Further Developments in Dandong Country Stabbing Death

女服务员邓玉娇刺死官员案

Caijing Online, 2009-05-29

Nearly three weeks after 22-year-old karaoke center waitress Deng Yuqiao stabbed two Dandong County (Hubei Province) government officials—killing one—in alleged self-defense, new case developments continue to attract national attention. After hiring two Beijing lawyers to represent Deng in the investigation phase of the case, her mother abruptly discharged them under possible police pressure and retained the services of two local Hubei lawyers. The two Beijing lawyers, in turn, submitted a prosecution request to local police asking them to investigate the surviving official, Huang Dezhi, on suspicion of attempted rape. Deng's new lawyers, meanwhile, secured her release from detention on residential surveillance. They also denied media rumors that they would seek a lighter or reduced sentence for Deng—in effect pleading guilty—saying they would evaluate the prosecution's evidence after police conclude their investigation; based on their interviews with Deng, though, they believe the current charge of intentional homicide is erroneous.

Questionable Police Conduct in Sports Gambling Case

千里办案，10万放人

Southern Weekend, 2009-05-28

Tongcheng (Hubei Province) police recently detained five university students in Shanghai on suspicion of criminal gambling after the young men confessed to betting on football (soccer) matches. After obtaining the confessions, police contacted their parents, saying the men could be released “on bail” if each family paid them 100,000RMB—30,000 as a non-refundable “guarantee” and the remainder as “confiscated gambling funds and fines.” If the parents did not pay, police said they would take the suspects to Tongcheng, Hubei, for detention and prosecution. Two families paid the amount in question by, per police instruction, wiring money to one of the officer's wife's personal bank account, and police released their sons. The three other families could not raise the funds, and police, refusing further negotiation after one of the families reported the incident to the local media, took the three remaining suspects to Tongcheng. In response to media inquiries, the political department director of the Tongcheng public security bureau acknowledged some irregularities in police procedure but asserted that “overall the case was not handled incorrectly.” According to legal experts, criminal gambling charges are typically only brought against those who organize and facilitate gambling, not mere participants, who are generally punished under police administrative procedures with confiscation of winnings—in this case estimated at 7,000-8,000RMB—and 3,000RMB fines.

Ministry of Justice to Launch New Legal Aid Campaign in June

我国将进一步降低法律援助门槛

Xinhua News, 2009-05-30

A series of news reports outlines the contents of a new legal aid campaign entitled “Making Legal Aid Services Convenient for the People,” to be launched nationwide by the Ministry of Justice in June 2009. According to sources within the Ministry, a major focus of the campaign will be lowering qualifications so the “coverage area” of legal aid is expanded to people whose income levels or legal problems—involving, for example, labor, social security, and land appropriation disputes—previously fell outside the scope of aid. The Ministry, however, will not issue mandatory, nationwide standards, but will “push local governments” to enact standards “in accordance with local levels of socio-economic development.” Also included in the campaign will be efforts to establish more conveniently located and clearly advertised legal aid offices with better floor plans designed to protect clients' privacy. The campaign additionally will include efforts to simplify the legal aid application process by issuing “legal aid cards (certificates)” to welfare recipients, “zero-income households and the disabled and elderly with special difficulties.”

Hunan Official Leaves Scene of Fatal Accident but Avoids Criminal Liability

官员驾套牌车撞死2人消失8小时 警方认定未逃逸

Xinhua News, 2009-05-27

After rear-ending a motorcycle—resulting in the death of its driver and passenger—while driving an illegally-licensed car, Li Fengguo, assistant director of the Pingjiang County (Hunan Province) Construction Bureau, left the scene of the accident. Eight hours later, Li turned himself in to traffic police, too late, according to Xu Qilin, the officer in charge, to administer a blood alcohol test. Because Li “arranged for a friend to handle things at the scene” and later personally came to police, Xu determined Li had not fled from the scene of the accident. Although police concluded that Li was primarily liable for the fatal accident, he should be immune from criminal prosecution because he had reached a “criminal reconciliation” settlement totaling 650,000RMB with the families of the deceased. Those same families now claim police forced them to sign the reconciliation settlement before the cause of the accident had been determined.

