Chinese Lawyer Suing NPC’ Election of Heads
Wang Cheng, a lawyer from Hangzhou, Zhejiang Province,
has filed a lawsuit to China’s Supreme Court,
calling the heads’ election by National People’s Congress
(NPC) “unconstitutional” and “invalid.”
Wang has also requested a reelection to be held.
His claim was received by the Supreme Court on Mar 19.
The court will make a decision on whether to accept
the case in seven days.
Currently Wang is still waiting for the response
from the Supreme Court.
Wang Cheng told NTD that he filed the lawsuit
according to China’s current Constitution.
The latter requires the NPC’ standing committee members
to not hold office in any administrative, judicial, or procuratorial institution.
However, Zhang Dejiang served as a vice premier,
when elected as NPC’ standing committee chairman.
Plus, five other NPC’ standing committee vice-chairmen,
now elected as well, are in a similar situation.
Wang Shengjun was chief justice of the Supreme Court;
Zhang Ping was director of the National Development and Reform Commission;
Chen Zhu was health minister;
Wan Exiang was vice president of the Supreme Court;
Wang Chen was director
of the State Council Information Office.
Wang Cheng: ”According to China’s Constitution, for heads
of the State Council, the Central Military Commission,
the Supreme Court, and the Supreme Procuratorate,
their terms in office should agree with that of the NPC.
This creates a problem here. When new NPC session starts,
those former officials should leave their posts immediately.
However, their successors will not be designated
until over a dozen days later.
Thus no one is managing those institutions in the time gap
and there may be a power vacuum in between.”
The NPC has made remedy moves afterwards.
Zhang Dejiang, Wang Shengjun, Zhang Ping, Chen Zhu,
and Wan Exiang had resigned from their former positions, days after being elected by the NPC.
However, Wang Cheng remarked that it is unacceptable
for the NPC to violate the Constitution as China’s supreme legislative body.
As Chinese citizen and a lawyer, Wang said he has a duty
to stand up and protect the authority of the Constitution.
Wang Cheng: ”Besides, I personally expect to push forward
China’s constitutional judicature by doing this.
I hope our nation can become a real constitutional state
where the court decisions play more important roles.
In addition, I also want to call for attention and discussion
from the whole Chinese society.
This will help promote
China’s Constitution status.”
The lawyer is also expecting
improvements of China’s Constitution.
Wang remarked, the Constitution was never implemented
to the full in juridical practices of protecting citizens’ rights.
Most of the time China’s Constitution is only an “ornament”
for good look rather than using it in real practices.
As a lawyer, Wang said he was willing to promote changes
to China’s legal system, as any civil rights are safeguarded by their political rights.
Wang also spoke about how he had been involved in many
civil rights activities these years, which had brought a lot of pressure to his career.
Wang Cheng: ”These years I have started or took part
in many activities, like “Refuse to Buy House Movement,” and the joint effort to abolish the labor camps’ system.
I set up a lawyers monitoring group for the NPC’s election,
sued its electoral commission, and attended the election as independent delegate candidate myself.
I also requested that the Finance Department
makes the financial information public.
Lately, I also sued the State Council.
I sued them twice and received no response.”
In September, 2011, Wang Cheng’s contract with his former
law firm expired and he was refused a contract renewal.
In February, 2012, he signed up
with another law firm.
However, that firm failed to honor the contract,
being under pressure from the authorities.
After that Wang Cheng tried to open his own law firm,
but could not get a license for that.
Wang Cheng revealed that his two microblog accounts
were deleted after he published there about his lawsuit.
He further remarked that in reality some officials deprive
citizens of their political rights, either publicly or secretly.
However, the political right is a very fundamental issue,
and it needs to be protected by the national institutions.
If the citizens have no supervision over those organs,
and fail to build a “check and balance” system, accordingly their rights will not be protected.
Wang Cheng believes that the highest level of protecting
civil rights is to protect citizens’ political rights.