Legal process too difficult: Netizens

By Xie Chuanjiao (chinadaily.com.cn)
Updated: 2009-06-02 23:30

The difficulty in bringing a lawsuit before the court is one of the main hurdles of people expecting solutions from the judicial system, a press conference was told Tuesday.

It was one of 13 major concerns raised by Internet users since April, when the Supreme People's Court (SPC) and 485 lower-level courts asked for suggestions to be e-mailed to their new mail boxes.

Others significant issues included corruption concerns and difficulties in filing an administrative case.

"Many Internet users feel it is difficult to get a case filed, communicate with court staff and have a case well handled, especially in the district and county-level courts," the SPC spokesman Sun Jungong told the conference.

"Many people have little knowledge of the procedures of filing and handling a case or which law can best protect his or her rights and interests," Sun told China Daily.

Many people were not aware about the importance of evidence, and were turned down because of the lack of proof in their documents, he said.

Qiu Baochang, dean of Beijing-based Huijia Law Firm, said court staff, especially those at the district and county-level, would enforce strict standards with filing because they were already overworked.

Many people also found legal costs, including lawyer fees, too expensive, Qiu added.

Dong Hongda, a popular blogger on Sina.com, said: "Some court officials are indifferent to the vulnerable litigants without any social and finance background. Some even take bribes."

"Though only a small number of judges behave like that, they have led to ugly impression on the overall judges," Dong wrote.

Sun said many people complained about the difficulty in getting a court to accept an administrative case, in which legal action was launched against officials or government agencies.

"Some Internet users said some courts would groundlessly refuse to accept, handle or conclude an administrative case," he said.

Wang Cailiang, dean of Beijing-based Cailiang Law Firm, compared citizens engaging an administrative case to an egg striking a rock.

"Administrative cases usually involve local government agencies, but the personnel and finance sectors of the court system are subordinate to the management of local government, who sometimes intervene in cases where local government departments are being sued," Wang said.

Sun said the SPC would continue organizing inspection tours nationwide to deal with corruption cases by whistleblowers.

More supervisors would also be installed in local trial and enforcement departments.

Sun said the SPC would continue to implement guidelines, which were released in March and were designed to help people negotiate the legal process.