政府即担当管理社会和服务社会的角色，又担当社会仲裁角色，必然引发政府或政府官员与百姓之间的利益冲突和利害冲突。同时，当百姓之间发生利益纷争时，每一方首先想到的是找官员干预。这又涉及到官员腐败、执法不公和司法不公问题，或被怀疑是官员腐败、执法不公和司法不公问题。

Government are taking on a role to manage and service the society, and be taking on a role to arbitrate the society, it is inevitable to initiate the benefit conflict and the interest conflict between the government or the governmental officers and the common people. While the conflict was occurring between the common people, any side of the case would find some officers to intervene their case. These activities involved the rotten of the governmental officers, the unfair enforcing of the law and the unfair justice.

参照军事管理体制建立起来的中国各级政府和政党，没有为百姓设立解决矛盾和冲突的机制，迫使百姓要么上访，要么诉诸街头暴力发泄怨愤。为避免社会矛盾激化，也为避免百姓怨气直冲政府，中国民主党主张实行独立的小额法庭制度，再辅以独立的民事法庭制度，来解决百姓上访问题。

The every level governments and CCP, which referred the military system to set up, didn't set up a system which resolved the contradiction and the conflict of common people. Either the common people were compelled to the complaining that they would complain to the higher authorities, or they would resort the violence on streets to vent their indignation. For avoiding the intensifying of the social contradiction, and for avoiding the indignation of the common people to lash the government directly, CDP advocate to carry out the system of the small claim court, and to assist the system of the independent civil court, to resolve the problem that the common people are complaining to the higher authorities.

小额法庭以使用容易，诉讼成本低、可以让百姓直接参加案件审理，对当事人的法律知识要求不高，无须聘请律师等特点，解决绝大部分与民众生活息息相关的案件。尤其是解决百姓不服政府对百姓罚款和处罚的案件。政府要努力改变中国百姓不愿到法院打官司的传统观念，鼓励百姓使用小额法庭。政府上访部门接到上访案件时，应首先协助访民到小额法庭登记，由小额法庭审理他们的申诉。

Small claim courts are easy to use; the cost for lawsuit is low; the common people can attend directly the hearing; the clients need a few of the law knowledge; the clients neednót hire attorneys, so it can resolve almost cases which are closely related to the life of the common people. Especial it can resolve the cases that the common people donót convince the fine and the penalization of governments to the common people. Governments should try to change the traditional concept that the common people donót like to go to law, and encourage the common people to use the small claim court. When the Complaining Department of Governments received the cases for complaining to higher authorities, they should assist them to register in the small claim court in first, and their complaining will be hearing in the small claim court.

为避免百姓不信任法庭和法官，必须实行以下制度：(一)、建立有效的机制和制度，确保小额法庭完全独立于各级地方政府和政党；(二)、小额法庭实行全国范围内的易地法官轮调制度和易地法官短期值班制度；(三)、小额法庭开庭前，现场抽签决定谁是该案主审法官。(四)、当事人有权要求使用法官陪审团陪审。为防范滥用法官陪审团制度，小额法庭使用法官陪审团要由申请人支付部分费用。(五)、小额法庭审结后，任何一方当事人不服判决，可以向地区民事法庭、高等民事法庭和中央巡回法庭上诉，最终由法官陪审团进行终审判决。

For avoiding that the common people donót believe the courts and Judges, the follow system should be carried out: 1.The effective regulations and system should be set up, and guarantee that the courts should independent from all level governments and parties; 2. the system that all judges in different districts are exchanged and the system that all judges in different districts are on duty shortly times; 3. Before the hearing be holding, the lots should be drew to decide who will be the master hearing judges; 4. the clients can request to use the judgesó jury. For be on guard to abuse the judges' jury, the part cost should be paid by client if they request to use the judges' jury in the small claim court. 5. After hearing in the small claim courts, any parties donót convince the decides of the court, they can appeal to the district civil courts, the higher civil courts and the central ground courts, the finial decides should be made by the judges' jury.

Wanjun Xie

Chairman of China Democracy Party

中国民主党主席 谢万军

2008年10月1日全文在世界日报发表。

It was published on World Journal on Oct. 1, 2008.