Author | Sida Liu and Terence C. Halliday |
---|---|
Country | United States |
Language | English |
Subject | Area Studies, Asian Studies, Sociology of law |
Genre | Non-fiction |
Published | 2016 (Cambridge University Press) |
Pages | 205 |
ISBN | 9781316677230 |
Criminal Defense in China: The Politics of Lawyers at Work is a book by Terence C. Halliday and Sida Liu on challenges facing criminal defense lawyers in China under Communist rule, where criminal defense invokes laws and procedures that challenge the authority of the Communist Party. [1]
Terence C. Halliday is a research professor at the American Bar Foundation. He has won distinguished book prizes from the American Sociological Association for his research concerning the politics of legal professions.
Sida Liu, co-author, is Professor of Law and Sociology at the University of Hong Kong. He is also Professor of Sociology, Law, and Global Affairs at the University of Toronto, Canada. He has previously co-authored with Halliday on Chinese criminal defense lawyers. [2]
The book is a National Science Foundation-funded research. [3]
Through 329 interviews in China and other research methods, the authors investigated and analyzed the intermingling of politics and practicing criminal defense in China between 2005 and 2015. Cambridge University Press published the book in November 2016 as part of the Cambridge Studies in Law and Society series. [4]
Many criminal defense lawyers, Halliday and Liu observed, depend on law practice for their income and generally work alone. Most of the weiquan lawyers did not start their legal careers as human rights activists. During their practice of law in criminal defense, they encountered a case that outraged them and inspired them to act. For example, a criminal defense lawyer initially rejected farmers’ plead for help until he saw firsthand the deception and corruption that the farmers faced.
Halliday and Liu also found that many of these lawyers are Christians. Because they often represent persecuted house church leaders or repressed Falun Gong believers, religious freedom is the theme of their defense. As a result, many of them were arrested, “disappeared,” and incarcerated in past years, such as Gao Zhisheng, Ni Yulan, Chen Guangcheng, Pu Zhiqiang, and Li Heping, among others in China.
Halliday and Liu point out that the criminal legal system in China remains under the control of the “iron triangle” of police, courts, and government prosecutors.
Ian Johnson, a Pulitzer-Prize-winning correspondent, reviewed the book in the August 2017 New York Review of Books. [5] In 2022, he commented that Halliday and Liu documented how Falun Gong became a litmus test for rights lawyers. “More than a decade after the crackdown, only the lawyers most committed to free speech and freedom of association dared to take on their cases.” [6]
Others believe the book produces “what is by far the most probing study in any language of the nature and challenges of criminal defense work in China.” [7]
William P. Alford, Professor at Harvard Law School, considers the book “a stunning achievement.” Halliday and Liu's study of criminal defense in China find ample support that “at least a tiny portion of the legal profession consistently mobilizes to fight for basic freedoms and political liberalism in the name of ‘law.’” [7]
Falun Gong or Falun Dafa is a new religious movement. Falun Gong was founded by its leader Li Hongzhi in China in the early 1990s. Falun Gong has its global headquarters in Dragon Springs, a 427-acre (1.73 km2) compound in Deerpark, New York, United States, near the residence of Li Hongzhi.
Re-education through labor, abbreviated laojiao was a system of administrative detention on mainland China. Active from 1957 to 2013, the system was used to detain persons who were accused of committing minor crimes such as petty theft, prostitution, and trafficking of illegal drugs, as well as political dissidents, petitioners, and Falun Gong followers. It was separated from the much larger laogai system of prison labor camps.
Li Hongzhi is a Chinese religious leader. He is the founder and leader of Falun Gong, or Falun Dafa, a United States-based new religious movement. Li began his public teachings of Falun Gong on 13 May 1992 in Changchun, and subsequently gave lectures and taught Falun Gong exercises across China.
The anti-cult movement, abbreviated ACM and also known as the countercult movement, consists of various governmental and non-governmental organizations and individuals that seek to raise awareness of cults, uncover coercive practices used to attract and retain members, and help those who have become involved with harmful cult practices.
The 610 Office was a security agency in the People's Republic of China. Named for the date of its creation on June 10, 1999, it was established for the purpose of coordinating and implementing the persecution of Falun Gong. The 610 Office was the implementation arm of the Central Leading Group on Dealing with the Falun Gong (CLGDF), also known as the Central Leading Group on Dealing with Heretical Religions, a leading small group of the Chinese Communist Party (CCP). Because it was a CCP-led office with no formal legal mandate, it is sometimes described as an extralegal organisation.
The American Bar Foundation (ABF) is an independent, nonprofit national research institute established in 1952 and located in Chicago, United States. Its mission is to expand knowledge and advance justice by supporting innovative, interdisciplinary and rigorous empirical research on law, legal processes and legal institutions. This program of sociolegal research is conducted by an interdisciplinary staff of Research Faculty trained in such diverse fields as law, sociology, psychology, political science, philosophy, economics, history, and anthropology.
Gao Zhisheng is a Chinese human rights attorney and dissident known for defending activists and religious minorities and documenting human rights abuses in China. Because of his work, Zhisheng has been disbarred and detained by the Chinese government several times, and severely tortured. He last disappeared in February 2009 and was unofficially detained until December 2011, when it was announced that he has now been imprisoned for three years. His commitment to defending his clients is influenced by his Christian beliefs and their tenets on morality and compassion.
