LEHMAN, LEE & XU |
China Law Digest |
March 2012 |
The China Law News keeps you on top of business, economic and political events in the China. |
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In the News |
Xinjiang to crack down on 'three evil forces' |
BEIJING - China's Xinjiang will spare no efforts to prevent and crack down upon sabotage activities of the three evil forces of separatism, extremism and terrorism to ensure social stability, chairman of the regional government has said. Xinjiang will also strengthen the management of religious affairs in accordance with relevant laws, Nur Bekri, also a deputy to the National People's Congress, said during the top legislature's annual session on Monday. "Xinjiang will earnestly implement the policy of religious freedom and guide the religious activities to fit into the socialist society," the official said. "We will give protection to the legal activities and stem crimes so as to create a stable environment for Xinjiang's development," he said. Located in China's far west, Xinjiang has been battling separatism, extremism and terrorism for decades. About 41.5 percent of Xinjiang's 21 million population are Uygurs, a largely Muslim ethnic group. Security experts say growing religious extremism in the region has fanned most of the violent attacks. During Xinjiang's most deadly unrest in decades, 197 people were killed and about 1,700 others injured after riots broke out in the capital city of Urumqi on July 5, 2009. While keeping an eye on the security, Xinjiang will also speed up to build itself into a channel for China's energy and resources security and an important portal for China's opening up westward, Bekri said.
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Human rights added to draft law |
BEIJING - A draft amendment to the nation's criminal procedural law, which came under fire for permitting detention without informing family in some cases, has added the principle of protecting human rights to its general provisions, a spokesman said. The draft amendment to the Criminal Procedural Law, which will be submitted for legislators' review during their annual plenary session, now includes a section on respecting and protecting human rights in the second article of its general provisions, which comprise the framework for the entire law, Li Zhaoxing, spokesman for the Fifth Plenary Session of the 11th National People's Congress, told a news conference on Sunday. Li said the amendment aims to facilitate investigation in a timely manner, protect the innocent from being accused and ensure suspects' rights of defense and appeal. Procedures stipulated in the bill "are aimed at ensuring people's freedom", so the draft follows the principle of protecting human rights, an important code in the Constitution, Li said. The law as it stands does not include the protection of human rights as an essential guideline, but "focuses more on cracking down on crimes and somehow has neglected procedural justice", said Chen Guangzhong, an expert on criminal procedure. "Human rights protection is a universal principle that applies to all, including criminals. Even those who have been sentenced to death have the right to dispose of their legitimate property and their human organs," he said. The draft bill, which was reviewed twice by the National People's Congress Standing Committee in August and December, drew broad criticism for partially permitting "secret detention".In the latest version, however, the draft limits the circumstances under which police can detain suspects without informing their families, said Li. Chen, who was involved in the drafting, explained that the latest version dropped the articles covering detention without informing family members in response to a national outcry. Other changes in the draft include outlawing forced confessions. "Reliance on self-incrimination can lead to torture during interrogation and even forced confessions," said Tian Wenchang, director of the criminal law committee of All China Lawyers Association. Experts said the proposal is likely to be put to a vote upon the closure of the session, as China's Legislation Law stipulates that draft laws can be submitted for a vote after three reviews.
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Court delays iPad decision |
SHANGHAI - The Shanghai Pudong New Area People's Court on Thursday rejected a request by Shenzhen Proview Technology to stop Apple from selling iPads in the city. Web link: http://www.chinadaily.com.cn/usa/2012-02/24/content_14685138.htm |
Chinese Leaders, Lawmakers Discuss Gov't Work Report |
Chinese President Hu Jintao and other senior leaders on Monday joined lawmakers in panel discussions on the government work report, which was delivered by Premier Wen Jiabao at the parliament's annual session.
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Dispute Rages over Trial by Weibo |
A court case in Guizhou province has sparked a heated discussion over whether trial proceedings should be aired on micro blog. Last month, a gang-related case involving 57 defendants and more than 40 lawyers began in the Xiaohe People's Court in the provincial capital Guiyang. But a dispute between lawyers and judges in the trial has caught the public's attention rather than the case itself. During the hearing, several lawyers queried jurisdiction and procedures, causing disruption to the point where the judge in one instance ordered three lawyers from the court. But more controversially, some lawyers in the court have been broadcasting information about the trial and their opinions of the judge through the Sina Weibo website. He Bing, a law professor from China University of Political Science and Law, said he thought disclosing trial information through micro blog should not be seen as breaching laws but as a good way of monitoring justice. "The case in Guiyang was open to the public, so lawyers have the right to speak their opinions," he said, adding there was no specific law banning this. "Publishing the trial information on micro blog can encourage lawyers to uphold justice and improve a court's credibility," he said. But other lawyers disagreed with He when he too aired his views on weibo. Wang Yong, a lawyer specializing in criminal cases in Beijing's Chaoyang district, said that lawyers commenting live on a trial on micro blog is unreasonable, and breaches court rules. "Everyone in the court must abide by the rules. There is no exception for lawyers," Wang said, adding that the responsibility of defendants' lawyers was to devote themselves to the case, not to disclose matters through micro blogs. Rules state that participants in a court hearing cannot speak unless they receive the judge's permission, and Wang argues this ruling should also apply to the posting of messages on micro blogs during hearings. "If the lawyers have different ideas about the case or the procedures, they can query them after the trial," he said. Zhou Liwen, a prosecutor in Central China's Hunan province, posted a micro blog, which has been forwarded almost 2,000 times, saying that participants in the Guiyang trial had behaved irrationally. "Both the judge and the lawyers lost control and didn't do what they should have done. A trial should be a sensible contest between plaintiffs and defendants, not an argument between attorneys and judges," Zhou said, suggesting that any disagreement should be dealt with before or after the trial. Zhou thought the micro blogging during the trial might not have been illegal, but would have breached court rules. "Micro blog, as a form of new media, should also abide by the rules. We can't extend our rights, even though there are no specific laws against doing so," he added. Since the dispute, the Guiyang court has blocked the mobile phone signal to prevent any recurrence. The trial continues.
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