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  1. #91
    CC Grandmaster Ian Murray's Avatar
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    Jan 2004
    Quote Originally Posted by MichaelBaron View Post
    Your argument is based on the assumptions that al of the legal proceedings are going to be fair. Do you seriously think it is impossible for a Chinese government (people's government) to have a jury? Re ''as fair as possible'' Once again, we are applying our Western standard in a foreign country.
    Our rule of law is designed to ensure that legal proceedings are fair and the rights of those accused are protected. Of course the Chinese judiciary system could do likewise, but the simple fact is that it does not. Human rights are not restricted to westerners, they apply to everyone.

    No sign of change in China’s deeply flawed criminal justice system
    South China Morning Post

    A critical difference in the tenet of criminal proceedings between the rule of law and absolute government is that the former might prefer having a fugitive rather than a miscarriage of justice, whereas the latter would rather produce injustice than a fugitive.

    China’s record conviction rate of more than 99.9 per cent last year helps explain why its criminal justice system has produced so many misjudgments....

    The courts should be the final protection for the people from the arbitrary power of officials, but the party sees them as a tool for social control. The party chief, President Xi Jinping (習近平), vowed in 2015 that the law would be a “knife held firmly in the hands of the party”.

    The party is now stifling the type of advocacy that would help bring justice to innocents ..., as the government has stepped up a crackdown which saw hundreds of rights lawyers and activists jailed last year....

    Access to Justice in China
    Council on Foreign Relations

    ...The State Department also says the Chinese criminal justice system is biased toward a presumption of guilt, “especially in high-profile or politically sensitive cases.” According to its latest report, the conviction rate for first-time criminal offenders was above 99 percent in 2006. The findings were among widespread human rights violations in China alleged by the State Department. Chinese officials challenged the U.S. report, saying the government safeguards human rights. They also accused the U.S. government of numerous human rights violations of its own.

    The U.S.-based watchdog group Human Rights Watch says in its World Report 2008 that “torture, especially at the pre-trial stage, remains prevalent.” The report says law enforcement agencies “sharply limited and violated” the rights of criminal defendants in 2007 and defense lawyers faced chronic difficulties in representing their clients.

    Human rights groups say China’s Public Security Bureau continues to make wide use of the reeducation-through-labor system, including for political and religious dissidents. The system allows police officials to detain people for three or four years without trial or the approval of a prosecutor. This helps police circumvent the entire criminal justice system to sentence people to “something that looks very much like a labor camp,” says Cohen. ...

  2. #92
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  3. #93
    CC Grandmaster Ian Murray's Avatar
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    Jan 2004
    Quote Originally Posted by MichaelBaron View Post

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