Free local courts of govts

Local courts should be independent of local governments, says Wang Cailiang, a Beijing-based lawyer who specializes in land acquisition and demolition dispute cases. The reason for that is simple, he says. "Many land disputes can be avoided if local courts were independent of local governments."

He cites one of his cases to drive his point home.

Zhang Jian, a farmer in Benxi, Liaoning province, refused the low compensation offered by officials after his village was requisitioned forcefully to build villas. He tried to appeal to a higher-level government but to no avail.

On May 14 last year, in bid to stop the demolition of his house and to protect his wife and eight-month old child, Zhang got into an argument with the workers that turned violent, and in the process killed one of them.

In March this year, when Zhang appeared in court with his hands cuffed and feet shackled, the public prosecutor repeatedly asked him why the farmers were against a project that would benefit the people, Wang says.

"I was very angry. I still am. Who on earth did the prosecutor represent? Was he speaking on behalf of the public or the developer? When farmers can't protect themselves with legal means or shangfang (appealing to a higher government), they have no choice but to resort to violence."

"Party discipline and moral education alone cannot stop local officials from abusing their power." Wang says. "If local courts are answerable only the Supreme Court and not the local governments perhaps it will be harder for local governments to interfere in land disputes."

Highlighting the importance of the correct way of making laws, he says the ongoing amendment to land laws shows the central government hears farmers' voices. "In fact, there are many channels in which farmers can participate to let their voices be heard, including the Internet, newspapers and TV channels. It's not difficult to learn what farmers' true views are."

Having learnt from his cases, Wang says local governments should raise the land requisition standard and especially guarantee farmers housing rights. Because contrary to legal requirements, no hearings are held before many land acquisitions, a weird phenomenon takes place. Though farmers still live in their houses, the land on which their homes stand cease to belong to them once a local government requisitions the land for development.

"It's not right to demolish farmers houses along with acquiring cultivable land because the structures are not only their dwellings, but also a place where they make a living," Wang says.

"The essence of land acquisition reform is to kill the differences between collectively owned farmers' land and State-owned land. That means, 'the same place the same price'. Otherwise, in the same neighborhood farmers end up getting a much lower compensation compared with urban residents whose houses are demolished."

Wang cites Beijing municipal government's practice as a good example. During one of his cases, farmers at Jinjia village in Beijing's Fengtai district get compensation at the rate of more than 10,000 yuan per sq m if their houses are demolished.

(China Daily 08/04/2009 page9)