《People’s Daily》 Hao Jinsong: Law and Justice
In the modern civilized society, the only way to advocate self-right and eliminate abuse is lawsuit.
As per the requirement of central government, the 16th of Central Committee Conference to be held in October this year will focus on the research of constructing a harmonious socialistic society. Hu Jingtao, the general secretary, once pointed out that “The harmonious socialistic society we are going to build should be a society with a complete system of democracy and nomocracy, a society full of justice, honesty, friendship and vigor, a society with stability and good order and a society in which human being can have a harmonious relationship with the nature.” Democracy and nomocracy is not only an important guideline of the harmonious society but also the means and guarantee to construct the harmonious society. Today, we invite experts from all aspects to talk to their hearts’ content about “Law and Harmonious Society” from different views of conception, justice, honesty and environment protection.
Litigating the subway to supply with the invoice of 5-jiao at the public toilets, litigating the railway to supply with the invoice for shopping on the train… From the summer of 2004, Hao Jinsong has brought 7 suits against the commonweal, which enables him become a persistent “litigant against commonweal”.
As a basic feature of the harmonious society, Equity and Justice are realized by a specific programming that is the Law. The law is indispensable for a nation with a population of 1.3 billion.
Law is rational contract for constructing a harmonious society. Equity is a representation form of the Law, while Justice is content of the Law. Law not only represents for Equity and Justice as well as the interest of most of the people, but also acts as a shield to protect peoples’ interest and equity and justice.
In China, Law is constituted through democracy procedure by legislature, which represents for the interest and will of the people. Law itself contains the spirit of equity and justice. In the recent years, the public opinion plays a more and more important role in the constitution of the law. The legislature can veritably represents for the interest of the people and justice by continuously listen to the public opinions.
Judicature is the final line of defense of the equity and justice as well as an effective relief when the legal rights get infracted. Nowadays in China, the right of the citizens has two kinds of misunderstanding: one is being passive to give way; another is being extreme to resist, even using illegal ways such as by force. When there is injustice, we should solve it by legal ways. That is the right way for the citizens to protect their legal rights. The court is the right place for those who desire for justice. The suit is the right choice for those who believe in laws.
When someone goes to court for protecting dignity of the law, law becomes a holy powder to overawe the illegitimacies. A typical case, especially those suit for the commonweal, will always arouse peoples’ attraction to
In a word, in the civilized society, the only way to advocate self-right and eliminate abuse is lawsuit.
From the summer of 2004, for the purpose of the commonweal, I has brought 7 suits: against railway station refusing to provide invoice for shopping, meal and returning tickets, against taxation bureau failing to fulfill their legal responsibility to investigate and dispose the illegal activities, against no public toilets in the subway which was constructed using the taxes paid by our taxpayers, against unavailability of getting invoice at the public toilets…
Not all of the 7 suits are recovered. The result is not so important to me. The most important meaning lies in its process. Even if I loose the suit, it still can disclose some deep problems behind the lawsuit as well as remind and urge the relevant organizations to improve their service and work.
We never got the invoices for shopping, having meal and buying cards on the train before. All the people including the Taxation Department responsible for the imposure neglected this so called “tradition”. They even remain indifferent to it when receiving the complaints and fail to fulfill their responsibilities. Therefore, I brought a suit against the National Taxation Bureau and Beijing Dongcheng Taxation Bureau.
In February of 2006, the National Taxation Bureau allied with the Ministry of Railway issued out a document saying that all trains should be equipped with special invoice for sales and pay taxes according to the law. This action not only guarantees the legal rights of the 1 billion passengers to get invoices after consumption, but also increase the nation’s revenue.
There was no toilet in No.8 subway in Beijing before. And fee-paying public toilets never issue out invoices to the passengers. Now the situation changes after I charged against the Beijing Subway Department. The public toilets now have been equipped with 5-Jiao invoices in the No.8 subway and chased by the local taxation bureau to pay taxes of more than 20 thousand RMB.
By suit, citizens utilize their right obtained from the Constitution and Laws. Laws guarantee the legal rights of the citizens. The government function institution takes initiatives to cooperate with the people for supervising and improving their work. Under the protection of the Laws, the equity and justice of harmonious society can be materialized.
Chinese citizens of the new era should regard law as their belief and participate in the management of state affairs by exercising the laws on their own initiatives. It is right and obligation of the citizens to advocate civil rights and bring suits according to the laws. China will be operating in a virtuous environment and become an ever-increasingly mature democracy nation if more citizens can obey and use the laws.
People’s Daily (15th edition on August 9, 2006)