Ningxia to Require Legal Aid Internship for New Lawyers

宁夏：申请律师执业者先到法律援助机构实习

Xinhua News, 2009-05-26

In order to qualify for a lawyer's “practicing certificate,” all aspiring new lawyers in the Ningxia Hui Autonomous Region must intern at a local legal aid organization for not less than three months. The head of the Ningxia bar association, Lai Shenghong, explained the new requirement as aiming to instill a sense of social responsibility into new lawyers.

Interview with Prolific Litigant Detained for Writing “F@ck” in Appeal Brief

陈书伟：凭什么写“操”字就被拘留？

Southern Weekend, 2009-05-26

After serving 15 days of administrative detention for “insulting judicial personnel,” prolific litigant and consumer rights activist Chen Shuwei expresses no regrets about writing only “F@ck” in the “Facts and Reasons for Appeal” section of an appeal form. Beginning in 2003, Chen, a self-described “individual rights defender,” has filed 187 lawsuits—despite a 15 month period covering all 2005 in which the courts deprived him of his right to sue—the majority aimed at the “unreasonable and illegal” activities of the telecommunications industry. Chen thinks discussions in the media and among legal experts about his case have mistakenly focused on the meaning of “操”when the legality of the Futian District (Shenzhen) Court sentencing him to detention is the real issue. He argues the court's only legally-prescribed role in handling the appeal was to accept the appeal form and send it on to the local intermediate court for review. He has again appealed the original ruling; it is not clear if he has applied for administrative review of his detention case.

Legal Experts Worry About Criminal Prosecution of Journalists

法学家呼吁：对揭黑记者刑事调查要慎重

China Youth Daily, 2009-05-25

At the “'Defamation of the Government' and Citizens' Right to Supervision Symposium” held in Beijing, law professors, journalists and practicing lawyers expressed concern over recent cases of local authorities detaining and prosecuting journalists on suspicion of “criminal defamation” and “bribe taking.” Too often, the experts in attendance agreed, such charges were a form of retaliation against and suppression of the “supervisory role of public opinion.” The legal basis of such charges are also questionable, argued two lawyers with the China Youth University for Political Sciences, saying that the police custom of identifying reporters as “state functionaries” and their activities as “official business” does not correspond to the current realities of the Chinese media.

Hebei Man Faces 4th Trial in 2002 Murder Case

[核心]三次发回重审：杀人“铁案”疑问调查

Beijing News, 2009-05-25

The Xingtai (Hebei Province) Intermediate Court retried Yan Fufeng on charges of intentional homicide in the August 2002 death of Li Fengqin in a case the local police chief continues to call “ironclad.” The same court has found Yan guilty of the same charges three times before and sentenced him to death each time, but three times higher courts—the Hebei High Court twice and the Supreme People's Court once—ordered the case retried due to “insufficient evidence.” Yan reportedly confessed the murder to police but retracted it in court, claiming the confession was extracted under torture. His defense lawyers raised many other doubts about the police investigation: from procedural technicalities—only one police officer delivered the suspected murder weapon to the crime lab, but regulations require two—to serious failures to obtain and analyze evidence—phone records related to Yan's alleged blackmail call were never acquired, DNA tests were never performed on the blood stains on the murder weapon.

New Developments in Dandong County Stabbing Death

“女服务员刺死官员案”出现关键证据

Caijing Online, 2009-05-22

Almost two weeks after 22-year-old hotel server Deng Yuqiao stabbed two Dandong County government officials—killing one—in alleged self-defense, new case developments continue to attract national attention. Media accounts describe the two officials as “mistakenly” demanding sexual services from Deng who explained she did not work in the hotel's “leisure center.” The two continued to pressure her, reportedly touching her with a wad of money and pushing her until Deng stabbed them with a fruit knife. Questions surround what exactly the men said and did, two slightly different police reports have fueled speculation of investigative misconduct; whether Deng might have been suffering from depression, police took her to a hospital—where she was placed in four point restraints—for psychiatric evaluation; and, most importantly, if her actions constituted justifiable self-defense under Article 20 of China's criminal code. Controversy has also surrounded the police's collection of evidence: police did not collect the clothes Deng was wearing during the incident until 12 days later, and only then after the public urging of Deng's lawyers, who police, in turn, accuse of publicly leaking privileged information about the case. An editorial on a website managed by the Supreme People's Procuratorate has even called for direct procuracy supervision of the police investigation.

