How public is a court trial in China?
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This document summarizes the development of public trials in China from the 1950s to the present. It discusses how the main functions of public trials have changed over time from political goals of the Communist Party to goals of judicial justice. The document also examines how public trials are regulated in laws and implemented in practice, noting challenges due to Communist Party control and issues with using social media.
How public is a court trial in China?
- 1. How Public Is A Court Trial In China? ICJ702 Student presentation Ran Hu March 11, 2014
- 2. Overview Research methodology and data assessment How has public trial been developed? What are the functions of public trial in different time periods? How is public trial regulated in laws? How is public trial implemented? Conclusion Discussion question Sources
- 3. Statement of the topic How public is a court trial in China?
- 4. Research Methodology Literature review (1966-2013) - academic research papers - Chinese legal documents - news/articles from Chinese mainstream social media (including those controlled by the Communist Party)
- 5. Assessment of the data Diversified sources Literatures in different time periods Western perspective vs. Chinese perspective No first-hand data
- 6. Public Trial: Development and Functions 1950s The Peoples Republic of China - the earliest public trial policy (1954 Constitution) - internal administrative proceeding before public trial - mass trial - main functions: consolidate the Partys leadership crush political opposition
- 7. Public Trial: Development and Functions (cont.) 1960s-1970s Cultural Revolution - all legal institutions were abolished - court trial: either done in secret or misused as ceremonial device (public trial) - main functions mass education on Communist Partys leadership raise political consciousness e.g. hunt for class enemies
- 8. Public Trial: Development and Functions (cont.) Post-1978 Opening Up and Reform - revised & re-passed laws - reestablished legal institutions - organic Law of the Peoples Courts: details regarding open trial - main functions: recover judicial transparency professional education and development
- 9. Public Trial: Development and Functions (cont.) 1990s Now - Social Media (e.g. Internet) is involved - more detailed policies e.g. how citizens attend trials evaluate judicial openness (Public trial 20/100) - main functions protect peoples rights to judicial democracy facilitate citizens participation build positive images of judicial system
- 10. Public Trials Main Function: Political ruling Judicial justice 1950s 1960s 1970s 1980s 1990s 2000s Now Communist Party of China
- 11. Public Trial: Definition Defining public trial - the entire process e.g. evidence openly submitted, question the witnesses openly, and announce all judgments openly - heard in public - to public auditing (citizens) - to the press - for non-public trial: reasons need to be announced
- 12. Public Trial: Principles All Trials need to be made public: - case outline, defendants/attorneys/judges, time and place Unless exceptional circumstances: - state secrets - business/commercial secrets - personal privacy - minors involved * Violations of the rules of trial in public case reopen/retrial
- 13. Public Trial: Implementation Court Model Standard Assessment - score local courts; performances ranking Use of Social Media - online trial documentation; live TV or Internet broadcasts of trials Practice of unwritten rules - gatekeeper system: observer pass application (e.g. Liu Xiaobos trial) - selectively public (sensitive cases vs. non-sensitive cases) - purposefully public (e.g. anti-governmental corruption: Bo Xilais Trial) Overuse of state secrets
- 14. Public Trial: Conclusion the main functions vary over time challenges in the implementation of public trial Communist Partys control vs. judicial independence social medias controversial role
- 15. Discussion Question 1. China has a strict Internet censorship system remaining subject to Communist Partys control. Under such circumstances, how Internet can be used in facilitating trial openness in China?
- 16. Sources 1. Hou, S., & Keith, R. C. (2012). A new prospect for transparent court judgment in China?. China Information, 26(1), 61-86. 3. Zhang, Q. (2003). The people's court in transition: the prospects of the Chinese judicial reform. Journal of Contemporary China, 12(34), 69-101. 2. Dingjian, C. (1999). Development of the Chinese legal system since 1979 and its current crisis and transformation. Cultural Dynamics, 11(2), 135-166. 4. Jones, W. C. (1976). A Possible Model for the Criminal Trial in the People's Republic of China. The American Journal of Comparative Law, 229-245. 5. Cohen, J. A. (1966). The criminal process in the People's Republic of China: an introduction. Harvard Law Review, 469-533. 6. Rojek, D. G. (1985). The criminal process in the People's Republic of China. 7. Keyuan, Z. (2000, September). Judicial reform versus judicial corruption: Recent developments in China. In Criminal Law Forum (Vol. 11, No. 3, pp. 323-351). Springer Netherlands. 8. Duan, Z. (2013). The rise of the internet and its impact on the openness of the justice system in mainland China: improvements and limitations. Journal of Open Access to Law, 1(1). 9. Belkin, I. (2000). China's Criminal Justice System: A Work in Progress. Washington Journal of Modern China, 6(2), 1-24.
- 17. 10. Organic Law of The Peoples Courts of China. (1980). Retrieved on March 1 from http://www.npc.gov.cn/wxzl/gongbao/2006-12/05/content_5354938.htm 11. Criminal Procedure Law of the Peoples Republic of China. (1979). Retrieved on March 2 from http://www.cecc.gov/resources/legal-provisions/criminal-procedure-law-of-the-peoples- republic-of-china 12. Dui Hua Foundation. (2009, February). Promoting Increased Transparency in Chinas Criminal Justice System. Retrieved on March 8, 2014 from http://duihua.org/wp/?page_id=2536 13. Song Xiaoxin: Criminal Trial Reform in China. Retrieved on March 5 from http://xhfy.xh.sh.cn/html/xh_rmfy/xh_rmfy_yxfg_lsz/2013-07-29/Detail_133634.htm (In Chinese) 16. Regulations on Public Trial and Sentence. (1999). Retrieved on march 6 from http://www.lawlib.zju.edu.cn/%E8%B5%84%E6%B2%BB%E6%B3%95%E5%85%B8/cd3 /Product6/Law/14_criminal_law/16_decide/16_decide1513.htm 15. Six Requirements on Judicial Openness. (2009). Retrieved on march 5 from http://www.china.com.cn/policy/txt/2009-12/23/content_19120679.htm 14. Building of Political Democracy in China. Retrieved on March 3 from http://english.people.com.cn/whitepaper/democracy/democracy(10).html Sources (cont.)
Editor's Notes
- #7: Before the country was officially founded, there werent public trial. All trials were conducted internally. Defendants didnt have attorneys either. (documents???) Given the limited time I would like to start with the time period when the country was founded. The country was founded in 1949. When they started making the constitution, public trial was mentioned. More specifically, the constitution says:????. However, everything was in transition. How a court trial was made public was like: all investigations were done internally and would be presented before the defendant internally trying to ask the defendant to confess. The public trial was just a place where the defendant would confess and be judged. If the crime was political crime, the public would be presented before a huge group of people. The main functions: show the partys power.
- #10: Supreme People's Court
- #14: 0 17.5 The scores vary. Some courts do not provide details on how to observe the trial; technique issues; As a courtroom can only allow a very limited number of people to observe, many courts started using Internet to make trials public. Some trials are even made public on TV, but usually these cases are purposefully made public. Will talk about it soon. In China Bribe-taking, corruption, and use of power. Received Life sentence