Chinese Law Prof Blog

Chinese law events honoring Jerome Cohen

As Prof. Cohen, one of the founders of Chinese law studies in the United States, will be celebrating his 80th birthday this July 1st, the Chinese law community has been planning various events in his honor. Most recently, on Feb. 19th the George Washington University Law School and Georgetown University Law Center jointly put on an afternoon conference in Washington, DC. The program is here; videos of the proceedings will be available shortly.

Later this month, the William S. Richardson School of Law at the University of Hawaii will be holding a series of events from March 15th through 18th. Here are two informational flyers: an overview and a panel discussion program. The panel discussion will be recorded and made available on line.

Jerome Cohen lecture series at Yale Law School

Prof. Jerome Cohen will deliver a series of lectures at Yale Law School as part of the celebrations of his 80th birthday (coming up this July). The lectures will be on Feb. 2nd, 9th, and 23rd. Here's the announcement.

Sue the Chinese government, get hacked. Plus, the Cybersitter complaint.

That's what happened to the lawyers for Cybersitter, the California software developer that's suing the PRC government (among others) on charges they pirated Cybersitter's software in developing Green Dam. Here's the report.

Rich Kuzlan's AsiaBizBlog has also posted the complaints in the case. Here are the links:

• Cybersitter v. People's Republic of China et al.
• Cybersitter v. CBS Interactive

A different angle on the Google/China story...

... from Sarah Lacy on the TechCrunch site. Worth considering.

More on the Google/China affair: Google's statement in Chinese

Yesterday I blogged about Google's statement about its China operations; here's the statement in Chinese, courtesy of Human Rights in China.

My China-side blog rehabilitated

As mysteriously as they took it down, Sina.com has restored my blog on their web site (essentially a mirror of this blog), so it's now accessible again from within China. Here's an interesting index of what's sensitive and what's not: the posts on Liu Xiaobo have been deleted, but the posts on Akmal Shaikh remain.

Two interesting letters in the Liu Xiaobo case

Vaclav Havel, one of the original Czech dissidents behind Charter 77 (an inspiration for Charter 08), tried (with other co-signatories) to deliver a letter protesting Liu Xiaobo's sentence to the Chinese embassy in Prague. Since nobody would open the doors to them, they had to leave it in the mailbox.

Today, the New York Times carries a letter from Lois Snow, the widow of Edgar Snow, protesting Liu's sentence. Here's an article with some background.

Melamine addiction in China's dairy industry

It just keeps happening. Last month I blogged about three people arrested for adding melamine to milk even after an offender in the Sanlu scandal had been executed for doing it, suggesting that deterrence wasn't operating very well. Then on Dec. 31st came an announcement from Xinhua News Agency that excessive melamine had been found in milk coming from Shanghai Panda dairy. Now James Areddy writes in the Wall Street Journal's China Realtime Report that apparently the Shanghai Panda melamine problem, like the Sanlu melamine problem, was known by officials as early as April 2008, well before it was announced and products recalled.

Not to worry. On Dec.25th, less than a week before announcing the Shanghai Panda affair, Xinhua assured its readers that "[a]fter melamine scandal, it is impossible to sell poor quality milk."

Chinese art law web site and newsletter

For those interested in Chinese art law - I know there's at least a few of you out there - there's a new web site and newsletter, China Art Law, set up by Nancy Murphy, an attorney in Beijing.

Unblocking undone

Well, that didn't take long. My correspondents in Beijing report that Youtube is blocked as usual.

My China-side blog closed

As some readers may know, this blog is blocked inside of China. As a workaround, I set up a blog inside the Great Firewall on Sina.com. Such a blog can't be blocked, but the blog host (acting on its own or under direction from the authorities) can of course delete individual entries, and if fed up can delete the whole blog. This has apparently now happened. I'll see if I can get anyone to tell me the specific reason (I'm not optimistic) and report back.

US-China joint statement calls for "legal experts dialogue"

The US-China Joint Statement released on Nov. 17th contains the following language (emphasis added):

The United States and China underlined that each country and its people have the right to choose their own path, and all countries should respect each other’s choice of a development model. Both sides recognized that the United States and China have differences on the issue of human rights. Addressing these differences in the spirit of equality and mutual respect, as well as promoting and protecting human rights consistent with international human rights instruments, the two sides agreed to hold the next round of the official human rights dialogue in Washington D.C. by the end of February 2010. The United States and China agreed that promoting cooperation in the field of law and exchanges on the rule of law serves the interests and needs of the citizens and governments of both countries. The United States and China decided to convene the U.S.-China Legal Experts Dialogue at an early date. 

Here's some background from the Dui Hua Foundation on what the Legal Experts Dialogue is all about.

More news about Gao Zhisheng

At a CECC hearing yesterday in Washington, DC, John Kamm (Duihua Foundation) released the following information that he obtained from the Chinese Embassy in Washington:

"In late June, Gao Zhisheng was allowed to return to his home village in Shaanxi Province to pay his respects to his ancestors.

