Welaw Monitor (微律观察) #2

I am traveling at the moment, so my time to review articles published on Wechat is limited.  But below are some links of interest.

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Huazhen (Flower Town) emotional counseling

Oldies but goodies

Several prominent media sources, the South China Morning Post among them, are running articles on China’s clean-up of the financial sector, this one pointing to the government’s focus on privately owned insurance companies.

But those reading Wechat would have known that several years ago, China’s legal analysts had been writing  articles such as “China’s private entrepreneurs are all on their way to jail  or China’s businesspeople are either in jail or on their way to jail. 

China’s Good Samaritan case Peng Yu back in the news-  a backgrounder plus-retired SPC judge Cai Xiaoxue criticizes as does former judge & Peking U Professor Fu Yulin.

Detention Center Law draft

The Ministry of Public Security (MPS) has recently issued its draft Detention Center Law for public comments (link to Chinalawtranslate.com’s translation.  The draft has caused a great deal of comment within China and those concerned about the treatment of fellow human beings in criminal detention in China should read these articles:

The MPS is drafting the Detention Center Law, but the entire legal world is opposed

10 years of calls for separating detention from criminal investigation

Professor Chen Ruihua, defects of the detention system and how it should be reformed

Professor Chen Ruihua–the detention centers should be transferred to the justice authorities

Commercial law

China’s distraught buy online counseling packages, but does China’s consumer protection legislation protect them if there are no standards for counseling?

Party discipline

A Cangzhou court president is under investigation. Is it connected to the strip search of a woman lawyer?

In CCDI hearing procedures, will evidence provided by the accused be considered?  The answer is, the scope is limited

Criminal law

Three SPC judges (likely to have been on the drafting team) unpack the asset recovery regulations (discussed in this January blogpost). It shows they looked to foreign legislation when doing so;

 20 years of bribery prosecutions, with 9 acquittals

SPC on anti-drug day, with white paper and 10 typical cases

Is it rape if the sexual contact comes after the coercion?

Supervision Commission

The first father’s day after being transferred to the Supervision Commission

Labor law

Does “remote working” in China mean the place of employment has changed?

Don’t make these 10 mistakes when terminating employees

Family law issues & property

Leta Hong Fincher’s book Leftover Women discusses the Marriage Law interpretation & home purchases.  This Wechat post sets out a chart with various scenarios related to marriage & home purchase--a very handy reference.

Bankruptcy

10 typical bankruptcy cases from Suqian, Jiangsu Province, including some real estate companies

Chongqing courts borrow concepts of personal bankruptcy from abroad when dealing with private (shadow) borrowing cases

The many inadequacies in China’s non-performing asset legislation

Judiciary

A review of the Party’s work at the SPC since the 18th Party Congress

 

 

 

 

Welaw Monitor (微律观察) #1

I am tweaking the type of content on the blog, cutting down on the long analytical blogposts.   I will provide links to reports and analysis on court and other legal matters on Wechat. I am concentrating on writing a book and some other related writing and editing projects.

It remains my hope that some followers with the financial wherewithal to do so will consider supporting (in some fashion) the blogs that are enabling the English speaking and reading public to perceive (through translation or bite-sized analysis) the “elephant” that is the Chinese legal system, among them Chinalawtranslate.com and this blog.

Commercial law

14 situations where the corporate veil can be pierced

Criminal law

Public security v. SPC & SPP on what is prostitution–does that include other types of sexual services?

SPC vice president Li Shaoping on drug crimes–relevant sections of Criminal Law should be amended, better evidentiary rules needed for drug crimes, & death penalty standards need to be improved

Hebei lawyer’s collateral appeal statement, alleges torture during residential surveillance, procedural errors (part of China’s innocence project

China’s financial crime trading rules are unclear

Defendant changed his story on appeal but the appeal court ruled he was the killer

25 criminal law case summaries from People’s Justice magazine 

Criminal procedure law

public security does not want the procuratorate supervisors in police stations

A corrupt official’s polygraph problems

Supervision Commission

Its power should be caged

Beijing supervision authorities take someone into custody, will shuanggui be abolished?

