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3 November 2014

It’s now easier for citizens to sue China government

Nov 3, 2014

This will lead to a major change in the ground situation as many people do not dare to take government departments to court even if they have serious grouses over official decisions concerning their life and property.

BEIJING: China is making it easier for people to sue the government. The Standing Committee of the National People's Congress accepted an amendment to the Administrative Procedure Law on Saturday, allowing courts to launch proceedings whenever government departments are sued for violating agreements on land, housing compensation or commercial operations franchised by the government. 

This will lead to a major change in the ground situation as many people do not dare to take government departments to court even if they have serious grouses over official decisions concerning their life and property. 

Cases involving rights infringement will also be accepted by courts, it said. Actionable cases will no longer be confined to "specific administrative acts," which in practice is an excuse for courts to throw out cases. 

The courts threw out 65% of the cases filed against government agencies in 2012, according to a survey conducted by Xiu Fujin, a member of the Standing Committee of the NPC. 

Officials are now expected to appear in court in person whenever their actions are challenged instead of hiding behind a public prosecutor. They might face additional punishment if they fail to appear in court without providing legitimate reason. 

Government officials may also be fined or detained if they "force" a plaintiff to withdraw the suit through illegal means such as threats or fraud. Members of the Standing Committee of the NPC said the amendment is in line with the reality of present situation in the area of administrative litigation. 

"Having them appear in court will also promote officials' awareness of the rule of law," the local media quoted Jiang Ming'an, a professor in Peking University, as saying. 

Bai Zhijian, an NPC Standing Committee member, told Xinhua news agency that the revised law will help protect the rights and interests of citizens.

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