Editorial Calls for Complete Overhaul of “Temporary Probation System”

“暂予监外执行制度”需彻底改革

Beijing News, 2009-05-21

Citing several cases of abuse, some involving corrupt judges, an editorial in the Bejing News urges lawmakers and judicial administrators to reform the current system of “temporarily serving their sentence outside prison.” Unlike traditional parole, in which defendants must serve at least half their sentence in a correctional facility, there are no such requirements under the “temporary” system, which was intended only for convicts needing medical care. Now judges can directly assign defendants to temporarily serve their sentences outside prison with all most no procedural restrictions, opening the door to potential corruption. The article argues for a stricter system allowing only the seriously ill or pregnant to qualify and not permitting their time in “temporary probation” to count toward their original prison sentence.

Civil Settlement Reached in Hangzhou Pedestrian Death Case

杭州飙车案受害者家属获百万赔偿 继续追究刑事责任

Caijing Online, 2009-05-21

The parents of a young man killed by a speeding car in a pedestrian crossing accepted a 1.13 million RMB compensation settlement with the driver's parents in a case that has attracted national attention. Police have arrested the driver, 20-year-old Hu Bin, who reportedly has received previous citations for speeding violations, on suspicion of vehicular manslaughter. A lawyer for the victim's parents asserts that their civil settlement is completely separate from the pending criminal charges and not part of a “criminal reconciliation” settlement. Authorities have encouraged “criminal reconciliation”—which often allows defendants to avoid criminal prosecution if they admit guilt, apologize and financially compensate victims of minor crimes—in recent years as part of the “temper justice with mercy” criminal justice policy.

“Public Interest Lawyers: Heroes or Troublemakers?”

公益律师，英雄还是刁民

Southern Weekend, 2009-05-20

An investigative article on public interest lawyers explores the short history and current state of public interest law in contemporary China through interviews with prominent lawyers such as Zhou Litai, Hao Jinsong and Yan Yiming. Despite often losing their cases or never getting them accepted by the courts, their work has brought public attention to issues such as employment discrimination, migrant worker's rights, shareholder protections and government corruption. Except for the few financially successful, public interest lawyers continually struggle with funding difficulties and a general lack of support from the wider legal profession, which often sees them as troublemakers. Due to procedural restrictions on legal standing, current interest litigation is primarily limited to four areas: “consumer protections, citizen's equal rights, environmental protection and educational rights.”

Police Officer and Four Other Suspects Get Death Penalty for Drug Smuggling

云南一民警驾警车运毒 数罪并罚一审被判死刑

Xinhua News, 2009-05-20

The Lincang (Yunnan Province) Intermediate Court sentenced former police officer Meng Zhonghua and four co-defendants, including his wife, Xie Hui, to death for allegedly smuggling and trafficking narcotics, firearms and explosives. Prosecutors accused Meng of using public security vehicles to transport a total of 9.8kg of heroin smuggled from Myanmar to Kunming, Yunnan. It is unclear if any of the defendants will appeal their sentences.

Justice Minister Calls for Improvements in Reeducation Through Labor System

司法部：进一步做好劳教工作 提高教育挽救质量

Xinhua News, 2009-05-20

Justice Minister Wu Aiying recently emphasized the need to increase educational and reformatory efforts and improve safety conditions in China's reeducation through labor system. Speaking at the National Reeducation Through Labor Work Meeting, Wu said the recidivism rate among released internees should be the primary standard by which to judge the system's success. There is to be added focus on moral, patriotic and legal education, as well as vocational training and mental health. He also stressed the need for more professional and political training for correctional officers.

