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Justice in China isn't blind.... it just has Chinese characteristics

posted Saturday, 16 December 2006

While the Chinese legal system has often been criticized for being unjust and opaque, there remain a number of cases each year that stand out from among the rest as being particularly indicative of "Justice with Chinese characteristics". One such case is that of 20 year old land reform activist Chen Tao, who, late last month, had a particularly bad experience with the Chinese justice system.

(In)justice

In 2004, Chen took part in protests against the Pubugou dam in Hanyuan county, Sichuan province. The construction of which was scheduled to result in the forced displacement of approximately 100,000 people. During the course of the protest riots broke out, leading to the death of a member of the security forces for which Chen was tried and convicted in April 2005.

In accordance with Chinese law, Chen was granted the right to appeal his conviction. No date was set for his appeal, and his lawyer, Ran Tong, spent 18 months approaching authorities in order to secure a date without success. Each time being told that an appeal hearing would be granted at a later date.

However, upon approaching authorities on 4 December this year, again seeking a firm date for Chen's appeal, Ran was given a sentencing sheet indicating that the appeal had already been held in a closed court and he had been sentenced to death. More than this though, the sentence had already been carried out
on 28 November. Chen had been sent death without a lawyer present to defend him, and had been executed in secret.

  "I am extremely angry about this because since the first trial I have repeatedly asked them for an appeal date and they have always told me that the case was being worked on.... [then the] appeal was held in secret. They tricked us and secretly executed Chen Tao."

Ran Tong, Lawyer, China
 

Hatched Job

Although secret trials, trials without defense lawyer, and extreme opacity are not uncommon in China, China watchers have voiced that Chen's treatment is a particularly good example of bad practice in the Chinese legal system. Particularly in cases where the accused was part of an event that humiliated
authorities, or otherwise caused them to appear in a poor light.

On the subject of the speed and timing of Chen's execution, some China watchers have speculated that it may have had something to do with new regulations scheduled to be brought in during the new year. Under the new regulations, set to come into force on 1 January 2007, provincial authorities are to be stripped of the power to execute prisoners, with the power being transfered directly to the Supreme People's Court.

While such regulations are unlikely to prevent unjust or illegal executions from taking place, they will expose local authorities to greater scrutiny from the central government. Making it more difficult for them to impose the death penalty without exposing the circumstances in under which it was set, and their motives in setting it, to their superiors.

Bullet Money

While the entire incident has proven to be 'upsetting' for Ran, it has been worse for his Chen's parents who were only informed of their son's death when they were and instructed to collect his ashes, and to pay a 50 Yuan processing fee for his execution.
This case is ....
Sick
Wong
Sick and Wrong
Perfectly acceptable because because China has 5000 years of history
Blame Japan

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1. diego left...
Sunday, 17 December 2006 1:39 am

it's so bad how these kind of news don't get to our ears by regular sources. they should stop putting band aids on everything china does!! damn asslickers. thanks for always keeping us informed on the real china.


2. PiPi left...
Sunday, 17 December 2006 11:41 am

Sick and Wrong, but nothing that we have not come to expect in this up and coming superpower and world leader. Still, as bad as they are, they are far from being the worst in the world and let's not forget all the other similar stories from around the world.


3. Tom - Daai Tou Laam left...
Thursday, 11 January 2007 11:08 am :: http://www.the-eleven.com/~tjlegg/

You might be interested in this post of mine. http://www.the-eleven.com/~tjlegg/index.php?/archives/2315-Justice-Mainland -Style.html

:::A Jan 1. decision by the Supreme People's Court to take back power to approve death penalties, devolved to provincial higher courts in the early 1980s, would not mean a more lenient criminal justice in the future, Xiao {Yang, president of the Supreme People's Court} said.

"The courts should harshly punish major crimes to safeguard national security and social stability," Xiao reportedly said.

Only 1 464 people out of 760 694 criminal defendants, or 0,2 percent, were acquitted in their first trials from January to November last year, Xiao said.:::


4. ACB left...
Friday, 12 January 2007 5:10 pm :: http://angrychineseblogger.blog-city.com

I wrote about the high conviction rates a while ago, but I can't remember what the context was right now so I can't find the link.

When you come down to it though, China's acquittal rate isn't as bad as it might first seem. Yes, there is a lot of injustice in there and a lot of people are unfairly convicted, but it's explainable by looking at China's justice system.

Once you get past the injustice, China's low acquittal rate is down to several factors.

1) The low rate of criminality in China. Fewer people commit crimes and those who commit them stand out more amongst the population.

2) Lower trial rate. Many crimes never go to trial, and those that do are often open and shut cases in Chinese terms so conviction is easier (as in, if you're standing over the body with a knife, you are going to be convicted, if you're not standing over the body with a knife, you won't even be caught).

3) Rape. In the West, rape and other sex crimes are very hard to prove and often result in acquittals (less than a 50% conviction rate in some places when no guilty plea is entered). In China, these cases simply aren't brought to trial. This throws the statistics off.

When you get down to it, China has a comparable conviction rate to Japan, where all of the above are also true.


5. Mao zhi left...
Friday, 19 January 2007 3:02 am

China cannot do anything wrong, of course, because we have a 5000 year history and everything was created from Chinese culture and ideas. I feel Japan is possibly behind this as Japanese past aggressions have always been the problem with China. Perhaps the Falun Gong is to blame. I am sure GWB is also part of the problem too. I bet there is also a connection with the war in Iraq as another possible cause too.

xie xie for reading my response, now I must get back to a few "business deals, red envelopes and dang yuan membership drives"

My 3rd wife is waiting for me in my BMW while my driver is getting my Black Audi washed, so I cannot comment any further upon any of these issues. You can get more details on how great the economy is and how great our growth rates are right now on CCTV. Just look at all those new offices being built right now for the 2008 Olympics!

  • I have more pressing things to do and do not have enough time to respond the truth to all. It has been difficult to get to the golf course these days from my 3rd villa since those evil migrant workers and low-life peasant farmers with their donkey vegitable carts seem to block the traffic flow on the 4th ring road.

Komrad,

Mao Zhi


6. ACB left...
Saturday, 20 January 2007 5:29 pm :: http://angrychineseblogger.blog-city.com

You brought a foreign car? Traitor.