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China Law & Policy

Details: Knowing these provisions of the Counter-Terrorism Law are important because under Chinese law, only national level laws can provide for the deprivation of a person’s liberty. Local regulations implementing the national level laws cannot hold a person beyond the …

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China Law & Policy

Details: the site helps contribute something to foreign legal professionals’ understanding China’s situation and vice versa. In 2013 when I started the site, there were a number of major new laws and interpretations released, not the least of which was the revised Criminal Procedure Law (CPL) with its 290 articles, the Supreme People’s Court’s accompanying 548-article interpretation, the

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China Law & Policy

Details: The beefed-up socialist rhetoric began quietly with a speech given by President Hu Jintao at a Chinese Communist Party conference in December 2007. In his speech, Hu announced the doctrine of “the Three Supremes:” “always regard as supreme the Party’s cause, the people’s interest, and the Constitution and laws.”

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China Law & Policy

Details: In our final segment with Prof. Rachel Stern, author of Environmental Litigation in China: A Study in Political Ambivalence , China Law & Policy discussed the role that the international NGO has played in China’s environmental law movement, especially given the fact that many foreign governments have cut back or completely eliminated their funding for “rule of law” projects in China.

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China Law & Policy

Details: Also instrumental was the fact that RTL was not based in law. According to the China’s Legislation Law, the law that sets the basic ground rules on how all other laws and regulations are to be written, “[o]nly national law may be enacted in respect of matters relating to. . . (v) . . . compulsory measures and penalties involving

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China Law & Policy

Details: The second channel, also governed by state law, involves administrative sanctions and applies specifically to government officials and Party members, who are subject to a thicket of regulations and laws enforced by an assortment of agencies, including the Law on Public Servants and, in complex or serious cases, investigation and sanction by

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China Law & Policy

Details: The film follows the lives of two Shaoxing opera actresses – Yuehong and Chunhua – as they travel through a turbulent time in China’s history. The film opens in 1935’s rural China. Chunhua, who has run away from her in-laws who had plans to sell her, finds herself hiding in the store room of a local opera troupe.

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China Law & Policy

Details: Much of what has been happening in Xinjiang is against the backdrop of the 2015 passage of the Counter-Terrorism Law, a vaguely drafted law that often references religion when discussing “extremism.”For violations of the Counter-Terrorism Law that rises to the level of a crime, these matters must be prosecuted through China’s criminal justice system, a.k.a, the court system (see Art. 79).

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China Law & Policy

Details: Yet these laws are closely intertwined. For example, use of the death penalty is first constrained by the substantive offenses for which it is a possible penalty; this now stands at fifty-five, down from sixty-eight in the pre-2011 version of the Criminal Law—not a small number.

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Do We Still Need to Translate China's Laws

Details: the site helps contribute something to foreign legal professionals’ understanding China’s situation and vice versa. In 2013 when I started the site, there were a number of major new laws and interpretations released, not the least of which was the revised Criminal Procedure Law (CPL) with its 290 articles, the Supreme People’s Court’s accompanying 548-article interpretation, the

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China Law & Policy

Details: Just that something was in an existing law doesn’t mean it’s good. Better enforcement of bad laws is a problem. Generally speaking enforcement of laws is desirable, but if your law is already unfair that can be an issue. And there are laws in China that I disagree with.

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Do We Still Need to Translate China’s Laws

Details: the site helps contribute something to foreign legal professionals’ understanding China’s situation and vice versa. In 2013 when I started the site, there were a number of major new laws and interpretations released, not the least of which was the revised Criminal Procedure Law (CPL) with its 290 articles, the Supreme People’s Court’s accompanying 548-article interpretation, the

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China Law & Policy

Details: China Law & Policy believes that an understanding of the development of the Chinese legal system is integral to an informed U.S. policy toward China.In China, where the legal system is often indistinguishable from the political system, which laws are effectively implemented is not necessarily determined by an independent legal system, but instead reflects the political priorities of the ruling

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China Law & Policy

Details: For over a decade now China has been drafting environmental protection laws at a rapid clip. And it’s no wonder. From 1980 to 2000, the Chinese government’s singular focus on economic growth has put the environment in grave jeopardy, with cancer villages sprouting up throughout the country, toxic air a common occurrence and polluted waters killing fish and people’s livelihoods.