PSB Reports High Crime Rates but Good Overall Public Safety

公安部：全国治安总体稳定 刑事犯罪仍处高发期

Xinhua News, 2009-05-19

During an online public chat session, Du Hangwei, head of the Public Security Bureau's Criminal Investigation Division, said overall public safety was good in China, but the country was still in the midst of a “high period for criminal offenses” due in part to the “global economic downturn.” Major police efforts are focused on fighting organized crime, serious violent crime, particularly homicides, robbery and theft, and the abduction and trafficking of women and children.

Henan High Court President Defends Experiments with People's Assessors System

河南高院院长:死刑二审"征求意见"并非"民意审判"

Xinhua News, 2009-05-18

In an interview, Zhang Liyong, president of the Henan Province High Court, defended the court's recent experiments with including “people's representatives” in death penalty review cases. Zhang said the practice allows the court to better understand “local popular sentiment” but in no way constitutes “trial by public opinion.” He remarked that the “Western jury system,” though effective in preventing corruption, is “unsuitable to Chinese conditions,” and local changes to and expansion of the People's Assessor system are not an indigenization of the jury system. Zhang also defended the legality of the court's experiments, including in the inclusion of sentencing arguments in pre-verdict court hearings, against suggestions they contradict China's procedural laws.

New Developments in Xishui Child Rape Case

习水嫖宿幼女案再次提起公诉 罪名仍非强奸

Southern Weekend, 2009-05-18

A higher level procuratorate filed forced prostitution and “whoring with young girls” charges against eight defendants, several of whom were local officials, in the Zunyi City (Sichuan Province) Intermediate Court nearly a month after the Xishui County procuracy withdraw—due to “discovering changes in the facts and evidence of the case”—similar charges filed at the county level. The forced prostitution charge against primary defendant Yuan Ronghui, is more serious than the previous “sheltering and procuring prostitution” charge and, because it carries a maximum penalty of death, must be tried by an intermediate-level court. The “whoring with young girls” charge is unchanged, despite drawing harsh public criticism demanding it be increased to rape. During an interview, a prosecutor with the Zunyi City Procuratorate denied the influence of public opinion on the handling of the case.

Migrant Worker Receives Administrative Detention for Falsely Reporting Swine Flu

一男子谎称患甲型H1N1流感被拘留

Xinhua News, 2009-05-18

Reportedly hoping to receive free medical care for his cold, a migrant worker—identified only by his surname, Li—in Dalian (Liaodong Province) called the 120 emergency hotline, saying he might have contracted the H1N1 flu. After health officials and police began a full-scale infectious disease prevention operation involving Li and everyone he might have had contact with, doctors concluded he had only a common cold and had fraudulently claimed to have swine flu. Local police then sentenced him to 10 days of administrative detention without a trial in accordance with the Security Administration Punishment Law's statute on falsely reporting infectious diseases.

Chongqing Executes 12 Defendants in One Day to “Awe Criminals”

重庆：12个罪犯昨日被执行死刑

Xinhua News, 2009-05-15

As part of an effort to “awe criminals, urge criminal defendants to voluntarily turn themselves in, and vigorously push forward with construction of a 'Safe Chongqing,'” the Chongqing High Court announced the successful execution of twelve defendants whose crimes had “seriously endangered society.” The Supreme People's Court in Beijing had reviewed and approved the capital sentences, some of which were carried out by shooting and others by lethal injection. According to the vice-president of the city's high court, beginning next year all executions in Chongqing will be by lethal injection.

Supreme Court President Affirms Work of Juvenile Courts and Calls for Strengthening

王胜俊：少年法庭工作只能加强不能削弱

Xinhua News, 2009-05-15

Wang Shengjun, president and party secretary of the Supreme People's Court, attended a special meeting addressing China's juvenile courts and applauded the progress the courts had made while also laying out an eight character guideline for the courts' future: “persevere, perfect, reform and develop.” Wang noted that “due to increases in juvenile crime and the continuous expansion of [our] duty to protect juveniles' civil rights, in the present and future period, the work of the people's courts' juvenile courts can only be strengthened and can not be weakened.” In his remarks, Wang also affirmed the success of the juvenile courts in establishing teams of specialized judges with extensive experience adjudicating juvenile cases, as well as developing a juvenile-specific “trial system.”

