8/20/2008

Legal problems of protest

Here is the story of a brave lawyer who are against all odds to pursue his ideal. Another story tells about two elderly women, who had some problems in settling down the compensation fee with the real estate developer for the demolition of their old houses, applied for the permission to protest in the specified zones by the local authority but only received ridiculous punishment. Sadly, it's impossible to look into the details of these two cases. So it's just for the reference here.

However, some Chinese legal experts do write up something on the protest issue. In his
essay about citizen's rights to protest in China, Gao Yifei, a professor in Xiangtan University of Hunan province, elaborates the legal basis on the citizen's right to protest, particularly the historical context for the protest law passed in 1989. More importantly, he also points out that there are some flaws that need to be re-addressed in that law. For example, there is no clause in the current law to grant citizens the right to litigate the government to the People's Court if their applications are rejected by the government, which means under the current situation, if citizen's application is rejected by the government, he/she basically has no means to obtain further legal support. It's the dead end. Obviously, such a law is not sufficient to fully guarantee the citizen's right.

I must say it's a timely analysis which is very helpful to understand the issue of protest right. The problem is when lawmakers in China will write a bill to amend the current assembly and demonstration law.

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