Citizens seek legal help to resolve disputes, taking court
rulings as society's ultimate guarantee of justice.
As a primary organ of state power, the courts are supposed to
ensure justice prevails.
But our courts have long been hampered by various obstacles. In
many cases, verdicts are not worth the paper they are written
on.
The Communist Party of China central authorities' decision to
deal with court rulings that are not enforced represents a sensible
starting point for consolidating the authority of the law.
The proposal to link a nationwide information network on the
implementation of court rulings to a database containing records of
objections to court rulings shows fresh thinking.
The idea of forcing people to take their legal obligations
seriously, through limits on or bans of such activities as
fund-raising, property procurement, luxury consumption and border
control may prove to be very effective.
Such information sharing is targeted at what has been referred
to as a "State deterrence mechanism" for implementing court
rulings. It may serve that end well.
A key factor behind rampant resistance to the enforcement of
unfavourable court rulings is the absence of meaningful
accountability mechanisms. As a result, not only individuals and
private enterprises, but State firms and government offices
disregard court decisions without paying a price.
One of the most annoying aspects of this phenomenon is
barricades erected by local judicial or administrative authorities
against court decisions considered to go against local
interests.
Making people pay for their misconduct is a logical response.
The only deterrent preventing contempt for the law is demonstrating
the coercive potential of State power.
The CPC legal authorities' initiative makes sense because it
works on the principle of making the guilty pay the price. We can
thus be reasonably optimistic about the result of the Supreme
People's Court's decision to clear court rulings that have not been
enforced before June.
As an important part of the court system's campaign to regulate
enforcement and promote fairness, the new initiative also attempts
to eradicate local and departmental protectionism.
Architects of the new mechanism were aiming for immediate
improvements. Talk of the rule of law previously sounded
hollow.
Another positive aspect of the crusade against ignored court
verdicts would be the rectification of local and departmental
decrees that conflict with national legislation, or obstruct the
implementation of court decisions. That will prove even more
significant than case by case clearing.
But we cannot afford to neglect legitimacy.
We have heard a lot about effectiveness in discussions of the
campaign, but little about the legal connotations of the measures
proposed. Since the government wants to safeguard the authority of
the law, full legitimacy must be ensured.
(China Daily January 25, 2006)