Recently, the Chinese Communist Party began to implement the “Regulations on the Qualification of Defendants” and “Regulations on Application for Retrial”, to which mainland visitors said, the Chinese Communist Party does not even comply with the basic laws, the introduction of more legal provisions is useless. In many demolition cases, the court is an accomplice, and the demolished households have no way to sue, and their petitions are suppressed.
Since April 1st, the CCP has been implementing the “Regulations of the Supreme People’s Court on Several Issues Concerning the Correct Determination of the Qualification of Defendants in Administrative Proceedings of Local People’s Governments at or Above the County Level” (the “Qualification Regulations”) and the “Regulations of the Supreme People’s Court on Several Issues Concerning the Handling of Administrative Applications for Retrial” (the “Application for Retrial Regulations”).
Officially, the CCP claims that these two judicial interpretations focus on areas directly related to people’s interests, such as compulsory demolition, real estate registration, and government information disclosure, claiming to effectively solve the problems of procedural vacillation, long dispute resolution cycles, and untimely relief of substantive rights and interests, which are strongly reflected by the public. However, mainland visitors have said that the Chinese Communist Party does not even comply with the basic laws, the introduction of more legal provisions are useless.
Ms. Tong, a mainland visitor: “The law seems to be very sound, but our house (forced demolition) for so many years, I have more than 20 years, the problem is not solved now, the court or, now are corrupt. It is now out a lot of policies, articles ah, but useless ah, the court it will not use the law to do, we the people also have no say.”
In response to the second article of the “Qualification of the defendant” said “no forced demolition decision, the specific implementation of the forced demolition of functional departments as the defendant”, mainland visitors said that many cases of forced demolition, the court is an accomplice, the forced demolition of households simply have no way to sue.
The court is responsible for the demolition of my house,” said Ms. Gui, a mainland visitor. The Constitution stipulates that our freedom and property are inviolable, but it is violated everywhere, that is, we are not convenient to travel, are restricted. Sometimes we can’t come to Beijing for meetings, we can’t intercept them, we can’t be beaten in black prisons, we can’t have our personal freedom restricted, we can’t have our ID cards and cell phones detained, we can’t be searched naked.”
The petitioners also said that their houses were forcibly demolished by the local government, and both the police and the court refused to file a case on the grounds of “government action”, and they were suppressed for petitioning.
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