CHINA TOPIX

11/02/2024 05:38:13 pm

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Chinese Legal System Fine-tuned; Move Seen to Fast-track Resolution of Court Cases

Harvey Humphrey's trial information is displayed on a board outside the Shanghai No.1 Intermediate People's Court on Aug. 8, 2014 in Shanghai, China. Peter Humphrey and his wife Yu Yingzeng were charged with 'illegally collecting information' on GSK's beh

(Photo : Photo: Kevin Lee/Getty Images)

The Chinese legal system is undergoing a streamlining process, a development that will make it easier to file cases against government agencies that do now follow the rule of law.

According to high-ranking court officials, this move will enable authorities to further fine tune legal procedures and come up with innovate solutions to settle legal disputes, reported the China Daily.

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In May of last year, central authorities released a guideline which required the nation's courts to eliminate unnecessary barriers and accept a suit once it is registered.

This is in contrast to the earlier procedure wherein a case must first undergo a preliminary review in order to determine its merits before it is filed in court.

However, with this innovation in the Chinese legal system, there has been a marked increase in the filing of disputes - particularly those involving complaints against government departments.

A work report of the top court during the annual session of China's legislature revealed that in March 2015, courts nationwide handled 241,000 administrative cases, an increase of almost 60 percent year-on-year.

"The things residents appealed about most often in the past-house demolition and administrative information disclosure - have been made easier," Li Shaoping, vice-president of the Supreme People's Court said.

But the rise in the number of administrative disputes being filed in court has also caused a major strain on the Chinese legal system, particularly in courts which are unable to handle the deluge of cases due to the limited number of judges.  

To address this challenge, Beijing No 4 Intermediate People's Court was identified as a pilot site for legal reforms, and a venue to develop ways of promoting efficiency and professionalism in the judiciary.

Whenever a government body is named as defendant in a lawsuit in any of the capital's 16 districts, Beijing No 4 Court is assigned to hear the case.

According to a March 31 court report, district governments in the capital were named as defendants in 1,397 administrative cases accepted in 2015, which is seven times more than those tackled by the city's courts in 2014.

"They are in the middle of reforms in urban management, so it's easier to produce disputes," Court President Wu Zaicun explained, noting that more than 25 percent of the cases were decided against the government.


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