Falun Gong, also called Falun Dafa, is a spiritual practice and system of beliefs that combines the practice of meditation with the moral philosophy articulated by its leader and founder, Li Hongzhi. It emerged on the public radar in the Spring of 1992 in the northeastern Chinese city of Changchun, and was classified as a system of qigong identifying with the Buddhist tradition. Li claimed to have both supernatural powers like the ability to prevent illness, as well having eternal youth and promised that others can attain supernatural powers and eternal youth by following his teachings. Falun Gong initially enjoyed official sanction and support from Chinese government agencies, and the practice grew quickly on account of the simplicity of its exercise movements, impact on health, the absence of fees or formal membership, and moral and philosophical teachings.
Falun Gong, a new religious movement that combines meditation with the moral philosophy articulated by founder Li Hongzhi, first began spreading widely in China in 1992. Li's first lectures outside mainland China took place in Paris in 1995. At the invitation of the Chinese ambassador to France, he lectured on his teachings and practice methods to the embassy staff and others. From that time on, Li gave lectures in other major cities in Europe, Asia, Oceania, and North America. He has resided permanently in the United States since 1998. Falun Gong is now practiced in some 70 countries worldwide, and the teachings have been translated to over 40 languages. The international Falun Gong community is estimated to number in the hundreds of thousands, though participation estimates are imprecise on account of a lack of formal membership.
Jerome Alan Cohen is a professor of law at New York University School of Law, an expert in Chinese law, a adjunct senior fellow for Asia Studies at the Council on Foreign Relations, and serves as "of counsel" at the international law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP.
David Matas is the senior legal counsel of B'nai Brith Canada who currently resides in Winnipeg, Manitoba. He has maintained a private practice in refugee, immigration, and human rights law since 1979, and has published various books and manuscripts.
A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from country to country. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case.
The Weiquan movement is a non-centralized group of lawyers, legal experts, and intellectuals in China who seek to protect and defend the civil rights of the citizenry through litigation and legal activism. The movement, which began in the early 2000s, has organized demonstrations, sought reform via the legal system and media, defended victims of human rights abuses, and written appeal letters, despite opposition from the Chinese Communist Party (CCP). Among the issues adopted by Weiquan lawyers are property and housing rights, protection for AIDS victims, environmental damage, religious freedom, freedom of speech and the press, and defending the rights of other lawyers facing disbarment or imprisonment.
The persecution of Falun Gong is the campaign initiated in 1999 by the Chinese Communist Party (CCP) to eliminate the spiritual practice of Falun Gong in China, maintaining a doctrine of state atheism. It is characterized by a multifaceted propaganda campaign, a program of enforced ideological conversion and re-education and reportedly a variety of extralegal coercive measures such as arbitrary arrests, forced labor and physical torture, sometimes resulting in death.
Falun Gong is a spiritual practice taught by Li Hongzhi. Practicing Falun Gong or protesting on its behalf is forbidden in Mainland China, yet the practice remains legal in Hong Kong, which has greater protections of civil and political liberties under “One country, Two systems.” Since 1999 practitioners in Hong Kong have staged demonstrations and protests against the Chinese government, and assisted those fleeing persecution in China. Nonetheless, Falun Gong practitioners have encountered some restrictions in Hong Kong as a result of political pressure from Beijing. The treatment of Falun Gong by Hong Kong authorities has often been used as a bellwether to gauge the integrity of the one country two systems model.
Li Heping is a civil rights lawyer in the People's Republic of China and a partner of the Beijing Global Law Firm who was abducted on 10 July 2015. He is a prominent figure in China's Weiquan movement, having defended underground Christians, Falun Gong practitioners, dissident writers, and victims of forced evictions, among others.
Weiquan lawyers, or rights protection lawyers, refer to a small but influential movement of lawyers, legal practitioners, scholars and activists who help Chinese citizens to assert their constitutional, civil rights and/or public interest through litigation and legal activism. Weiquan lawyers represents many cases regarding labour rights, land rights, official corruption, victims of torture, migrants' rights.
Bob Fu is a Chinese-American pastor. In 2002, he founded ChinaAid, which provides legal aid to Christians in China, and has been its president since then. Bob Fu was born in Shandong in 1968 and studied English literature at Liaocheng University in the 1980s. He converted to Christianity after an American teacher gave him a biography of a Chinese Christian convert. After his studies, Fu taught English at the Central Party School of the Chinese Communist Party in Beijing while participating in the house church movement. In 1996, Bob Fu and his family emigrated to Hong Kong and then the United States, after his wife became pregnant without government permission to have a child. Fu founded the China Aid Association in Philadelphia in 2002, but moved its headquarters to Midland, Texas, in 2004. Fu is also known for his role in helping negotiate barefoot lawyer Chen Guangcheng's immigration to the United States. In this sense, he has been described as a "liaison" between oppressed groups in China and foreign governments or media that can help them.
CHINA AID ASSOCIATION, INC., also known as ChinaAid.org is a registered entity in Midland, Texas. It was described as focusing on raising awareness of human rights abuses, providing support and legal aid to Chinese prisoners of conscience and their families, and promoting the rule of law and religious freedom throughout China.
Grace Gao, also known as Grace Geng, is a Chinese-American human rights activist. She is daughter of imprisoned Chinese human rights lawyer and dissident Gao Zhisheng. She and her family have been spied on, beaten and intimidated by the Chinese authorities. She lectures internationally to promote her father's book A China More Just and to bring attention to his case, and speak out against human rights abuses in China.
And so, I find myself in a position of picking up the mantle and becoming a human rights defender like my father.