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Government enacts new rule to regulate petitioning
By Liu Wujun (China Daily)
Updated: 2005-02-24 02:54
The newly-revised regulation on petitions, which will take effect on May 1,
signals the government's determination to bring the petition system in line with
the changing times.
It also acknowledges, through legislation, the petition system's positive
role in building a harmonious society.
An official with the local public security
authorities talks with residents on their complaints in Xuchang, Central
China's Henan Province in the picture taken in August, 2004.
[newsphoto] |
The petition system, which is also referred to as the system of letters and
visits, is a channel for people to air their complaints.
Compared with the old regulation on petitions, which was promulgated in 1995,
the revised one has made sweeping changes, which are mainly manifested in the
following areas:
The modified regulation stipulates, for the first time, that public hearings
may be held to handle "major, complex or knotty" problems raised by petitioners.
It also introduces the accountability system to the
petition system, requiring any petition be addressed within 60 days after it is
accepted.
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Medical staff of
the People's Hospital in Xinle, North China's Hebei Province, storm the
local government September 14, 2005. The move is to protest against the
government's decision to establish the only 120 emergency center of
the city in another hospital.
[people.com.cn]
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It also requires that governments at all levels must establish and perfect
the accountability system in its petition work and any negligence will be
punished.
In addition, how officials handle petitions will be taken into account in
their job performance assessment.
As a way of guaranteeing citizens' rights, the petition system should be
convenient and smooth, a notion that has been taken into consideration in these
amendments.
Any petition should be sent by letter, fax, email or other written forms.
The inclusion of emails as an option is indeed a major progress. It should
not only increase efficiency, but also greatly reduce petitioners' economic
costs by saving them the trouble of visiting offices in person.
The revised regulation also calls for the establishment of a nationwide
petition information network, which should enable petitioners to lodge appeals
and check petitions from where they live.
Protecting people's legitimate rights to complain is highlighted in the
amendment.
It says any individual or organization must not take revenge on a petitioner,
otherwise they will face legal action.
In particular, the amendment stipulates that if administrative organs are
found to be infringing petitioners' rightful interests, the officials concerned
will be dealt with by the civil code or criminal law.
Meanwhile, petitioners' activities will also be regulated under the
amendment, as a smooth and orderly petition channel is the key to guaranteeing
people's legitimate interests and rights.
The amendment states that any violent or disorderly act that results from a
petition, such as the disruption of government services, or the blocking of
traffic, will be dealt with in accordance with the criminal law.
The newly-amended rule on petitions is expected to contribute greatly to a
more smooth running government machine.
People's right to petition is well enshrined in the Constitution and
therefore should be well guarded.
The revised petition rule has put such constitution-mandated rights on a new
legal basis.
Before, some government officials always interpreted, sometimes deliberately,
the petition system to their favour, viewing petitions as destabilizing and
petitioners as trouble-makers.
Some corrupt local officials, fearing residents' petitions could uncover
their dirty dealings, always tried their utmost to obstruct or repress the
petitions, or sometimes, even strip petitioners of their right to complain.
Such gross violation of citizens' rights seriously harms the public's trust
in the government.
Now with the new regulation on petitioning clearly stating petitioner's
legitimate rights, the situation is set to improve.
Despite the merits, there are still flaws with the newly-amended rule.
To some extent, the whole process of amendment-drafting was done behind the
closed-doors.
No public hearing was held before the amendment was drafted.
And its draft was not published in the media to solicit public input before
it was finalized.
In addition, there are technical flaws, such as vague wording, in the
amendment itself.
Take the provision that a public hearing may be held to settle any "major,
complex and knotty petition issue" as an example.
The wording here is too vague and lacks specific definition as to how to
categorize which issues are "major, complex or knotty," which is likely to
result in confusion and leave room for possible abuse.
Also, it is suggested that lawyers be encouraged to offer legal assistance to
both government petition offices and petitioners, something that could create a
conflict of interest.
It is hoped that such flaws are corrected when the follow-up implementation
rules on the regulation are drafted.
The petition system has a significant bearing on the government's public
credibility, and therefore it should be taken seriously.
And as such, the rules on petitioning should be amended to fit in with
changing circumstances.
The latest amendment is a giant step forward in this direction.
Its implementation is expected to contribute positively to our on-going
endeavour to build a harmonious society.
(China Daily 02/24/2005 page6)
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