Simple question onlee.
How easy and typical is it to sue the Chinese govt and actually win?
I mean, Is it even possible (coz last I heard that needs an independent judiciary, not a pakistan-style one)?
Sounds like a dumb question, right? Well, why that question gains importance is this - if the govt decides this 'slum' needs to go to accommodate the new china-disneyland, what recourse do the slumdwellers have? A court stay-order? really?
Now, if the chinese peasants have no recourse, why is the state under pressure to offer 'fair compensation'? Or are there never disputes about what is 'fair compensation' under china's superior system? (I can see how that works when the same entity (CCP) is everything - govt, judiciary, bank, contractor, lawmaker, law enforcer, and executioner).
1.Legally,Judciary in China is " independly" ,but in fact ,the leaders of local judiciaries are nominated by the leaders of local CCP branch . the budget of local judciary is also controlled by the leaders of local government.
So , In fact , Local judiciary in China is controlled by the Local CCP branch and local government.
2. If the govt decides this 'slum' needs to go to accommodate the new china-disneyland without reasonable compesation,the slumdwellers usually have two recources to trouble local governments.
a. Tell the case to the superior of the local government. it is a expensive way and lasts long time.
For example, if the city government didn't pay enough compensation, people would tell the case to the provincial government and ask the provincial government to stop the city government.
If even the provinical government still refuses to take any measues, people even can send the case to center government and ask a final judge from the center government.
b. organize enough people to protest on street together and attact the attention from Beijing and the public.
It seems funny but it is indeed a cheap and effective way,because any reported mass-protest would ruin the local leader's carears.
In china, if one or two people protest on streets, he or they would be arrested at once without much attention.
but if one or two hundred people protest on streets,the leaders of local governments would be dismissed at once.
So what the local officals fear most is "mass-protests",because "mass-protest" usually ruin their carears.
Which brings me back to the chinese system's inevitable superiority in rural-land distribution... if the peasant doesn't own the land but is merely a lessee from the state, what recourse does he/she have to a simple cancellation of the lease?
I am afraid that nobody would "cancell" the lease, because it is a free lease. peasant need not pay any money for the lease.
well, the land is legally owned by "villages" ,instead of "the state".
peasants rent land from "villages" freely.
Since transfer of title is anyway not possible for lesees, what do peasants do when the land is gone for rural redevelopment projects or whatever?
And if the said peasant has no recourse, why should the state bother with niceties of compensation etc? Wouldn't the Kim jong ill style of doing business be more 'efficient', eh?
Just wondering onlee.
Of course, let us grant that the PRC system has to be superior because the superior chinese designed it. Having agreed to that, lets us proceed further and appreciate these nuances of how this superior system works to ensure rights, harmony and prosperity to all.....
1, In industrialized Chinese coastal rural area, many villages have changed all its land into industry-zones and lease the land to companies and plants . in those industrialized villages, peasants have 3 kinds of income usually.
a. Distributed rents of village's land.The villages distribute the huge "rent" to every peasant as dividend and bonus. In pearal river Delta, such rent is quite considerable .
here is a typical village industry-zone in Pearal river delta
b. rent of villiager's houses. villagers can lease some rooms of their houses to the workers in the industry-zone. such rent is much more than the rent of village' land.
the following is a typic industrialized village in pearal river delta . the building are all villager's houses rented by workers in local industry-zone.http://files1.szhome.com/UploadFiles/BB ... 568622.jpg
c. villagers usually find another non-agriculture job when their land become industry-zones.
With the above 3 incomes, the villagers in industrialized costal china in fact is richer than most urban Chinese. with the rent for issurance, they can still live a cozy life even they are unemployed.
2. if " the state" wants to build a expressway through a village, " the state" has to "buy" the occupied land from "the village".
Just as I refered, the leaders of local governments usually have to do what they can do to stop or avoid " mass-protest",because once "mass-protest" is knowed by medias or the center government, they usually are dismissed.