Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China

American Bar Foundation, Chicago IL

Investigators

Abstract

Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China Terence C. Halliday and Sida Liu The development of basic legal rights and a legal profession to defend them is a crucial issue that is heavily debated within China and across the world. This study asks two key questions: What capacity do Chinese criminal defense lawyers have to defend individuals threatened with infringements of fundamental legal rights? And how are Chinese defense lawyers contributing to the development of a robust legal profession that protects basic legal freedoms? The project examines lawyers' ability to represent criminal defendants from five angles: (1) everyday lawyering, where practitioners play with and by the rules of criminal practice; (2) collective action by lawyers through networks, virtual communities and bar associations to advance basic legal freedoms; (3) cycles of criminal procedure law reform by the National Peoples Congress where rules of practice are forged; (4) the national and international media which provide public commentary on lawyers in criminal practice and influence their role within China; and (5) international influences on the shape of China's criminal justice system. Obtaining data from a variety of complementary perspectives, Halliday and Liu conduct 210 interviews with lawyers across China, undertake systematic analysis of Chinese and foreign media reports on criminal practice, engage in extensive archival research, and interview groups inside and outside China that seek to foster a strong criminal defense bar. Answers to these questions will go a long way towards understanding the achievements and impediments to rule of law in China. They will also show how domestic advocates inside China and supporters of the rule of law outside China can provide assistance to realize the emergence of a legal system in the PRC that is consistent with the United Nations' global norms.