Chongqing Court Analysis: Increase in Petitions Caused by Institutional Weaknesses of the Judiciary

Chinese authorities are experiencing an increasing number of xinfang petitions of final court decisions, ongoing court cases, and legal issues which should be handled by the judiciary, according to an analysis by a Chongqing local court official published on the China Court Network Web site. Petitioners are increasingly resorting to extreme behavior, multiple petitions, and organized petitioning efforts to pursue their grievances.

The growing number of xinfang petitions has multiple causes, as noted in the analysis. Chinese court decisions often fail to affect the behavior of parties, leaving them little choice but to pursue repeated petitions to redress their grievances. The existence of xinfang channels facilitates petitioning by providing a means for both officials and citizens to mobilize external political pressure to interfere with (or attempt to enforce) judicial decisions. For many citizens, the financial cost of pursuing a court case means that (free) xinfang petitions are a rational economic choice.

Internal judicial practices identified in the article also generate citizen petitioning. Within Chinese courts, judges often face punishment under court responsibility systems if they fail to keep the numbers of petitions and appeals under designated levels. This incentive structure leads some judges to cover up or dispose of particular cases in an effort to prevent them from reaching higher authorities. This often generates additional grievances that are the subject of renewed petitioning efforts.