Party discipline

On confession writing

10 No nos for Party members using Wechat

Administrative litigation law

SPC issues 10 typical administrative cases, including one involving the Children’s Investment Fund

Those disputing compensation for expropriation of rural land must first apply for a ruling–land is now part of the Harbin Economic and Technical Zone (unpacking of  case #46 of #2 Circuit Court’s case summaries)

Labor law

Important study by the Guangzhou Intermediate Court on labor disputes 2014-16, with many insights & a section devoted to sex discrimination issues

Don’t make these 10 mistakes when terminating employees

Family law

Status report on family court reforms (& difficult issues for judges)

 Why it’s so hard to deal with school bullying in China

How juvenile justice should be improved (the semi-official view)

Judiciary

300 cases in 100 days–a team of young judges & expedited criminal cases

Environmental Law

Procuratorate has brought 79 public interest law suits in Yunnan (press report)

Bankruptcy

Why bankruptcy is so difficult and what needs to improve

Lawyers

 legal qualification system needs changing, the profession needs those with non-law undergraduate training

 

 

 

Violence in Chinese schools–Supreme People’s Court investigates

u=3100241398,3468186084&fm=21&gp=0While most of the world is mesmerized by the high PISA scores of students in Shanghai schools, and the impressive achievements of Chinese students on standardized tests, a problem that has escaped the attention of most Chinese authorities (and the outside world) is violence in Chinese schools.  In time for Children’s Day (June 1), a team of researchers at the Supreme People’s Court (SPC) published a report on school violence disturbing to any student, parent, or person who was once a school child.

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No comprehensive data

The research team themselves admitted that they do not have comprehensive data on the problem.  School violence often does not enter the formal criminal justice system and is dealt with through public security or other administrative measures, or is not dealt with at all.  The team reviewed 100 criminal cases that arose in the last two years and visited some local courts, including those in Qingdao, a court in which the SPC is piloting measures to improve juvenile justice.

Crimes committed

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Age of offenders

The age of criminal responsibility for juveniles is currently 14, so the statistics on the age of offenders reflects this.  65% were between the ages of 16 and 18, while 34% were between the ages of 14 and 16. These numbers are not a true reflection of the extent of school violence because criminal responsibility for juveniles in China between the ages of 14 and 16 is limited to eight crimes, as set out in Article 17 of the Criminal Law.

Educational level

33% of students were in junior high, 22% in senior high school, 26% were vocational school students, while 12% were unemployed, with 2% primary school students.

Weapons

In 49% of cases, the offender used a knife, including switchblades, fruit knives, and hunting knives, 67% of the time causing death (35%) or serious injury (32%). In about half of the cases the offender turned himself in and also about half the cases were resolved by settlement with the victim/victim’s family.

Criminal punishment

In 32 cases of serious bodily harm, the offender was exempted from criminal punishment, in 68% of cases, the offender received a suspended sentence, while in 14% of cases the offender was sentenced to under three years or three to five years incarceration.

In 35 homicide cases, the offender in 23% of cases received a suspended sentence; 29% of cases, over 10 years in prison; in 34% of cases, five to ten years in prison.

Major issues

The problem is not taken seriously–with a prevalent attitude that school violence is part of growing up, and there is a lack of consensus about what to do about it;

Juvenile justice legislation is lagging behind, with offenders becoming increasingly younger, with cases of intentional homicide committed by juveniles under 14, with no penalties against stalking, verbal bullying, etc. This study, along with others, may lead eventually to changes in the age of criminal responsibility in China。

Too many serious offenders are receiving suspended sentences or avoiding criminal punishment by settling with the victim.

The researchers suggest looking to useful models from outside of China, to improve Chinese legislation.

The Ministry of Education has only recently issued a notice on school bullying. requiring incidents to be reported and preventative measures to be taken. It is likely that schools are reluctant to report these incidents.

School bullying and violence is a global problem and one where international cooperative efforts could be useful. In China, it is related, in part, to adults migrating to cities or developed areas to earn money, leaving behind their children with grandparents to study in underfunded schools.

(photos from the internet)