Local abuses main reason for mass incidents
- Source: Global Times
- [22:13 September 01 2009]
- Comments
GT: So can the disadvantaged groups resort to legal channels to solve the problems they are facing?
Yu: Local judiciaries are unable to restrict local interest groups, especially those with political power. Since the local judicial departments are controlled by local government, they won't be able to take the cases if the governments ask them not to. Therefore the problems can't be solved through normal legal channels.
When local courts don't handle people's petitions, the disadvantaged appeal to the central government, which then passes the case back to local governments. The central government put pressure on local governments by connecting the number of petitions with evaluation of local officials.
As a result, local officials take every measure possible to control petitions from appealing to Beijing. They intercept letters and detain, fine or jail people.
The current petition system is a political participation and rights compensation system with strong Chinese characteristics. It worked at one time, but has too many flaws to fit in the current market economy.
The failure of the system damaged the credibility of the central government and stimulates more and more mass incidents. Gradually, the people have lost confidence in or even abandon the judicial and petition system and so resort to mass incidents.
GT: Why are so many county-level officials involved in many massive incidents?
Yu: Because their administration affects people's lives most. The policies of the central and provincial governments have to be channeled through low-level governments like county officials. The county has lots of administrative powers, such as taxation and urban planning, which can harm people's lives directly.
On one hand, the central government has found out that the fundamental element of governing is the county-level government. But without proper checks and balances, two things might happen: The county governments may either perform poorly or harm people's interests. Finding how to supervise them and control their power is crucial.
GT: How can we change this structurally?
Yu: The central government already realizes that the existence of independent local political interest groups compromises both the interest of the people and the interest of the central government. Strengthening public supervision on local powers is the key to restrict these groups and avoid mass incidents. It requires the reform of two aspects of government.
One is the people's representative system. The people's representatives should only represent the people. They shouldn't work for any other organization or the government. The people's representatives at county level should also be elected directly by the people, as the Constitution stipulates. Moreover, this should be their only job.
The other is the creation of a judiciary independent from the local governments. The problem we face now is that the primary and intermediate courts report to the local governments, which is very dangerous. They should report directly to the central government.
Local governments have formed interest groups independent from the people or the country, but that can and will be changed.
