Teaching Comparative Government and Politics

Friday, August 07, 2009

Chinese version of rule of law

Don't make powerful enemies

China lawyer who fought unfair arrest is arrested
Xu Zhiyong, a 36-year-old Beijing lawyer, is renowned for his spirited defense of Chinese citizens victimized by unfair arrest or consumer fraud. Nowadays, the founder of the Open Constitution Initiative law firm will be lucky if he is able to defend himself.

Xu was seized from his home at 5 a.m. on July 29. His family and colleagues were given no official notice and only after a week of inquiries learned secondhand that he was arrested on charges of tax evasion. His detention has sent a chilling message not only to China's lawyers but to citizens who have found themselves in need of legal representation...

But Xu is by no means a dissident, preferring to work within a system he has hoped to improve, not overthrow.

His pedigree is impeccable: He earned his doctorate in law at prestigious Peking University, taught law at the Beijing University of Posts and Telecommunications and served as a representative to the People's Congress for the Haidian District of Beijing, where he lives. He also was a visiting scholar at Yale Law School.

"He had such confidence in the legal system," said Yang Huiwen, the only lawyer still in the offices Wednesday. Yang said he had wanted to quit the law because of hassles by authorities, but Xu talked him out of it. "He always talked about how the rule of law would help China advance."...

Sisi Liu of Amnesty International in Hong Kong said someone of Xu's stature suspected of tax evasion would normally be released on bail pending formal charges.

"Clearly, this is a politically motivated prosecution," she said, "and if there is such strong political motivation, we doubt that legal procedure will be followed."

No one knows how long Xu might be held without formal charges, but recent history isn't encouraging: Gao Zhisheng, a maverick lawyer who represented members of the banned Falun Gong movement, has been held incommunicado for more than six months.

Labels: , ,

1 Comments:

At 7:39 AM, Blogger Ken Wedding said...

Arrest in China Rattles Backers of Legal Rights


"China’s nascent legal rights movement, already reeling from a crackdown on crusading lawyers, the kidnapping of defense witnesses and the shuttering of a prominent legal clinic, has been shaken by the detention of a widely respected rights defender who has been incommunicado since the police led him away from his apartment 12 days ago..."

 

Post a Comment

<< Home