SUN
WUKONG A step toward the rule of
law By Wu Zhong, China Editor
HONG KONG - According to China's Ministry
of Public Security, there were about 80,000
demonstrations across the country in 2005, each
involving 100 protesters or more, not taking into
account those involving smaller numbers. Most of
the protests were set off by unfair compensation
for land requisitions. Some of these
demonstrations were bloodily put down.
Apparently, unfair land requisitions have
become a major factor
threatening social stability
and harmony. The Chinese Communist Party is to
hold its 17th National Congress in autumn, which
is widely expected to endorse President Hu
Jintao's idea of building a "harmonious society"
as the new party line.
It is intriguing to
see that, months before the all-important meeting,
China's official media have given high-profile
coverage to a court case in which 12 farmers in a
village in Zhejiang province won their lawsuit
against the provincial government and the governor
over the acquisition of their farmland.
Obviously, Beijing wants to deliver a
message through its propaganda machine to people
that unfair land requisitions can be dealt with by
the rule of law, instead of through violently
confrontational ways.
In December 2003,
farmers in Changting village in Fenghua city of
Zhejiang province were told that all of the
village's 180 hectares of land would be
requisitioned for construction, and they should
approach the village committee for compensation as
soon as possible.
A villager, Zhang
Zhaoliang, now 39, found the compensation for his
vineyard was 30,000 yuan (US$3,800) less than he
expected. He went to negotiate with the party
chief of the village for more money, but in vain.
So he decided to take the case to court.
In February 2004, Zhang filed a lawsuit
against the Fenghua municipal land and resources
bureau. In court, the bureau was forced to testify
that the land requisition had not been formally
approved by higher authorities, and what had been
going on was mere "preliminary" preparation works.
It showed an urbanization plan of the
Fenghua city government according to which the
whole of Changting village was planned for
renovation. Such an ambitious plan needed the
green light from the State Council, China's
cabinet, according to the central government's
regulations.
The Fenghua court then ruled
that the land requisition was illegal in that the
approval procedure was not complete. But it did
not order the requisition to stop. At that time,
it was a popular malpractice in land requisition
among local officials that they would take land
away from farmers first before they sought
necessary approval from higher authorities.
Zhang appealed but was turned down in the
second trial in the Fenghua court. In the
meantime, the land requisition continued.
Gradually, more and more of Zhang's fellow
villagers accepted the terms and the compensation.
In June 2004, the Fenghua land authority signed a
contract with a property developer for the
Changting village land.
Zhang filed a new
lawsuit with a higher court - Ningbo Municipal
People's Court (Fenghua is under the jurisdiction
of Ningbo), but it was not accepted. By that time
the Fenghua government had already successfully
won approval of the land requisition by the Ningbo
municipal government and Zhenjiang provincial
government.
At the end of 2005, Zhang and
another dozen or so fellow villagers sued the
Zhejiang provincial government and the governor as
its representative in the Zhejiang Provincial High
Court. By that time, the property developer had
already begun construction work.
On April
14, 2006, the Zhejiang High Court made its
historic ruling that the provincial government
acted illegally in granting the land requisition
on the grounds that it was not approved by the
State Council. The ruling was final.
But
it was not until the end of that year that the
provincial government revoked its decision.
Construction at the site was not stopped until
before Chinese New Year in mid-February, 2007.
"Ordinary peasants win lawsuit against
provincial government" made headlines in local
newspapers. The national media also began to cover
it extensively.
Changting villagers hailed
their victory saying their lawsuit successfully
stopped a local government's plan of making
staggering profits from the land transaction. But
local officials in Fenghua have not given up,
saying they will reopen the plan after seeking
proper approval.
But Zhang Zhaoliang, the
hero in the case, does not appear overjoyed. In an
interview with the China Central Television last
week, he said: "This is my first lawsuit against
the government in my life. And I believe this is
also the last. I don't like to see the government
being sued. I have spent most of my time in these
years studying laws and regulations, which is a
waste of time for me. Wouldn't it have been better
if I could have spent the time farming or doing
other business?"
Chinese people, farmers
in particular, are still not used of suing the
government or officials, although the
Administrative Procedural Law, effective since
1990, allows them to do so.
Indeed, it was
not easy for Zhang to win his case. While he has
won the lawsuit to safeguard his vineyard, he
suffered heavy losses in other regards. In fact,
during the past year, to concentrate on the
lawsuit, Zhang lost his regular income. And he
also divorced his wife for fear of retaliation by
local officials.
From this perspective,
Zhang's case may not be a good example if Beijing
wants to use it to encourage people to deal with
unfair land requisitions through the rule of law.
Not only did the lawsuit take several years, but
some questions remain unanswered.
Will the
local officials violating the law be punished, and
how? Will Zhang and his fellow villagers be
compensated for their losses during these years?
Will the government consider providing legal aid
to the poor who want to sue the government?
This said, Zhang's victory must be seen as
a big step forward in the rule of law. The wide
coverage of the case by the media is likely to
encourage more farmers to follow suit. If Beijing
could take measures to facilitate such lawsuits,
it certainly would help reduce massive protests
against unfair land requisition to make society
look more "harmonious".
It is also noticed
that the lawsuit happened when Xi Jinping was the
party secretary of Zhejiang province. Xi last
month was appointed Shanghai party secretary,
replacing disgraced Chen Liangyu, and as such Xi
is poised to become a member of the new Politburo
in the 17th Party Congress.
The
high-profile media coverage of the lawsuit, in
effect, helps portray the rising political star as
an enlightened leader. By comparison, leaders of
other regions where similar disputes led to
violent confrontation should feel ashamed.
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