Monday, September 21, 2015

Protect Lawyers' Rights: China's Supreme Court, Prosecutors, Public Safety and State Security Bureaus

Some counsel that it is pointless to petition the Communist Party leaders of China. Others are overly sensitive such as the American Bar Association which tepidly commented on detentions and arrests of lawyers for disfavored groups. But in a sign that China's leaders do hear protests from abroad,  just days before the arrival in the U.S. of President Xi Jin Ping, China's Supreme Court, Prosecutor, Public and State Security bureaus issued a joint "regulation" 规定 on protecting lawyers' freedom of advocacy. It begins with a broad command to courts, prosecutors, police, state security bureaus, and legal administrators 【 司法行政机关】: Article 2 "Do not obstruct a lawyer's legal advocacy or representation of others, and do not infringe on a lawyer's legal rights." "第二条:。。。不得阻碍律师依法履行辩护、代理职责,不得侵害律师合法权利."

The Committee to Support Chinese Lawyers may find tools here to advocate for those whose rights they champion - to turn fine words into action. - gwc

最新:五部委关于依法保障律师执业权利规定 (全文及7大权威解读)|法客帝国

1 comment:

  1. To my understanding, this document is not just a guidance that functions as to propagandize an upcoming new policy. Being named as “Gui Ding (规定/ regulation)” implies a legal effect which legally binds judges, prosecutors, policemen and so on. And it is worth noting that, according to the wording in provisions of this GuiDing, the subjects whose actions would be regulated in the GuiDing are mainly the issuers themselves. So it is interesting and apparently confusing to see this justicial protective regulation in the context in which the crackdown on cause lawyers culminates in this few years.