"He is not being mistreated and is not being subjected to coercive legal measures."

Let me add some editorial comment:

1. This is consistent with earlier news about a phone call Gao was reported to have made in July.

2. The claim that he is not being subjected to "coercive legal measures" is of course beyond laughable, and in contradiction to the notion that he was "allowed" to return to his home village. I know the old saying about a diplomat being someone who lies for his country, but I don't think they are supposed to tell you to your face that black is white and insist that it's pitch dark at high noon.

3. I suspect that the reason they are using this particular language is that it is the exercise of coercive measures (nothing about "legal" or "illegal") against the person that requires a legal basis (i.e., an appropriate document passed by the NPC or the NPC Standing Committee) and triggers various detainee rights and state duties. If there is no legal basis, then it's just kidnapping.

4. This represents some kind of progress, because at least the government is now admitting that is has information about Gao.

Just in time for the Grammys: The Song of the People's Judges

Here it is: 人民法官之歌 (Song of the People's Judges). Thanks to Glenn Tiffert for the link.

Here is a quick and dirty translation of the lyrics (no time for a proper translation):

Let loyalty be cast in the magnificent state seal
And support the golden balance-scales with impartiality
Open up and advance along the road to construction of the legal system
The spring wind of law blows across the cities and the villages.

To investigate the smallest detail, to eliminate the false and keep the true is our duty
To punish evil and promote good, and to support justice is our mission
O, be proud, people’s judges of the Republic!
O, be proud, people’s judges of the Republic!
Glory belongs to us
Glory belongs to the motherland
Glory belongs to the people!

Let loyalty be cast in the magnificent state seal
And support the golden balance-scales with impartiality
Open up and advance along the road to construction of the legal system
The spring wind of law blows across the cities and the villages.

To be loyal to the law and to strictly carry out the law is our bounden duty
To serve the people and to contribute selflessly is our sincere wish
O, be proud, people’s judges of the Republic!
O, be proud, people’s judges of the Republic!
Glory belongs to us
Glory belongs to the motherland
Glory belongs to the people!
Glory belongs to the people!

The legal job market in Asia

Here's a blog post on this subject from Above The Law. HT: China Law Blog.

WTO panel partly sides with US in dispute with China over IP piracy

In August 2007, the US requested a panel to hear its complaint against China for inadequate enforcement of IP laws. The panel has now issued its interim report. Although the report is not yet public, AP reports (citing trade diplomats who have seen the interim report) that the panel faulted China for not prosecuting pirates who copy CDs and DVDs before they are passed by censors. Apparently the panel also found, however, that Chinese thresholds for prosecuting piracy do not break WTO rules.

For the full AP report, click here.

Teng Biao and other lawyers offer assistance to Tibetan detainees

Fresh from his kidnapping by the police, Teng Biao has now joined an effort to offer legal assistance to Tibetans detained in the recent unrest. Here is the open letter in which he and several other signatories offer assistance. Teng is a brave man; the rabid nationalists - and there sure seem to be a lot of them - may be less polite to him than the police were.

My very last post on Tang Wei

There is now a petition circulating in China addressed to Hu Jintao and Wen Jiabao asking that the government withdraw the ban. Here's an English translation; here's the Chinese original. Interestingly, some of the language tracks that of the report in the Procuratorial Daily that I translated here a few days ago.

Visiting (or trying to visit) Zeng Jinyan at Bobo Freedom City

Here's a video of Time reporters Simon Elegant and Austin Ramzy trying to visit Hu Jia's wife Zeng Jingyan at her apartment at the ironically named Bobo Freedom City apartment complex. Zeng is under what amounts to house arrest, although as far as I know no legal justification has been offered. Here's a video shot by Hu Jia earlier of their life under house arrest. And here's the story of an attempt to bring milk powder to Zeng Jinyan and her baby. Fascinating stuff.

WTO panel issues final ruling against China in auto parts case

Last month I posted about the WTO's interim ruling; the final ruling has now been issued (but won't be public until July). Those who have access to the BNA's WTO Reporter can see a full report here. Here are the first few paragraphs, the quoting of which will not, I hope, exceed the bounds of fair use:

A World Trade Organization dispute panel has issued a final ruling upholding complaints filed by the United States, the European Union and Canada against China's discriminatory tariff treatment of imported automobile parts.

The final ruling circulated to the four parties March 20 maintains the findings in the panel's interim report issued Feb. 13, according to officials familiar with the ruling (30 WTO, 02/14/08).

The panel rejected China's arguments in defense of regulations that the United States, the EU, and Canada said resulted in illegal duties being imposed on imported auto parts.

Officials said China contested only one part of the panel's findings during the review of the interim report, namely that Beijing's decision to subject imports of completely knocked-down (CKD) and semi knocked-down (SKD) auto kits to the same 25 percent tariff as complete motor vehicles violated China's WTO accession commitments. The panel rejected China's claims in the final ruling, the officials said.

The final ruling is due to be issued to all WTO members and made public sometime in July.