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China Law & Policy

Details: Through various cyber laws and regulations it is these internet companies – like Baidu and Alibaba – that carry out the government’s censorship of the internet. If these companies don’t follow the weekly guidance on what content must be taken down, their licenses to run an.

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China Law & Policy

Details: Normatively, the Chinese criminal law, at least in terms of the mentally ill, is not too different from the criminal laws of the United States or the United Kingdom – all of these countries seek to protect the vulnerable class of the mentally ill from the harshness of the criminal law.

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China Law & Policy

Details: Ming Dynasty soldiers. But the Great Wall is more than a symbol of ineffectiveness; it also demonstrates the danger in a country’s own isolationist policy. For the first 150 years of the Ming Dynasty, China, through effective trade relations with the northern tribes, was able to keep peace with its neighbors.

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China Law & Policy

Details: Also instrumental was the fact that RTL was not based in law. According to the China’s Legislation Law, the law that sets the basic ground rules on how all other laws and regulations are to be written, “[o]nly national law may be enacted in respect of matters relating to. . . (v) . . . compulsory measures and penalties involving

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China Law & Policy

Details: 2. The original direction of reform was to bring professionalization and specialization to the judges, but now the emphasis is on the decades- old “Ma Xiwu” adjudication method of following the masses. 3. Originally, there was emphasis on judicial neutrality and …

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China Law & Policy

Details: The fact that China verbally commits to human rights reviews and ratifies certain conventions demonstrates that international status means something to it; not necessarily enough to always abide by human rights laws, but enough for international pressure in the case of Chen to make a difference.

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China Law & Policy

Details: The persistent arbitrary detention of sex workers and people who use drugs in China’s Custody and Education (“C&E”) [收容教育] and Compulsory Isolated Treatment (“CIT”) [强制隔离戒毒], administrative detention systems that have flourished even with RTL’s demise, are compelling examples of the invisibility of stigmatized populations in China’s UPR review; in fact nowhere

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China Law & Policy

Details: 2016: The Passage of Laws that Specifically Target Civil Society. China’s Foreign NGO Law is no lighthearted 1940s Hollywood movie. But if these long prison sentences are not enough to squelch future rights activists, the Chinese government has adopted a series of laws to further restrict civil society.

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China Law & Policy

Details: China’s property laws – the PRL and the LAL – provide little rights to villagers. But there is certainly something happening here….I’m just not so sure what it is and perhaps it is still too early to determine if Wukan is in fact a harbinger of something more. Protests in China against rural land takings and the lack of …

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China Law & Policy

Details: EL: Currently, does China have any policy or laws in regards to government procurement of foreign companies’ goods or services? BG: Yeah. In 2002, China promulgated the Government Procurement Law. It’s somewhat controversial in nature but it basically just states that Chinese government agencies and entities must purchase domestic goods

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China Law & Policy

Details: It also reflects the historical legacy of China’s Silk Road – a trade route between Europe and China that emerged as early as the Qin Dynasty (221 – 206 B.C.) and flourished during the Tang Dynasty (618 – 907 A.D.). It was the Silk Road that resulted in China becoming the economic and cosmopolitan superpower that it …

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China Law & Policy

Details: Given these facts, there is increasing likelihood that more foreigners will interact with the Chinese criminal justice system, a system that based on Mr. Shaikh’s case is a far cry China’s own criminal laws let alone actual justice.

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China Law & Policy

Details: so many laws one environmental protection, that in the Western press there is this talk of an environmental movement in China, you see protests. So you think oh, this is a hotbed of activity – stuff is really happening here. But then I read your book and I am like oh, no, not really.

