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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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It isn't often that officialdom helps finance a businessperson's court fees in a lawsuit where it is the accused. But that is exactly what happened in Chenghua District, Chengdu, capital of Sichuan Province, where the local government recently took the surprising action of assisting plaintiff and auto parts manufacturer Gu Kui in fighting a court battle to sue itself.

Gu founded an auto parts market in Chenghua in the 1990s. In May 2006, the local government told him that his market would have to be relocated to make way for a public works project. Demolition was completed soon after Gu received the notice.

The government offered Gu compensation of 8.78 million yuan (less than $1.26 million), but he insisted that he should be given around 200 million yuan (nearly $30 million). Officials explained that Gu had operated his business in unlicensed buildings, although there was no proof of this.

Over the years Gu had invested tens of millions of yuan into his factory and was left almost bankrupt after he was forced to close his business. The man failed to reach a compromise settlement after repeated negotiations with the local government. His frustration even led to threats that he would blow up the district government's office building.

Officials persuaded Gu to settle his dispute with the government through legal proceedings. To help the financially strapped Gu file the lawsuit, the local government asked the court to waive Gu's court fees of more than 1 million yuan ($150,000). In addition, the government gave him 100,000 yuan (about $15,000) to hire a lawyer. The trial is still ongoing.

Observers are split in their reactions to the local government's moves. Some believe it is an example of progress toward the rule of law. Others suspect the government will interfere in the legal process. The latter group cites the government's open call on the court to waive Gu's court fees as an example of its power abuse.

All equal before the law

Yin Jianguang (Wuhan Evening News): Though the court has not ruled on Gu Kui's lawsuit against the Chenghua District Government, local officials' handling of the case will make people respect the law and will greatly enhance the public's legal awareness.

First, this is a good example of government's respect for the law. It is a terrible thing when the government abuses its power. The best way to solve disputes in a society under the rule of law is to use the law.

Second, this case shows equality between the government and citizens. China's Administrative Procedure Law, which enables citizens to sue governments and their departments at all levels if their rights or interests were violated by administrative decisions or moves, took effect in 1989. Despite this, many people still don't think they have the right to take legal action against the government or are suspicious about the possibility that they will win if they sue. That's why many people won't even attempt to file lawsuits against the government. By offering money to encourage ordinary people to go to court, the Chenghua District Government is sending a message that both the government and citizens are equal before the law.

Third, the local government's action shows respect for human rights. It is absolutely necessary to safeguard the rights of citizens in accordance with the law. Never should the government attempt to solve a dispute using tough or illegal methods, as this will only make the situation worse. Taking advantage of Gu's case, the government is encouraging people to safeguard their rights using the law, instead of taking revenge. This shows a deep care for ordinary people.

By asking the court to waive Gu's court fees and offering him 100,000 yuan to hire a lawyer, the district government hopes to help smoothly solve the dispute. In return, ordinary people will become more confident in the legal system and the government's philosophy of rule of law.

Sheng Xiang (news.bandao.cn): By helping Gu Kui free himself from the huge court fees, the Chenghua District Government indicates its wish for a peaceful resolution of their dispute. Gu, however, believes that the government is acting out of fear. Gu has studied the use of explosives and threatened to blow up the government building. Generally speaking, his behavior might have landed him in prison. Yet the local government has not taken tough action against him.

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