New rules may cause spike in ‘silly’ lawsuits
Print Edition
New rules making it easier for people to file lawsuits in China have sparked concerns that they might also facilitate a spike in frivolous claims, like the one made recently by a Shanghai man who said the actress Zhao Wei was staring at him through his television.
The number of cases handled last month rose 29 percent year on year to just over 1 million after the regulations, which make it more difficult for courts to reject lawsuits, took effect on May 1, the Supreme People’s Court said.
The new system requires courts to accept legitimate lawsuits when they are filed or state clearly the reasons for rejecting them. Citizens also have the right to appeal the decisions.
“Previously, it was difficult for administrative cases, such as people suing governments, to be accepted,” said Li Heping, a Beijing lawyer.
In announcing the registration system, Xinhua news agency said: “Authorities are determined to put an end to obstructive behavior by courts and officials meddling in cases.”
The change has led to the Pudong New District Court in Shanghai receiving a case against actress Zhao, the court’s litigation service hotline confirmed.
A court official, who declined to identify himself, refused to say whether the court has accepted the case.
Zhao is one of China’s biggest and richest movie stars, and starred in director John Woo’s “Red Cliff.”
Media reports claimed the suit filed concerned the prime-time TV show “Tiger Mom,” which debuted in May and centers on a couple’s differing approach to raising their daughter.
Zhao plays the big-eyed mother who relentlessly pushes her daughter’s development, while the father wants his child to have more freedom.
The Legal Daily said the plaintiff was alleging Zhao’s stare caused him “spiritual damage.”
Gan Wen, deputy head of a case-filing chamber under the Supreme People’s Court, told a news conference on Tuesday that the Zhao case was an example of citizens abusing their right to file lawsuits.
“It’s not good to waste our judicial resources on cases like these,” Gan said.
The revised rules have placed more pressure on judges, some of whom have resigned as a result of the increase workload.
“Some judges complain if they hear 400 cases a year, but in other countries, judges deal with as many as 3,000 cases a year and see it as no big deal,” Gan said.
Since May 1, the number of administrative cases filed has risen 221 percent, Gan said.
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