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UPDATED: December 16, 2008 NO. 51 DEC. 18, 2008
Does Government's Waiving of Court Fees Interfere in the Judicial Process?
Observers are split in their reactions to the local government's moves
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Only because of unbearable injustice would a person choose to confront the government. Almost all so-called difficult citizens have had their legitimate rights violated. If the government was ready to give up its high-handed use of power and carefully deal with the problem, many tragedies would be avoided.

In Gu's case, if the local government does not resolve the issue through legal means the consequences could be tragic.

The government should deal with all civil disputes legally. This will not only encourage more people to trust the law, but also show the government's confidence in the validity of the law.

Lu Sheng (Beijing Youth Daily): Relocation projects around the country have caused many disputes, but never have we seen a local government do what the Chenghua District Government has done.

Some officials tend to force ordinary people to accept the relocation scheme. When relocated people try to resist relocation using extreme methods, they often turn to the police force to solve the problem.

The Chenghua District Government has shown tolerance instead of taking extreme action. It has offered to deal with the dispute with a local resident through the judicial system. This is undoubtedly a big step forward in the district government's administration. It also shows its confidence in the fairness of the law and respect for people's rights.

No real justice

Wang Lin (Yangcheng Evening News): The law plays a significant role in overcoming conflicts between the government and the people, but the precondition is to ensure the independence of the judicial system. The fact is that in some regions the judicial system is often subject to administrative interference, and perhaps this is why the Chenghua District Government was so willing to deliver the case to the local court. The close relationship between the local court and the government is too obvious.

In accordance with the law, Gu Kui should pay more than 1 million yuan in court fees, yet the government had his court fees waived. Whether Gu needs to pay court fees and how much he pays should be based on law, and the court should act in accordance with the law independently. In this case the government has already influenced the court by having Gu's legal bill annulled. The court is therefore doing what the government tells it to do.

As long as the government's power is absolute and the independence of the judicial system is still doubted by the public, it's almost impossible to tackle problems between the government and the people in court.

He Fang (China Youth Daily): The cancelled payment of court fees needs a legal basis and should go through legal procedures. The government has no right to interfere. After intervention by the Chenghua District Government, the local court waived Gu Kui's court fees of more than 1 million yuan. If the government is able to interfere in the collection of court fees, the public is likely to believe that it will also be able to interfere in the following judicial process.

In Gu's case, whether the government abuses its power to interfere in the judicial system, and whether it acts within the ambit of the law, depend totally on its level of self-discipline. Who can guarantee that the local court will not take actions in accordance with the government's will?

Shan Shibing (Chongqing Times): Superficially, the Chenghua District Government hopes to solve its dispute with Gu Kui through legal means, providing an example of rule of law. However, I don't think they need the court to help distinguish the right and wrong in this case. The government's relocation compensation offer is based on the idea that Gu's property was built illegally, although there is no evidence to support this claim. It seems that the local government is trying to justify its wrong decision by abusing the legal system.

There are frequent conflicts in today's society and the law is an important tool to deal with them, especially when they involve an individual against the government. However, the rule of law is distorted and unable to ensure justice in Gu's case.

Dear Readers,

"Forum" is a column that provides a space for varying perspectives on contemporary Chinese society. We invite you to submit personal viewpoints on past and current topics (in either English or Chinese).

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