Tag

China legal system

In First, China Sentences a Taiwanese National to Prison on Separatism Charges

In First, China Sentences a Taiwanese National to Prison on Separatism Charges

By Brian Hioe
China has issued warnings about legal charges against Taiwanese independence activists and politicians. Yang Chih-yuan became the first to actually be convicted. 
One Woman’s Custody Battle Highlights the Challenges Facing Same-Sex Couples in China

One Woman’s Custody Battle Highlights the Challenges Facing Same-Sex Couples in China

By Huizhong Wu
Because same-sex marriage is not recognized in China, there is little legal clarity on child custody and visitation rights.

A New Era for China’s Overseas Anti-Corruption Campaign

A New Era for China’s Overseas Anti-Corruption Campaign

By Chi Yin
In an apparent first, China has convicted two people for bribing foreign officials. The high-profile judgment sends a clear signal: the time has come to exercise extraterritorial jurisdiction.

Restricting Foreign State Immunity: China’s New Law and What It Means 

Restricting Foreign State Immunity: China’s New Law and What It Means 

By Anushka Saxena
The law could be used to attack foreign state immunity on multiple fronts, including commercial transactions and IPR, especially against rival states like India and the United States

Child Sex Abuse Victim Gets a Landmark Win in Chinese Court

Child Sex Abuse Victim Gets a Landmark Win in Chinese Court

By Laura van Megen
In a national first, a victim of childhood sexual abuse was awarded financial compensation and public apology in Chinese civil court – even after the statute of limitations lapsed.
2 College Students in China Were Disciplined for Giving Out Pride Flags. Can the Law Help Them?

2 College Students in China Were Disciplined for Giving Out Pride Flags. Can the Law Help Them?

By Ding Yuan and Darius Longarino
The case illustrates the intersection of a tightening grip on LGBTQ expression, especially on college campuses, and the determination of some young Chinese to fight for more space.

American Prisoner in China Appeals to Basketball Star Brittney Griner for Help

American Prisoner in China Appeals to Basketball Star Brittney Griner for Help

By Peter Humphrey
Like Griner, Nelson Wells Jr. was imprisoned on flimsy drug charges without a fair trial. After nine years in a Chinese prison, he is hoping a new legal strategy can bring him home.
In China, Lawyers Don’t Need to Keep Your Secrets

In China, Lawyers Don’t Need to Keep Your Secrets

By Bonnie Girard
China has many of the trappings of a Western legal system, but lacks the substance – including a guarantee of attorney-client privilege.

Should Chinese Court Rulings Hold in New Zealand?

Should Chinese Court Rulings Hold in New Zealand?

By Christopher Edward Carroll
That was the question at play in a recent court case involving a businessman with debts in China and land holdings in New Zealand.

The Complexities of China’s Struggle For Justice  

The Complexities of China’s Struggle For Justice  

By Jerome A. Cohen and Chi Yin
A campaign against organized crime highlights the risks of China’s approach to law and order – but also reveals how Chinese experts continue to push for a better system.

Will China Learn From Its Biggest COVID-19 Mistake?

Will China Learn From Its Biggest COVID-19 Mistake?

By Zhuoran Li
Amid the Shanghai lockdown, government efforts to silence and prosecute critics have received more public attention – and sparked increasing outrage.
Taiwanese Morrison Lee Remains Detained in China, Even After Finishing His Jail Term

Taiwanese Morrison Lee Remains Detained in China, Even After Finishing His Jail Term

By Brian Hioe
The case of Lee, who was detained after taking part in the Hong Kong protests in 2019, sparked concerns about new legal precedent.

Should Murder Go Unpunished? China and Extradition, Part 2

Should Murder Go Unpunished? China and Extradition, Part 2

By Jerome A. Cohen
Extradition from Western democracies to China is unpalatable, legally and morally. So what alternatives exist to see justice done?
Should Murder Go Unpunished? China and Extradition, Part 1

Should Murder Go Unpunished? China and Extradition, Part 1

By Jerome A. Cohen
China’s quest to pursue justice beyond its borders – including the case of Kyung Yup Kim in New Zealand – necessitates a hard look at its judicial and legal systems.

How China’s Legal System Enables Intellectual Property Theft

How China’s Legal System Enables Intellectual Property Theft

By Daniel Rechtschaffen
China’s recent improvements in IP protection can’t overcome the fact that its legal system will never offer a level playing field.

Will China’s New National Security Law Be the ‘Anti-Virus’ Software That Locks Down Hong Kong?

Will China’s New National Security Law Be the ‘Anti-Virus’ Software That Locks Down Hong Kong?

By Jerome A. Cohen
Parsing the legislative, judicial, and law enforcement implications of the NPC’s “bombshell” decision.

China Is Taking Patents Seriously. The World Should Take Notice.

China Is Taking Patents Seriously. The World Should Take Notice.

By Bonnie Girard
China has spent 35 years quietly building a patent system that BRI is now helping to extend.
Xi: China Must Never Adopt Constitutionalism, Separation of Powers, or Judicial Independence

Xi: China Must Never Adopt Constitutionalism, Separation of Powers, or Judicial Independence

By Charlotte Gao
The Chinese president calls for strengthening the Communist Party’s leadership over law in China.

Meng Hongwei and the Rule of Law With Chinese Characteristics

Meng Hongwei and the Rule of Law With Chinese Characteristics

By Bonnie Girard
The former Interpol chief is the latest example of China’s problematic justice system.
Abrupt Detention of Meng Hongwei Further Damages China's International Reputation

Abrupt Detention of Meng Hongwei Further Damages China's International Reputation

By Charlotte Gao
Meng, like all other Chinese citizens, deserves procedural justice, one core value of the rule of law which China often ignores.

Sentenced to 18 Years in Prison, Anbang’s Founder Appeals

Sentenced to 18 Years in Prison, Anbang’s Founder Appeals

By Charlotte Gao
Wu Xiaohui, once a high-profile Chinese tycoon, decides to fight to the end.

What’s So Controversial About China’s New Anti-Corruption Body?

What’s So Controversial About China’s New Anti-Corruption Body?

By Jamie P. Horsley
Digging into the National Supervision Commission.

China’s Detention Law: CCP Curbs Courts  

China’s Detention Law: CCP Curbs Courts  

By Mercy A. Kuo
Insights from Stanley Lubman.
The Strange and Sad Case of Gui Minhai

The Strange and Sad Case of Gui Minhai

By Thomas E. Kellogg
Months after being released, Gui, a Swedish citizen, was abruptly arrested again.

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