Yunnan Holds First Trial to Include “Sentencing Debate”

云南“量刑纳入法庭审理程序”第一案落判

Xinhua News, 2009-05-15

The Guandu District (Kunming, Yunnan Province) Court recently tried defendant Zhou Xiaofei on embezzlement charges. After the standard “court debate” on the evidence and overall case, the chief judge announced a second round of debate “surrounding the sentencing facts, sentencing circumstances and applicable sentencing laws,” whereby both the prosecution and defense submitted sentencing arguments. The court, seemingly accepting the prosecution's arguments, sentenced Zhou to three years of fixed term imprisonment—his defense attorney had argued for two years. It is not clear if similar, pre-verdict “sentencing debates,” which are being tested on a trial basis in the Guandu court, would be included in trials where the defendant pleads not guilty.

Ministry of Justice Holds Training for Law Firms' Party Branch Secretaries

司法部首次对律师事务所党支部书记进行培训

Xinhua News, 2009-05-13

Deputy Minister Zhao Dacheng of the Ministry of Justice opened a training session for 100 lawyers from around the country representing their law firms' internal Communist Party groups. Zhao highlighted the successful expansion of base-level party branches into private law firms and the branches successes in “leading lawyers to serve the construction of a harmonious society” and “furthering harmony within law firms and the legal profession.” Zhao also “requested” that judicial administrative organs and bar associations “emphasize strengthening the construction of party branches within law firms,” which in turn will “guarantee that lawyers do the legal work of socialism with Chinese characteristics.”

Henan Local Court Adopts Sentencing Advice from Student Representatives

郑州金水区法院尝试群众陪审 大学生意见被采纳

Xinhua News, 2009-05-13

In an effort to better grasp “public opinion” and “promote judicial fairness,” the Jinshui District (Zhengzhou, Henan Province) Juvenile Court invited over 200 local university students to observe the trial of two juvenile defendants accused of robbery. The court also solicited “conviction and sentencing advice” from six student representatives and reportedly adopted their advice in giving the defendants “lenient” sentences of three years and one and a half years fixed term imprisonment, respectively. In later interviews, the vice-chief judge of the juvenile court and a local law professor both disagreed with “some people who think inviting college students [to participate] in panel hearings on cases is unsuitable” and affirmed the positive role students could play in judicial proceedings.

Reporter Accused of Bribe-Taking Pleads Not Guilty

记者涉嫌受贿庭上辩称无罪

Beijing News, 2009-05-14

Former reporter and Beijing bureau chief for Shanghai-based First Finance and Economics, Fu Hua, pleaded not guilty to criminal bribe-taking charges in Beijing's Chaoyang Court. Fu admitted to accepting 15,000RMB in connection with two expose articles on construction quality issues at an airport in Jilin Province but claimed he used the money for 'interviewing expenses” and violated only journalism ethics, not criminal law. Jilin police detained Fu in June 2007, two years after the articles had been published, and two months after his primary source, of both information and money, had been detained on suspicion of mafia-related activity. After detaining Fu for 28 days, Jilin police released him on bail and transferred his case to the Chaoyang (Beijing) Procuratorate, which formally indicted him in March 2008—fourteen months before his 13 May 2009, public trial. Fu has written a book about his experiences in detention and under police investigation.

Community Service Volunteer Receives Reduced Sentence

抗震志愿者盗窃获缓刑

Beijing News, 2009-05-12

Following the defense's assertion and prosecution's confirmation that a 22 year old man found guilty of theft was stealing in order to repay a 1,500RMB loan used to support his volunteer disaster-relief work in Sichuan after last year's earthquake, the Mentougou (Beijing) Court gave him a reduced sentence of three year's probation. Besides participating in earthquake relief, the man, identified by only by the pseudonym “Shi Feng,” had also volunteered in other “public interest activities”such as searching for a suspect wanted by the police and a missing teacher.

