Professor Wang Minyuan: a fundamental transformation of the mode of lawyer’s participation in resolving and representing cases of complaint by letter and visit relating to legal proceedings

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On 6 August 2015, the CPC Political and Legislative Affairs Committee issued the Opinions on Establishing the System for Lawyers to Participate in Resolving and Representing Cases regarding Letters and Visit relating to Legal Proceedings (for Trial Implementation), according to which a lawyer can provide legal advice to and represent a complainant in the procedures of complaint by letters and visits. In a recent interviewed by the newspaper Legal Evening News, Professor Wang Minyuan, a senior researcher at CASS Law Institute, pointed out that the Opinions represents a major transformation of the mode of handling complaints by letters and visits in China from the one driven by administrative organs to one in which administrative organs resolve disputes in accordance with procedures prescribed by law. The reason why a person files a complaint by letter and visits is that he is not satisfied with the handling of a case by an administrative or a judicial organ and become emotional about it. Therefore, he needs a lawyer to help him to make his claim in a reasonable way. Moreover, because most complainants are too poor to hire a lawyer, it is necessary for the state to provide them with free lawyer’s service. At the beginning of its operation, this system needs the participation of senior lawyers with good reputation and rich experience. Complaint by letters and visits has been the most important means by which the CPC and various departments of the Chinese government resolve social conflicts and disputes. Its importance in China has been equal to, even greater than, the judicial means of conflict resolution. After the idea of ruling the country by law was put forward by the CPC, all complaints relating to legal proceedings must be resolve by judicial means. This seems to be only a change the working mechanism of the system of complaint by letters and visits, but actually represents a major transformation of the mode state governance in China.