Politics
2020.04.30 18:54 GMT+8

The circuit courts bringing justice to the people

Updated 2020.04.30 18:54 GMT+8
By Zhou Xi

In the more remote corners of China, it can be difficult for isolated villages to access some of the goods and services that most of us take for granted. So, communities have grown used to being relatively self-sufficient, not only in feeding themselves, but also in providing essential public services. The solution can often be rudimentary; in the case of administering justice, for example, the judgment of a village elder may be sought to settle a dispute. 

However, this approach is increasingly being shunned. Against the backdrop of national reforms of the legal system, China's rural residents are becoming aware that the purpose of the law is to serve them and protect their interests. In minor cases, a village elder may still be asked to pass judgment. However, when disputes are complex or contentious, professional legal intervention by a higher authority may be required. It would be impractical for all the concerned parties to make the difficult and time-consuming journey to a major population center where a permanent court is located. So, instead, the court comes to them. 

These circuit courts are led by a judge. He is accompanied by one or two court officials, whose duties include selecting an appropriate venue, which may well be the village square, setting up chairs and desks, ensuring that the national emblem is prominently displayed, and recording proceedings. 

But before the trial gets underway, the judge may attempt to mediate. To this end, he visits the plaintiff and defendant in their homes, or even in the fields where they are working. His purpose is two-fold; to ensure that due process is observed, and to try and resolve the dispute without the need for a trial. 

Rural communities are close-knit, and settling a dispute amicably is considered preferable, in the interests of preserving harmony. A ruling passed down by a court may be divisive, and could cause resentment that may fester and lead to lasting problems.  

But if the judge cannot mediate, he will rule that a trial must go ahead. Plaintiff and defendant, having rejected his mediation, are beholden to his ruling – whether it goes for or against them.  

The Supreme People's Court established China's first two circuit courts, in Shenzhen in the country's south and Shenyang in the northeast, in January 2015. Now, with a view to extending access to justice to the entire population, six regional circuit courts are in operation, covering China's eastern, central, southern, northwestern, southwestern and northeastern regions. 

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