Local courts are receiving an increasing number of administrative litigations. And local administrations are more toughly checked in their procedures. Legal experts are happy that citizens are more conscious of protecting their legal rights. They are also optimistic that the government is working to be more transparent in using their power. Our Shanghai Today Feature takes a closer look at the minds open process in this city.

Track #1:
HE Renguan from the city¡¯s suburban Fengxian District was entrapped in an employment fraud. He reported his mishap to local police, but received zero reply under various pretexts. Though reluctant, HE chose to sue the police for nonfeasance.

SOT #1: He Renguan
It would have been my last choice to bring it to the court.

Track #2:
HE¡¯s case is among the 18-hundred administrative litigations in Shanghai last year. Such litigations feature arguments about legitimacy of penalties, compulsory measures, and permissions in administrative procedures. With abundant evidence, HE got a favourable verdict.

SOT #2: Gu Jianchun, Chief Justice//Administrative Tribunal, People¡¯s Court, Fengxian District
We support HE¡¯s appeal. After he reported the suspected fraud, local police haven¡¯t done any investigation. Nor did they offer any sound reasons for their failure to take action. It is obvious nonfeasance.

Track #3:
Officials from the city¡¯s high court admit the number of such cases is rising, a 22% increase in 2004, and most prosecutors have actually won their cases. Another noticeable increase is the number of prosecutors who recall the lawsuits after both sides reach acceptable agreement. Experts interpret the phenomenon as citizens¡¯ increasing awareness of their legal rights. And they also praise administrations¡¯ courage to take initiative in error correction. Even so, experts still believe there is margin for improvement for fairer tribunals.

SOT #3: Zou Jialai, Director//Administrative Law Seminar, Shanghai Lawyers¡¯ Association.
Administrative tribunal should be run without the curb from local administration in budget and staff designation. Then, it will become more independent and more impartial.

Track #4:
Legal experts are also concerning about the current Administrative Litigation Law, which took effect in 1990. They argue the law needs revising to further restrict the abuse of administrative power. And they also call for more transparent administration to enhance communication. Shanghai government kicked off its transparency programme starting 1997, offering public access to governmental information, and has received fairly positive feedback.

David

What hasn't been addressed is that there still remains obvious demand from migrant workers to find jobs through illegal agencies, at the essentially the same price as formal, legal agencies. Even increased regulation won't solve that problem. But if the city just licenced more legal agencies (with training and supervision of course), then the problem might go away.. It could be worth asking the authorities who commission the legal agencies if they are increasing ther service, and to what extent it might be effective. There doesn't seem to be a legal issue here, where extra laws would help. Could it be a a budget allocation problem? Is there anything preventing them increasing the legal services to migrant workers. Maybe they're just surpised by the recod numbers and chaven't caught up yet.

Shanghai labour inspectors are formulating plans to increase their effectiveness in cracking down on illegal migrant worker labour agencies. The suspect agencies are popular with the record numbers of migrant workers flocking to Shanghai, but that¡¯s partly because there are few alternatives. Inspectors warn that workers are being cheated by overservicing, and our STF finds them responding to increasing worker complaints.

Track #1:
This agency on Humin Road in the city's southwest is licensed to consult on employment matters, but it can¡¯t legally find jobs for workers. That doesn¡¯t seem to stop it charging market rates for job placement, when it¡¯s only entitled to charge 20 renminbi for consultations.

SOT #1: Client
I paid nearly 400 yuan to ask them to help me find a job.

Track #2:
This client had a stroke of luck. While returning to the agency looking for good news in his job hunt, he met labour inspectors looking for evidence of dealings outside the agency¡¯s business licence. What they found were 500 yuan receipt stubs for labour placements. The company claimed innocence: ***[this has to be a tight in to the SOT, ask me if you are in doubt]

SOT #2: Company Director
They are mistaken receipts. I have no client registrations on job intermediary.

Track #3:
That wasn¡¯t good enough for labour inspectors. They fined the company for acting outside its business scope as a consultant, and saw it return the 400 yuan to the fortunate worker. But migrant workers as a group are still at risk, especially if a lack of skill restricts their chances in the city¡¯s job market.

SOT #3: Migrant Worker
I am hardly good at anything. No job opportunities available in the job fair, of course!

SOT #4: Migrant Worker
I cannot afford the fee charged by some formal intermediary agencies. And I am poorly educated. I have to turn to some ones else.

Track #4:
However, workers who turn to suspect labour consultancies face a risk. Complaints about such services topped 3,000 in 2004, with accusations of zero results, or even pressure to enter criminal activities like smuggling or the sex industry. The city's labour inspection department is responding by investigating agency documentation like licences and lease contracts, and co-ordinating inspections city-wide.

SOT #5: Dong Lianmei, Vice Chief//Shanghai Municipal Labour Inspection Head Team
There are some 2,500 labour inspectors in Shanghai. They are responsible for cracking down the illegal intermediary agencies in their respective territory. In addition, we'll have all the city's labour inspection departments united to increase the crackdown intensity.

Track #5:
This year¡¯s Spring festival saw a record wave of migrant worker arrivals, and the city doesn¡¯t expect the flood to peak for another five years. The attention of labour experts and city authorities is now focusing on absorbing these workers, and their potential, over the long term. They say success depends on forging a job-seeking environment that¡¯s well managed, and provides a transparent service to Shanghai¡¯s incoming workforce.