Supreme Court Issues Implementation Program for “People's Judges for the People”

最高法:"人民法官为人民"活动重点解决3方面问题

Xinhua News, 2009-05-11

The Supreme People's Court issued an “Implementation Program” regarding the new “People's Judges for the People-Themed Practical Activity” announced last month. The program calls for resolving three problem areas within China's judiciary: insufficient understanding and implementation of the “Three Supremes” policy—always regarding as supreme the Party's cause, the People's interest and the constitution and laws; inadequate internal supervision needed to combat judicial injustice and corruption; and unsatisfactory internal management and expertise affecting judicial quality and efficiency.

Supreme Court Reveals Court Corruption Statistics and Six “Typical Cases”

最高法院通报六起法院人员违法违纪案

Caijing Online, 2009-05-06

At a recent press conference, He Xin, director of the Supreme People's Court Supervision Office, revealed that courts at all levels throughout China have investigated 357 court officials since the announcement of the “Five Strict Prohibitions” on judicial corruption in January 2009. Of those 357, allegations of official misconduct were found to be true for 85, while investigations are still ongoing in 104 other cases. He Xin also introduced six “typical cases” of judicial corruption and abuse. One case involved a judge at the Supreme Court suspected of introducing a lawyer with a mediation-related case before the court to three justices and receiving 100,000RMB in return. The other cases also involved judges, and one judicial police officer, accused of accepting bribes and personal favors in exchange for interfering in civil and criminal cases. Their punishments ranged from 5 years imprisonment to mere removal from “adjudicative positions.”

Jewel Robbers Receive Death with Reprieve and Life Sentences

浙赣两起特大珠宝行抢劫案的两主犯一审分别被判死刑和无期

Xinhua News, 2009-05-08

The Hangzhou (Zhejiang Province) Intermediate Court sentenced two men, identified only by their surnames, Cheng and Wang, to death with a two year reprieve and life imprisonment, respectively, for their roles in two jewelry store robberies. Described in the press as “especially big,” losses from one of the robberies consisted of eight gold necklaces and a gold pendant, totaling 153,000RMB in value. Cheng confessed to the two crimes after his arrest in October 20008. It is not clear if the two defendants will appeal their sentences.

Increased Legal Aid and Rehabilitation for Taiyuan, Shanxi Juveniles

太原市拟建立未成年人“犯罪前科”消灭制度

Xinhua News, 2009-05-08

Criminal justice-related government organs in Taiyuan (Shanxi Province) will begin implementing a nine-part project to improve legal aid and services for juveniles later this year. Included in the project are efforts to spread legal knowledge directly related to juveniles, such as the Juvenile Protection Law and Juvenile Crime Prevention Law. Also included are measures to guarantee the procedural rights of juveniles subjected to coercive measures, reduce custody time limits and improve custody conditions, simplify prosecution procedures and shorten case conclusion times. For convicted juveniles, greater emphasis will be placed on supervising and helping them after their release, with the potential to have minor criminal offenses erased from the records of youths who “perform well.”

Procuratorate Releases New Provisions Increasing Protection for Whistleblowers

最高检新规加强举报人保护

Caijing Online, 2009-05-05

The Supreme People's Procuratorate issued revised provisions regarding “whistleblower work” that include additional measures to protect “reporting persons” from reprisal. Among the new measures are enhanced secrecy procedures at procuracy and investigation offices to protect whistleblowers' anonymity and increased prosecution of revenge attacks, which, according to Procuratorate statistics, leave approximately 1,200 whistleblowers and witnesses dead or permanently disabled every year. The new provisions are also meant to bring China into compliance with the UN Convention Against Corruption and its protection of reporting persons requirement. Caijing journalist Qin Xudong notes, however, that despite the new protections, China's current governmental structure and its overcentralization of powers, in addition to the various provisions' lack of authority, mean a reliable system for protecting whistleblowers is still far away.

Shanxi High Court Includes “Citizen Representatives'” Opinions in Appeal Hearings

陕西高院出新规 公民代表旁听庭审可发言

Xinhua News, 2009-05-05

In order to “further judicial open democracy and achieve judicial fairness by closely relying on the supervision and support of the masses,” the Shanxi Province High Court is asking “citizen representatives”—who were recruited to observe public appeal hearings—to offer orally their opinions on the case before them to justices after the “debate” part of the hearing and before the defendant's final statement. Reactions to the inclusion of the opinions are mixed. The president of the province's high court believes it “undoubtedly conforms with criminal justice policy and the spirit of the law,” while a county school teacher who served as a citizen representative gained legal knowledge from the experience and feels such participation can make trials more open and fair. A Xian (Shanxi Province) lawyer worried, however, that the new procedure will influence the seriousness and professionalism of the justice system.

