Source: Wide Angle: "The People's Court"
International and domestic pressure has forced China to reexamine its legal tradition that has long served the power and authority of the state as opposed to safeguarding individual liberties and freedoms. Although China has set forth reforms allowing for the development of civil rights for its citizens, senior judges and officials are still appointed and employed by its one-party government. In this video from Wide Angle, Chinese citizens air their frustrations and grievances with a government that has not fully modernized and is unable to meet the increasing demands of its populace.
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When China's Civil war ended in 1949, Mao Zedong and the Communist Party established the People's Republic of China. They wanted to centralize power, unify the country and develop China's industry and infrastructure. A few of Mao Zedong's nationwide projects were the Great Leap Forward, a 5-year economic and social plan that he initiated in 1958, and the Cultural Revolution of the 1960s. Unfortunately, at the end of the Maoist era, the economy and the education system of China were very weak.
Deng Xiaoping, who became China's leader in 1976, introduced new policies to encourage economic growth. Large segments of the economy were cut loose from direct state control. The private sector boomed, a new class of entrepreneurs prospered and China's formal legal system was re-established. At the same time, however, the Communist Party remained in control of a one-party, authoritarian state and a growing gap between rich and poor emerged. Employers used their newfound market power to exploit workers. Tensions developed. Conflicting claims of property rights came to be a significant problem.
The government of China decided to address these issues by trying to expand and modernize the legal system. Since the 1980s the country has opened almost 400 law schools, training hundreds of thousands of lawyers and judges. The country has also created education campaigns to encourage people to settle their issues in court rather than on the streets.
Before 1995, many judges did not have college degrees or much knowledge about the law. Since 1995, the requirements to become a judge have gotten stricter: now judges need to have a university degree and must pass a national exam. However, the judges are appointed and paid by the one-party government. Their decisions, as well as decisions and actions of lawyers, are often influenced by the Communist Party and local governments. Many Chinese citizens are bothered by the corruption they see as widespread in China.
In 2003, Hu Jintao was elected as the President of the People's Republic of China. His challenges include trying to find solutions to China's economic, social and environmental problems. One of his initiatives, the Socialist Core Value System, encourages honesty and law-abiding and ethical behavior among all Chinese citizens. Whether President Hu's goals lead to real improvements will be a key measure of China's progress toward implementing the rule of law.
NARRATOR The Gongxian judges run a regular information stall in the local market, another part of the plan to make the new laws more accessible.
RESIDENT Do you have any flyers about housing disputes?
JUDGES - Yes.
JUDGE LI If you want a divorce, you can do it through the court. You should bring your marriage certificate and your residency permit. But you have to think over many things: your relationship with your husband, your kids, how to divide up your property, what you want...
NARRATOR Tensions are never far below the surface.
WOMAN The Party Secretary of our village is a real bully. We have to keep our heads down.
JUDGE TIAN What's his name?
WOMAN Zeng Qiang. He always bullies us.
JUDGE TIAN Come to my office.
WOMAN For six years the government has been trying to silence us.
JUDGE TIAN I work as a judge for the local government. If you have anything to report, I'll sort it out for you. My name is Tian.
JUDGE Talk to them.
WOMAN I don't want to talk to them, because I know all the officials are corrupt and are protecting each other.
NARRATOR The woman is quickly whisked away.
Three quarters of all Chinese think corruption is rife in China.
The government itself reports that tens of billions of dollars are embezzled by state officials every year.
WOMAN They're all protecting each other. That's the way it is here, and there's nothing we can do about it.
NARRATOR The judges have an uphill task in asking people to trust them.
MUSIC NARRATOR We'd reached the limits of what the courts would allow us to film, and headed back to the provincial capital, Chengdu. On the way, a sign of why the lack of trust in officials is so pervasive.
NARRATOR This cement factory is typical of the Maoist era industry of the 1950s and 1960s. NARRATOR It spews clouds of dust and noxious gases over Gongxian and the surrounding area.
NARRATOR As soon as our camera was spotted, some local peasants sought their chance to be heard.
MAN The situation is very serious. The pollution is really bad.
WOMAN - It's dusty. Very, very dusty.
MAN It's really harmful.
MAN As you can see from the chimney, the smoke is very thick, full of dust.
FACTORY WORKER I've got lung problems and they've never been checked out.
INTERVIEWER - Do you think the factory should be shut down?
MAN No. Not shut down. They should put a filter on the chimney.
WOMAN - Yes! It should be closed.
MAN - They should at least do something about the pollution. According to the law, they should invest in equipment to help prevent it.
INTERVIEWER - Do you think the pollution is affecting your baby?
MAN Just look at his hair! It's yellow, not black.
INTERVIEWER - Have you talked to the court?
WOMAN It's useless. They just give you the run-around. No one wants to take responsibility. We complain but they just ignore us. The problems can't be solved.
CROWD That's how our society is.
NARRATOR Their frustration is only made worse by the difficulty in accessing lawyers - with one lawyer for every ten thousand people, they're few and far between.
NARRATOR Lawyers rely on local officials to renew their licenses from year to year.
It's one of the reasons taking on cases against officials and state-linked companies can be a risky business.
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