK$406,816