Cases promote law-based governance

A gavel in a court. [Photo/IC]

Courts across Beijing have handled 16,281 cases involving "individuals suing the government" since the country's new Administrative Procedure Law came into force on May 1, 2015, an increase of 99 percent year-on-year. Local governments have lost 29 percent of them.

The continuous increase in such lawsuits reflects people's disapproval of the government's administrative behavior and a growing awareness they can use the courts to protect their rights and interests.

Since its enactment, the new law on administrative procedure has raised higher requirements for governance. The increasing number of cases being filed by individuals against the government, which mainly involve land requisitions, demolitions, traffic punishments and administrative adjudication, will be of positive significance to promoting the rule of law and improving governance.

By filing lawsuits against more powerful governments, individuals are showing their confidence in and expectations of the judicial system and their awareness that governments too must abide by the law.

But at the same time, the rise in the number of such cases is also a testing stone of the courts' credibility, since if mishandled, they will aggravate concerns about the independence of the courts.

The established system stipulates the judicial organs operate independently, but the subordination of local courts to same-level governments in either personnel or funding means it is difficult for judicial organs to operate free of administrative interventions.

China is devoted to establishing a society ruled by law. Such a goal cannot be realized without fostering the public's awareness of the law. As well as freeing themselves from the meddling hands of influence, the courts should also handle cases fairly. More people suing governments and full openness about the cases will help raise the credibility of the legal system.

-Beijing Youth Daily