Lawmaker proposes 15 years in prison for petitioning
Beijing (AsiaNews) – Chinese citizens who petition the government to complain about abuses by local officials, a right recognised under China’s constitution, could get up to 15 years in jail if Liu Qingning had his way. Mr Liu, who is a member of the National People’s Congress (NPC) and a deputy director of the Legal Affairs Committee of the Guangxi Regional People's Congress, wants to put away people who “seriously disrupt the normal life and work order of local government leaders”.
If his proposal were accepted, it would turn a long-standing policy on its head. Indeed, China’s central government and President Hu Jintao have repeatedly urged ordinary citizens to blow the whistle on corrupt officials by petitioning higher authorities. A special agency has even been set up to handle such cases to avoid burdening the regular administration.
Even Premier Wen Jiabao in his opening address to the NPC said that the authorities should value petitions as a useful tool to prevent social conflict because it would allow the right authorities to act. "We will improve the handling of public complaints lodged via letters and visits," Wen said in his report.
In his view, actions allowed under current petition rules, like demanding compensation from local government, should be criminalised if they were repeated and caused "serious consequences". These actions include chanting slogans, unfurling banners, distributing printed or written material, staging sit-ins, blocking exits of buildings, occupying or overstaying in petition offices, suicide attempts and self-harm. A jail sentence of up to three years would be given to petitioners when they are involved in one such action, rising to seven to 15 years for "particularly serious cases".
The proposal by Liu Qingning was slammed by internet users, lawyers and petitioners. Many wondered whether he was a representative of the people or of “corrupt officials”. Others suggested that he had the mindset of a feudal lord.
One well-known Chinese blogger, Wu Yonglin, made a counterproposal, suggesting that China’s criminal code be amended to make it a criminal offence when officials fail to do their best in handling complaints and petitions from the public.
In the meantime, social unrest and protests against local government continue across China. The Chinese Academy of Social Sciences released its 2010 Rule of Law Blue Book at the end of February. In it, it said that the number of criminal and civil cases in China increased substantially in the first ten months of 2009, reaching 5.3 million and 9.9 million respectively, with the former rising by over 10 per cent and the latter by about 20 per cent.
It found that the rising crime rate and growing social unrest are directly related to the financial crisis and the vagaries of China's economy. This year, things could get worse. In fact, the country has not yet completely recovered from the slump in spite of rising industrial output. What is more, it still has major social problems to solve, starting with the millions of unemployed migrant workers who are still out of work.
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