Fangshan District in Beijing is pioneering new
regulations to help traffic accident victims' access to justice.
The rules, which went into force on Monday, enable lawyers to get
involved at an earlier stage and ensure protection of evidence.
"Fangshan Traffic Management Department is now
obliged to provide relevant documents, including testimonies, as
well as confirmation of who is liable, to lawyers representing
those involved in traffic accidents," read a joint notice from the
district's people's court, traffic department and justice
bureau.
The number of traffic accident cases heard is
currently fairly small because parties usually reach settlements
out of court.
Those that didn't settle only reach the courtroom
months later, in which time respondents can disappear and evidence
can be damaged or lost.
Previously, local departments only had to provide
documentation to courts or procuratorates; but now they are
required to providep laintiff's lawyers?with such
documentation too to?help them present their case fairly.
According to the new regulations, when people are
granted an evidence preservation order, courts must take action
within 48 hours. A free legal service will also be provided at the
district's traffic management department.
"Thus when the court opens a hearing or makes a
judgment, the responsible car owner will be easier to find and
ordered to pay compensation," said Zhang Zhongxia, vice president
of the district court.
Yesterday, Li Gong, whose 60-year-old mother was
run over and killed last month, became the first plaintiff to get
an evidence preservation order.
The car that killed Li's mother has now been
papered with strip seal. "I am not worried the driver will run off
now," Li said.
(China Daily July 12, 2005)