Studies / Reports: December 2005 Archives

By Joseph Kahn - The New York Times
December 28, 2005

SHIQIAO, China - The peasants surrounded the clerk in the busy court anteroom, badgering him to let them sue the officials who had seized their land.

No, no, the clerk said, shaking his head and waving his hands, as the peasants recalled it. They were wasting his time and theirs. But as they withdrew, their legal papers remained on his desk in plain sight. Maybe, the peasants hoped, that meant the clerk had tacitly accepted their application to sue.

"In two years of trying every option under the law, this was a moment of optimism," said Li Huitang, a leader of peasant resistance in Shiqiao, a village in Hebei Province, in northern China. "We hoped he might rule on our request."

Even a written rejection would have been a bonanza, enabling them to appeal to a higher court. But it was not to be. The clerk soon called Mr. Li's home, ordering him to retrieve the documents. When Mr. Li declined, the clerk mailed them back in a plain manila envelope, unmarked, unprocessed and officially ignored.

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.

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By JIM YARDLEY | The New York Times

XIAOSHABA, China - Far from the pulsing cities that symbolize modern China, this tiny hillside village of crude peasant houses seems disconnected from this century and the last. But follow a dirt path past a snarling watchdog, sidestep the chickens and ducks, and a small clearing on the banks of the Nu River reveals a dusty slab of concrete lying in a rotting pumpkin patch.

The innocuous concrete block is also a symbol, of a struggle over law that touches every corner of the country.

The block marks the spot on the Nu River where officials here in Yunnan Province want to begin building one of the biggest dam projects in the world. The project would produce more electricity than even the mighty Three Gorges Dam but would also threaten a region considered an ecological treasure. This village would be the first place to disappear.

For decades, the ruling Communist Party has rammed through such projects by fiat. But the Nu River proposal, already delayed for more than a year, is now unexpectedly presenting the Chinese government with a quandary of its own making: will it abide by its own laws?

A coalition led by Chinese environmental groups is urging the central government to hold open hearings and make public a secret report on the Nu dams before making a final decision. In a country where people cannot challenge decisions by their leaders, such public participation is a fairly radical idea. But the groups argue that new environmental laws grant exactly that right.

"This is the case to set a precedent," said Ma Jun, an environmental consultant in Beijing. "For the first time, there is a legal basis for public participation. If it happens, it would be a major step forward."

China's leaders often embrace the concept of rule of law, if leaving open how they choose to define it. For many people in China's fledgling "civil society" - environmentalists, journalists, lawyers, academics and others - the law has become a tool to promote environmental protection and to try to expand the rights of individuals in an authoritarian political system.

But trying to invoke the law is risky. Chinese nongovernmental organizations, few of which existed a decade ago, have taken up the Nu as a major cause. But the activism on the Nu and other issues has provoked deep suspicions by the Communist Party even as a broader clampdown against such NGO's has forced some to shut down. The government knows China has a drastic pollution problem and has passed new environmental laws. But top leaders also demand high economic growth and need to increase energy supplies to get it. The "green laws" are becoming a crucible to test which side will prevail and whether ordinary people can take part in the process.

The closed process that led to the Three Gorges Dam is what opponents of the Nu dams most want to avoid. In the late 1980's, a wide range of intellectuals and others tried in vain to force public hearings to discuss the environmental and social costs of a project that has flooded a vast region and forced huge relocations. Ultimately, opponents could only muster a symbolic victory as the final vote in the National People's Congress included an unusually high number of abstentions or nay votes.

The central government is still deliberating how to proceed on the Nu. Domestic media coverage has been banned in recent months. Three central government ministries refused interview requests, as did provincial officials in Yunnan. Local officials along the Nu River, after initially agreeing to an interview, failed to reply to a list of written questions.

Out in the jagged mountains along China's remote southwestern border, villagers in Xiaoshaba gather information about their future from rumors. In early December, a team of surveyors inventoried property and measured the narrow terrace of village farmland along the Nu. Several villagers say local officials have told them that everyone would be relocated around the upcoming Lunar New Year holiday, which ends in early February - even if the dams have not yet been approved.

"If they tell me to move," said one villager, Zhang Jianhua, "I have no other choice."

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By JOSEPH KAHN - The New York Times

BEIJING, Dec. 12 - One November morning, the Beijing Judicial Bureau convened a hearing on its decree that one of China's best-known law firms must shut down for a year because it failed to file a change of address form when it moved offices.

The same morning, Gao Zhisheng, the firm's founder and star litigator, was 1,800 miles away in Xinjiang, in the remote west. He skipped what he called the "absurd and corrupt" hearing so he could rally members of an underground Christian church to sue China's secret police.

"I can't guarantee that you will win the lawsuit - in fact you will almost certainly lose," Mr. Gao told one church member who had been detained in a raid. "But I warn you that if you are too timid to confront their barbaric behavior, you will be completely defeated."

The advice could well summarize Mr. Gao's own fateful clash with the authorities. Bold, brusque and often roused to fiery indignation, Mr. Gao, 41, is one of a handful of self-proclaimed legal "rights defenders."

He travels the country filing lawsuits over corruption, land seizures, police abuses and religious freedom. His opponent is usually the same: the ruling Communist Party.

Now, the party has told him to cease and desist. The order to suspend his firm's operating license was expanded last week to include his personal permit to practice law. The authorities threatened to confiscate it by force if Mr. Gao fails to hand it over voluntarily by Wednesday.

Secret police now watch his home and follow him wherever he goes, he says.

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