Justice in China: A Challenge

Every weekday a curious scene unfolds outside a non-descript government building in one of Beijing’s southern districts. From early morning onwards hundreds of petitioners from all over China start queuing at the office for “letters and visits”.

Many carry dog-eared documents and tattered photos. Security is tight with police patrolling the street and the entrance to the office. That does not deter people like 40-year old Shan from the north-eastern province of Heilongjiang. She lost her job at a coal mine after trying to expose corruption.

“Originally I had filed a complaint locally about my bosses who illegally took over some company flats and embezzled social security funds. When I didn’t get any answers, I appealed to the provincial authorities, but they didn’t do anything either. I didn’t know what to do and decided to come to Beijing.”

Less trust on local officials

Millions of petitions are received by the so-called xinfang-offices every year, but only a very small percentage gets resolved. That does not prevent more and more people from placing their faith in a system that has its roots in China’s imperial past. They cling to the belief that they will get justice from a benign central government.

“I think those high up there, they are ok. The central government is fair and just. So when the lower ranking officials make mistakes, I have to come here to Beijing to get them to enforce the rules.”

Experts say the petitioning system exposes the flaws of China’s legal system which is still under the control of the Communist Party.

Fundamental political reform

The rule of law is still a work in progress and few citizens trust the often corrupt local courts. Human rights lawyer Li Fangping says the only solution is fundamental political reform.

“Firstly we need an independent judiciary. Secondly we need democratic oversight at the local level. Local (and regional) governments have to be chosen in democratic elections not by those higher up.”

At the petitioning office in Beijing the line of waiting people stretches back some 200 metres. The pavement opposite is lined with cars and minivans from other provinces. Local officials often send hired thugs to Beijing to stop petitioners from raising the alarm. Mrs Shan was once caught by thugs and thrown into a so-called “black jail”, an unofficial detention facility on the outskirts of Beijing.

“When we arrived there they tried to take my bag from me. I resisted and a scuffle broke out. Then a young man approached me from behind, beat me severely with an electric baton and injured me.”

Growing awareness

Human rights groups say growing numbers of petitioners end up in these unofficial jails. Last month the case of a young woman who said she was raped by a guard caused a stir. But the central government denies these black jails exist.

And yet, there’s growing awareness among the Chinese about their rights. Mrs Shan, for instance, who suffered severe injuries from the beatings in the black jail, has launched a second case – this time against the police who failed to help and protect her. She’s still waiting for an answer.

Author: Ruth Kirchner (Beijing)
Editor: Grahame Lucas