China legal system – The Diplomat

Child Sex Abuse Victim Gets a Landmark Win in Chinese Court

Laura van Megen — Fri, 23 Jun 2023 05:11:00 +0900

In a national first, a victim of childhood sexual abuse was awarded financial compensation and public apology in Chinese civil court – even after the statute of limitations lapsed.

2 College Students in China Were Disciplined for Giving Out Pride Flags. Can the Law Help Them?

Ding Yuan and Darius Longarino — Fri, 28 Apr 2023 04:58:00 +0900

The case illustrates the intersection of a tightening grip on LGBTQ expression, especially on college campuses, and the determination of some young Chinese to fight for more space.

American Prisoner in China Appeals to Basketball Star Brittney Griner for Help

Peter Humphrey — Tue, 25 Apr 2023 22:42:00 +0900

Like Griner, Nelson Wells Jr. was imprisoned on flimsy drug charges without a fair trial. After nine years in a Chinese prison, he is hoping a new legal strategy can bring him home.

In China, Lawyers Don’t Need to Keep Your Secrets

Bonnie Girard — Thu, 02 Mar 2023 22:42:00 +0900

China has many of the trappings of a Western legal system, but lacks the substance – including a guarantee of attorney-client privilege.

Should Chinese Court Rulings Hold in New Zealand?

Christopher Edward Carroll — Wed, 07 Dec 2022 22:39:00 +0900

That was the question at play in a recent court case involving a businessman with debts in China and land holdings in New Zealand.

The Complexities of China’s Struggle For Justice

Jerome A. Cohen and Chi Yin — Thu, 12 May 2022 01:36:00 +0900

A campaign against organized crime highlights the risks of China’s approach to law and order – but also reveals how Chinese experts continue to push for a better system.

Will China Learn From Its Biggest COVID-19 Mistake?

Zhuoran Li — Tue, 10 May 2022 04:09:00 +0900

Amid the Shanghai lockdown, government efforts to silence and prosecute critics have received more public attention – and sparked increasing outrage.

Taiwanese Morrison Lee Remains Detained in China, Even After Finishing His Jail Term

Brian Hioe — Thu, 05 May 2022 00:02:00 +0900

The case of Lee, who was detained after taking part in the Hong Kong protests in 2019, sparked concerns about new legal precedent.

Should Murder Go Unpunished? China and Extradition, Part 2

Jerome A. Cohen — Thu, 24 Jun 2021 22:07:00 +0900

Extradition from Western democracies to China is unpalatable, legally and morally. So what alternatives exist to see justice done?

Should Murder Go Unpunished? China and Extradition, Part 1

Jerome A. Cohen — Wed, 23 Jun 2021 23:41:00 +0900

China’s quest to pursue justice beyond its borders – including the case of Kyung Yup Kim in New Zealand – necessitates a hard look at its judicial and legal systems.

How China’s Legal System Enables Intellectual Property Theft

Daniel Rechtschaffen — Wed, 11 Nov 2020 04:53:00 +0900

China’s recent improvements in IP protection can’t overcome the fact that its legal system will never offer a level playing field.

Will China’s New National Security Law Be the ‘Anti-Virus’ Software That Locks Down Hong Kong?

Jerome A. Cohen — Wed, 17 Jun 2020 21:55:00 +0900

Parsing the legislative, judicial, and law enforcement implications of the NPC’s “bombshell” decision.

China Is Taking Patents Seriously. The World Should Take Notice.

Bonnie Girard — Thu, 12 Dec 2019 22:52:00 +0900

China has spent 35 years quietly building a patent system that BRI is now helping to extend.

Xi: China Must Never Adopt Constitutionalism, Separation of Powers, or Judicial Independence

Charlotte Gao — Tue, 19 Feb 2019 23:38:00 +0900

The Chinese president calls for strengthening the Communist Party’s leadership over law in China.

Abrupt Detention of Meng Hongwei Further Damages China's International Reputation

Charlotte Gao — Tue, 09 Oct 2018 21:30:00 +0900

Meng, like all other Chinese citizens, deserves procedural justice, one core value of the rule of law which China often ignores.

