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CRF 2003, No.2 - China and the Rule of Law


International Interventions


  • A Legal Laoganbu Looks Back
    China's legal reform is still waiting for its Gorbechev - or its Zhu Rongji - Jerome Cohen observes in an interview with Sharon Hom.

  • Behind Closed Doors: Bilateral Dialogues on Human Rights
    A report by HRIC, Free Tibet Campaign and International Campaign for Tibet highlights why bilateral talks between China and Western countries are no substitute for rigorous public critiques of China's human rights situation.



Domestic Developments


  • A Case for the Defense
    Tom Kellogg examines arguments for eliminating Article 306, a provision of China's criminal code that puts defense lawyers on trial.

  • Reassessing Reeducation Through Labor
    Veron Mei-ying Hung finds support among China's legal professionals for abolishing this easily absued administrative sanction.

  • Kidnapping by Police: Custody & Repatriation
    Tong Yi relates how the mysterios death of a young man has reopened the controversy surrounding C&R.

  • Article 23 and the Attack on Human Rights
    James To Kun-sun finds that Hong Kong's Article 23 legislation overreaches the requirements of the Basic Law, to the detriment of Hong Kong's human rights.
    Stephanie Wang's chart compares the Article 23 proposals with Hong Kong's existing public security laws.

  • Reviewing a Quarter Century of Political Crime
    Stacy Mosher and Chine Chan observe prosecutorial trends accompanying China's shift from counterrevolutionary crime to national security crime.



On the Ground


  • Thoughts of a New Exile
    Dissident Fang Jue, sent into exile earlier this year without having been convicted of any crime, exemplifies the inadequacies of a legal system dominated by politics. In a discussion with HRIC, Fang urges foreign governments not to play China's game while advocating human rights reforms.

  • The Legal Time Bomb of Urban Redevelopment
    Liu Qing warns that deficient legal protection of homeowners' rights threatens social stability in major urban centers such as Shanghai.

  • China's Robber Barons
    Liu Xiaobo observes that constitutional protection for private property is of no value without taking into account the impact of clan-based power monopolies.



Regular Features