When Chinese Sue the State, Cases Are Often Smothered – Joseph Kahn

 Images 2005 12 27 International 28Land450 From the New York Times:



China’s legal system often hands down verdicts that the powerless consider unfair. But a bigger problem is that courts often refuse to issue any verdict at all – or even acknowledge that some bothersome legal complaints exist.

The English translation is simply “put on the record” or “register a case,” but in China “li’an” is so fraught with official meddling that for many with complaints against the government, the judicial system is closed for business.

Since Communist China first created the semblance of a modern legal system a quarter-century ago, criminal cases – the state suing individuals – mostly go through the courts. Private citizens and businesses now often resolve civil disputes in court. But the third and most sensitive use of the judicial system, a 1989 statute that entitles people to sue the state, remains a beguiling fiction, scholars say.

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