Chinese courts ordered to ensure independent trial of lawsuits

BEIJING— China’s Supreme People’s Court (SPC) ordered local courts to ensure “an independent and just trial of lawsuits against government”, according to a recent circular.
Lawsuits against government, which mainly involves cases brought by individuals, were easily subject to random meddling by local authorities. “In reality, manpower, property, estate or other possessions of local courts all depend on same-level local governments. Courts could easily harbor worries while hearing administrative cases suing governments,” said SPC Vice President Xi Xiaoming.
The SPC issued a judicial explanation on independent trial of lawsuits against government, which took effect on Feb. 1, aiming to safeguard court authority, guarantee public legal interests and maintain social justice. The explanation stated, “courts must be allowed to try lawsuits against government bodies outside the area of the government body’s authority”.
“Higher courts must appoint a subordinate court to try administrative cases that are likely to be affected by various factors,” the circular said. It said the appointed court should be as close as possible and financial difficulties of litigants from the hinterland should be taken into consideration. In China, litigants who sue government bodies are often in a feeble and powerless position compared with government departments. This is because the previous law ruled, “administration lawsuits should be tried by regional courts where defendants live”.
From 2003 to 2007, more than 470,000 lawsuits against government bodies were tried in courts of the first instance. Last year alone saw more than 100,000 such cases, statistics showed. SPC President Xiao Yang said last year at the fifth national meeting on trials of lawsuits against governments, “If lawsuits against government bodies are not tried fairly, the legitimate rights of litigants are not protected”. —Xinhua