Victory for rule of law

(China Daily)
Updated: 2007-04-16 06:44

The administrative lawsuit won by ordinary people marks progress in the rule of law in China, says a commentary in Dazhong Daily. An excerpt follows:

According to a CCTV report, 12 farmers from Changting Village in the city of Fenghua, Zhejiang Province, have just won a lawsuit against the provincial government.

The farmers argued that the approval given by the provincial government to a 2004 land transfer in their village was illegal. They finally won their case and approval was withdrawn.

This lawsuit bears far-reaching significance. The farmers stood on equal ground in court with the provincial government and defeated it. This not only marks a significantly improved public awareness of legal rights but indicates national progress in the rule of law.

Since the Administrative Procedure Law was enacted in 1990, by the end of 2003 more than 800,000 administrative cases were accepted by courts around the country. The cases saw a quick increase with ordinary citizens winning more cases.

Against this backdrop, it was only natural for the 12 farmers to choose the law as their protector to correct improper government actions. When the law is regarded as the one standard to judge whether an administrative act is legal or not, it is surely progress.

However, many people are still not familiar with administrative lawsuits. Many do not know they are entitled to sue administrative departments when their interests are violated. Some have no idea of their legal rights let alone their right to sue. Some do not pursue lawsuits for fear of reprisals.

It is necessary to raise public awareness of legal rights.

(China Daily 04/16/2007 page4)

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