Government are taking on a role to manage and service the society, and be taking on a role to arbitrate the society, it is inevitable to initiate the benefit conflict and the interest conflict between the government or the governmental officers and the common people. While the conflict was occurring between the common people, any side of the case would find some officers to intervene their case. These activities involved the rotten of the governmental officers, the unfair enforcing of the law and the unfair justice.
The every level governments and CCP, which referred the military system to set up, didn't set up a system which resolved the contradiction and the conflict of common people. Either the common people were compelled to the complaining that they would complain to the higher authorities, or they would resort the violence on streets to vent their indignation. For avoiding the intensifying of the social contradiction, and for avoiding the indignation of the common people to lash the government directly, CDP advocate to carry out the system of the small claim court, and to assist the system of the independent civil court, to resolve the problem that the common people are complaining to the higher authorities.
Small claim courts are easy to use; the cost for lawsuit is low; the common people can attend directly the hearing; the clients need a few of the law knowledge; the clients neednót hire attorneys, so it can resolve almost cases which are closely related to the life of the common people. Especial it can resolve the cases that the common people donót convince the fine and the penalization of governments to the common people. Governments should try to change the traditional concept that the common people donót like to go to law, and encourage the common people to use the small claim court. When the Complaining Department of Governments received the cases for complaining to higher authorities, they should assist them to register in the small claim court in first, and their complaining will be hearing in the small claim court.
For avoiding that the common people donót believe the courts and Judges, the follow system should be carried out: 1.The effective regulations and system should be set up, and guarantee that the courts should independent from all level governments and parties; 2. the system that all judges in different districts are exchanged and the system that all judges in different districts are on duty shortly times; 3. Before the hearing be holding, the lots should be drew to decide who will be the master hearing judges; 4. the clients can request to use the judgesó jury. For be on guard to abuse the judges' jury, the part cost should be paid by client if they request to use the judges' jury in the small claim court. 5. After hearing in the small claim courts, any parties donót convince the decides of the court, they can appeal to the district civil courts, the higher civil courts and the central ground courts, the finial decides should be made by the judges' jury.
Chairman of China Democracy Party
It was published on World Journal on Oct. 1, 2008.