Meng Hongwei and the Rule of Law With Chinese Characteristics

Bonnie Girard — Tue, 09 Oct 2018 21:58:00 +0900

The former Interpol chief is the latest example of China’s problematic justice system.

Sentenced to 18 Years in Prison, Anbang’s Founder Appeals

Charlotte Gao — Fri, 01 Jun 2018 22:15:00 +0900

Wu Xiaohui, once a high-profile Chinese tycoon, decides to fight to the end.

What’s So Controversial About China’s New Anti-Corruption Body?

Jamie P. Horsley — Wed, 30 May 2018 01:59:00 +0900

Digging into the National Supervision Commission.

China’s Detention Law: CCP Curbs Courts

Mercy A. Kuo — Wed, 21 Feb 2018 03:36:00 +0900

Insights from Stanley Lubman.

The Strange and Sad Case of Gui Minhai

Thomas E. Kellogg — Wed, 31 Jan 2018 23:59:00 +0900

Months after being released, Gui, a Swedish citizen, was abruptly arrested again.

The Pitfalls of Law Enforcement Cooperation With China

Thomas Eder and Bertram Lang — Sat, 21 Jan 2017 00:35:00 +0900

Europe's police and judicial cooperation with China raises difficult questions, especially with regard to extradition.

Interview: Jerome Cohen

Maurits Elen — Thu, 01 Sep 2016 00:24:00 +0900

Jerome Cohen, Professor of Law at New York University, on legal reform, human rights and judicial independence in China.

Why China Both Loves and Fears the Rule of Law

David Gitter — Sat, 25 Jun 2016 02:32:00 +0900

Beijing recognizes the importance of a reliable legal system, but fears the challenge lawyers could pose to the CCP.

UN Committee Urges China to Halt Torture

Shannon Tiezzi — Thu, 10 Dec 2015 02:22:00 +0900

A UN report finds that torture remains "deeply entrenched" in China's criminal justice system.

Private Lending in China: Out of the Shadows?

Susan Finder — Wed, 12 Aug 2015 02:14:00 +0900

A judicial interpretation from the Supreme People's Court sets out basic rules for China's "shadow banking" sector.

Shadow Banking Cases Threaten to Overwhelm China's Courts

Susan Finder — Fri, 05 Jun 2015 03:00:00 +0900

Disputes over private lending in China are making their way into the courts, bringing a host of legal issues.

China's Master Plan for Remaking Its Courts

Susan Finder — Thu, 26 Mar 2015 00:21:00 +0900

Analyzing the Supreme People's Court's outline for reforming China's courts.

Is China Rethinking the Death Penalty?

Shannon Tiezzi — Wed, 26 Nov 2014 00:51:00 +0900

Proposed reforms could continue the trend of decreasing executions in China.

China's 4th Plenum: Rule of Law Under the Party

Ankit Panda and Zachary Keck — Sat, 01 Nov 2014 04:41:00 +0900

U.S. editors Ankit Panda and Zachary Keck are joined by Shannon Tiezzi to discuss China's fourth plenum.

4 Things We Learned from China’s 4th Plenum

Shannon Tiezzi — Thu, 23 Oct 2014 23:31:00 +0900

Parsing China's next steps in establishing the "rule of law."

Could China's 'Rule of Law' Lead to Constitutionalism?

Shannon Tiezzi — Thu, 23 Oct 2014 01:02:00 +0900

Official proclamations about the Fourth Plenum include intriguing references to limiting political power.

Zhou Yongkang and the Rule of Law With Chinese Characteristics

Shannon Tiezzi — Wed, 30 Jul 2014 23:45:00 +0900

Zhou Yongkang's case ties in with Xi Jinping's larger vision for the rule of law in China.

China's Legal Reform: A Balancing Act

Shannon Tiezzi — Wed, 12 Mar 2014 03:56:00 +0900

China has plans for another wave of legal reforms, but no plans to give up Party control.

Is the Rule of Law Coming to China?

Tue, 10 Sep 2013 23:26:11 +0900

Some signs bode well, but profound shifts must be completed before the optimism is truly warranted.