Thursday, February 8, 2007
Posted by Alan Childress
Hualing Fu (Univ. of Hong Kong--Law), shown right, has posted to SSRN his 2006 article on the legal profession in China, entitled "When Lawyers are Prosecuted: The Struggle of a Profession in Transition." It is an ironic and interesting argument about a profession going through fundamental change (a transition discussed in this previous post on an article by Ethan Michelson). Here is Dr. Fu's abstract:
The principal argument of the paper is that abuses of Chinese lawyers are in some ways signals of (or result of) the progress that is being made in establishing China's legal system. Lawyers are intimidated and prosecuted because lawyers have become more proactive, aggressive and innovative in defending the rights of their clients and of their own, posing serious legal challenges that prosecution has never encountered before. This challenge is possible because criminal justice reform in China in the past ten years have created opportunities and incentives for a growing legal profession. Thus, the predicament of lawyers today should be examined in the context of a profession in fundamental transition.