Luo Gan. [Newsphoto/file]
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A top central government official has
pledged better protection of citizens' rights to sue officials and official
actions deemed harmful to their lawful interests.
The whole system to facilitate citizens' legal actions against officials and
government offices is known in China as the administrative trial system, based
on the nation's Administrative Procedure Law, enacted in 1990.
China will become more effective in preventing local officials' influence on
the administrative trials, Luo Gan, a member of the Political Bureau Standing
Committee of the Central Committee of Communist Party of China, told a high
level legal conference yesterday in Beijing.
He also said the central government would ensure courts wielded greater
independent trial power to overcome any protectionist attempts by regional and
industrial bureaucracies.
Addressing the same conference, Hua Jianmin, secretary- general of the State
Council, the Chinese cabinet, required all chief officials of government
agencies to be present in court whenever their agencies were accused in
administrative trials, rather than sending representatives.
Hua also pledged measures to facilitate administrative reconsideration and
receive public supervisions.
Figures from the Supreme People's Court show from 2000 to 2006, Chinese
courts handled nearly 639,736 administrative trials. In addition, in 34,581
cases, administrative compensation was awarded to citizen victims.
However, as the Political Bureau Standing Committee official pointed out, new
strains in social relations were unavoidable in a rapidly developing country
like China.
Citizens have increasingly been taking legal action against officials and
government agencies, especially in the areas of urban and rural land acquisition
and relocation programs, rural levies, corporate restructuring, labor relations
and social security issues, protection of natural resources and environment,
justice officials said.
Citizens were first able to sue officials from 1982, under the country's
provisional civil procedural law.
The Administrative Procedure Law was enacted in April 1989 and took effect in
October 1990, allowing citizens to more effectively legally challenge officials
and government agencies for violations of their rights and interests.
This was followed by China's Law on State Compensation in 1994, defining the
government's compensation terms to citizens; its Law on Administrative
Punishment in 1996, defining punishment on officials or government offices for
violations of citizens' rights and interests; and Administrative Reconsideration
Law in 1999, defining terms for overturning incorrect administrative
decisions.