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China Law & Policy

Details: To be sure, drafting laws is the first step; but without meaningful and consistent implementation, the value of such a large body of law is questionable. Additionally, Li and Lee look to the increased professionalization of the legal profession as a positive sign.

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China Law & Policy

Details: It’s part of a big trend toward drafting lots of laws. The 1990s and 2000s were boom times for legal drafters in China. There are laws being drafted all the time on all subjects; we can’t have gaps.

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China Law & Policy

Details: Appearing to upend prior leader’s commitment to the Party as paramount to the Constitution, Xi highlighted that “[r]ule of the nation by law means, first and foremost, ruling the nation in accord with the constitution; the crux in governing by laws is to govern in accord with the constitution” (emphasis added).

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China Law & Policy

Details: The content of those laws is bound to be the subject of comment. The press (and the Australian public), for example, probably took access to a lawyer for granted – they were more interested in the fact that Hu’s wife was apparently not allowed to visit her husband at all during his period of detention.

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China Law & Policy

Details: World leaders met this week in Washington, DC to discuss the danger of nuclear war. But as the world becomes increasingly reliant on the internet and increasingly connected through it, another threat is beginning to loom large – cyberwar.

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China Law & Policy

Details: For many, wood block prints are synonymous with all things Japanese. But as “The Printed Image in China” – a traveling show from the British Museum currently on view at New York’s Metropolitan Museum of Art – demonstrates, such a perception is totally wrong since it was China that first developed the technology, allowed it to flourish and made it an integral part of its culture and

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China Law & Policy

Details: Governments can and should pass laws that are economically punitive to corporations that conduct morally-offensive. Tiananmen Square Protests, Spring 1989 - before the Government Crackdown. activities, making such actions too high of an economic cost to that company.

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China Law & Policy

Details: To understand the complex issues underlying the world of hacking and cyber-espionage, and how it relates to U.S.-China relations, China Law & Policy sat down with a noted expert on both China and cyber-security, Dr. Adam Segal, the Ira A. Lipman Senior Fellow at the Council on Foreign Relations. In this exclusive interview, Dr. Segal discusses the nature of the attacks on Google, the

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China Law & Policy

Details: In Petition: The Court of Complaints, director Zhao Liang (pronounced Zhwow Le-ang) takes on a huge and important subject – the Chinese petitioning system. While the documentary fails to produce a cohesive story, it does successfully portray vignettes of a society very much in turmoil and tells the story of the many people left behind by China’s progress.

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China Law & Policy

Details: China is a sitting member of the U.N.’s Human Rights Council, a Council that less than a year ago issued a resolution calling on its members to create an environment where civil society can flourish and admonishing those state’s that passed laws similar to what China has proposed in the current legislation.

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China Law & Policy

Details: so many laws one environmental protection, that in the Western press there is this talk of an environmental movement in China, you see protests. So you think oh, this is a hotbed of activity – stuff is really happening here. But then I read your book and I am like oh, no, not really.

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China Law & Policy

Details: In our final segment with Prof. Rachel Stern, author of Environmental Litigation in China: A Study in Political Ambivalence , China Law & Policy discussed the role that the international NGO has played in China’s environmental law movement, especially given the fact that many foreign governments have cut back or completely eliminated their funding for “rule of law” projects in China.

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China Law & Policy

Details: Article 201 of China’s Criminal Law criminalizes tax evasion (Amendment VII to the Criminal Law Amends Article 201). Like many laws in China, the actual law is not the end all and be all. Because China is a civil law country, often the generalities of the national law are fleshed out in various agencies’ “interpretations.”.

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China Law & Policy

Details: Under Article 347 of the Chinese Criminal Law, trafficking more than 50 grams of heroin into China is subject to a prison term of 15 years, a life sentence, or the death penalty; here Mr. Shaikh brought in over 80 times that minimum amount – four kilograms of heroin. China, like the United States, takes a harsh stance against drugs and often

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