Death Penalty for Two Defendants in Child Abduction and Trafficking Case

河北临漳打掉特大盗抢婴儿团伙 主犯被判死刑

Xinhua News, 2009-05-05

The principal offenders, surnamed Li and Sun—their full names have not been released—in a string of child abduction and trafficking cases spreading across three years and three provinces received capital sentences. Nine other accomplices got sentences ranging from 4 years imprisonment to death with reprieve. Between 2005 and 2008, Li and Sun allegedly abducted by force seven male infants and young boys and sold them to son-less families. Both men also reportedly perpetrated several larcenies and robberies over the same period. The case, including the successful return of six of the seven boys to their birth parents, has been highlighted, along with other cases, in coordination with the Public Security Bureau's current campaign against the abduction and trafficking of children and women.

Expose on Changsha Court's Experience with Domestic Violence and Protection Orders

人身安全保护令强力干预家庭暴力 法官建议立法规范

Xinhua News, 2009-05-02

The Yuelu District (Changsha, Hunan Province) Court reflected on its experience issuing Hunan Province's first “personal safety protection order” and suggested further legislation is needed to prevent and stop domestic violence, which, according to the All-China Women's Federation, exists in 29.7% of Chinese households. The court's protection orders prohibit defendants from “threatening, harassing or beating” plaintiffs and their family members. While the court has had success with the protection orders—in the first case, after court mediation the couple signed a “reconciliation agreement” and have been living a “tranquil and harmonious” life together—lawmakers need to improve relevant legislation by: lowering evidence requirements in emergency situations; clarifying that domestic violence victims must be the primary applicants for protection; and define the legal consequences of defying a protection order.

Shenzhen Creates Nation's First Auxiliary Legal Aid System

深圳市率先创设辅助性法律援助

Xinhua News, 2009-05-02

Six months after approval by the Guangdong People's Congress' Standing Committee, Shenzhen's new legal aid regulations took effect 1 May. The new regulations establish China's first auxiliary legal aid system whereby people and cases not qualifying for free legal aid can still receive services from the city's legal aid organizations. Parties in such cases must pay a “fixed amount” of court awards to a “special legal aid fund” or a pre-determined amount stipulated in their “auxiliary legal aid agreement” if their case is resolved through mediation or an amicable settlement.

Chinese Courts Accept 11% More Cases in First Quarter than 2008

一季度中国法院新收案件同比上升约11%

Xinhua News, 2009-04-30

In the first quarter of 2009, Chinese courts at all levels accepted a total of 2,718,818 cases, a 11.56% increase over 2008's first quarter. The courts “concluded” 1,565,124 cases in the first quarter, an increase of 10.55% over last year. No detailed data on what percentage of accepted and concluded cases were criminal was released.

Lawyers Reflect on Defense Strategies in Massive Corruption Case

为社保案“贪官”辩护的律师们——社保案司法审判一年回顾

Southern Weekend 2009-04-29

Two prominent Shanghai attorneys, Tao Wuping and Zhai Jian, spoke with journalists about their roles in defending eight high level officials indicted on various corruption charges in a series of high profile social security-related corruption and embezzlement cases. Their defense strategies were limited, as is often the case in corruption cases, by their clients' extensive confessions—due to “many years of undergoing Party education”—to Party and government investigators and admissions of guilt at trial. The lawyers' work focused on minimizing potential sentences both by arguing that some corruption-type activities were not actually in violation of the law and by emphasizing the high level of contrition and cooperation defendants had demonstrated. Court judgments in each case did not, however, formally incorporate defense counsel arguments, instead finding defendants guilty of questionable charges and not recognizing their “positive contributions,” but in sentencing, the courts seemed to acknowledge “defense opinions” by giving sentences well short of the statute-allowed maximums.