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Cases and Court Decisions:
In the People's Republic of China, not all court decisions or cases are published and available to the public. In fact, the large majority remain unavailable, although the system of justice has become more transparent in recent years with the publishing of more legal materials. China's legal system is based on Civil Law, with heavy influence from traditional Chinese law, modern Japanese law, and German law. In a Civil Law jurisdiction, cases do not necessarily have precedent value, while interpretation of the law at hand is usually done by the judge hearing the case and on an individual basis. Although the Supreme People's Court, and the Standing Committee of the National People's Congress will, on occasion, make interpretations of various laws in which ambiguities are at issue, or clarification is deemed necessary by the Communist Party leadership, they are much less common that one would expect of higher courts in Common Law jurisdictions such as the United States, or the United Kingdom. In addition, judgments and the publishing of cases is a highly political process, and the courts really lack the autonomy necessary to render unbiased decisions that might conflict with Communist Party policy, values, or current laws. Sometimes a case will be chosen to be published in order to make a point, or set an example for the public to build confidence in the justice system. Other times, cases will be published to demonstrate the "rule of Law" to foreigners, or to set forth new policies regarding foreign investment, or the activities of foreigners in China. For example, prior to a review of human rights by the United Nations, or prior to decisions of some world body involving international trade, the Chinese government may decide to publish a case or cases that tend to convey the message that the government would like the world to understand, which is usually that China's legal system is fair, transparent, and the "rule of law" is strong, well established, and respected. It is also well know that the government of China exerts strong pressure on the courts in cases to which they believe there is a national policy interest at stake, or to which they believe are politically sensitive. Despite China's recent revisions of criminal law, criminal procedure, civil law, and civil procedure, often trials are closed, conducted days after charges are filed, or even months or years later. Lawyers have been known to have been kept from their clients, or even kept from attending such politically sensitive trials altogether. Intimidation is also known to play a role, and many lawyers are unwilling to take on clients involved in trials considered sensitive, in order to protect their legal careers. These are just some of the reasons why individual cases decided by courts in China have much less significance than in other Common law or Civil law jurisdictions. It also deserves a mention that cases in China also play an important role as a tool of the Ministry of Propaganda, not only in their decisions as to what gets published, but more importantly, as to what does not get published. Nonetheless, we feel it is important to publish here, some of the cases that the Chinese government feels the domestic and international communities should have access to. We know that they all covey some message to the public at large, however subtle it may be. The messages are always there as a result of a legal system without checks and balances, which is often used as a "tool" to convey messages or enforce a policy, rather than implement blind justice. Below you will find some links to cases which we have found to be interesting, and of value as for better understanding the current policy trends and ideologies that are prevalent in China today. |
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