Law-related Wechat public accounts (2017 version) (1)

logoI’ve posted several times about law-related Wechat (微信) public accounts.  They are an important resource for those trying to understand Chinese legal developments (or their absence) and their implications or impact. For the observer, it enables us to learn about new issues (or aspects of issues) that we didn’t know existed, and (depending on the topic), hear viewpoints other than the official one, or at least read hints of dissenting views. Those with the Wechat app on their smartphone can subscribe to these public accounts but it is also possible to find some these articles through an internet search.  Note that the “Mr. Yong” about whom I wrote in 2016 still lurks on Wechat, so articles published may disappear.

Below is an incomplete guide to some useful law-related Wechat public accounts–oriented to my own interests, to be followed up when time permits.  Please contact me through the comment function or by email with additional suggestions.

Official accounts

As I’ve written before Party/government authorities use Wechat public accounts to reach out to a public that is moving away from traditional media to their smartphones. SPC policy is encouraging courts to do so.  There is some but not complete overlap between articles that appear on an institution’s website and Wechat account. There is complete overlap when more political matters are involved. Even some articles published on institutional public accounts have a “netizen” tone and popular netizen slang and images, such as this one from the Qianhai Court public account.

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You’re right, today the little editor wants to tell everyone A BIG! THING! about the Qianhai Court!

Some large institutions (Supreme People’s Court (SPC) and Supreme People’s Procuratorate (SPP)), have affiliated research, publishing and educational institutions, with each having a Wechat public accounts under its auspices. There is some overlap in articles, but others are unique to the Wechat account.

The SPC has its official account: Wechat ID: ch_zgrmfy; People’s Court Daily: Wechat ID: renminfayuanbao; SPC’s research institute, The Institute for Applied Jurisprudence, Wechat ID: fayansuo; National Judicial College’s Wechat ID:falvshiyongzazhi (Wechat version of their magazine, Application of Law (法律适用) & account of its case research institute (司法案例研究院), Wechat ID: sifalyjy.  There is also an account on diversified dispute resolution, linked to the Institute for Applied Jurisprudence: 多元化纠纷解决机制 (SIFAADR). The electronic database Faxin (法信) affiliated with People’s Court Press (which itself has a Wechat account: fayuanchubanshe) also has a Wechat account, Legal_information, as do the journals 中国审判  (Id: zhongguoshenpan) and人民司法 (renminsifa). (This list is incomplete).

Officially approved accounts but not official

Some individuals affiliated with legal institutions have Wechat public accounts (presumably with the approval of their institutional leaders), among them: account of a Pudong New area judge, 法眼观察 (fygc20140416)–here is a recent article on the large number of cases in his and 19 other local courts; 法影斑斓 , account of He Fan, judge in the judicial reform office of the SPC, Wechat ID: funnylaw1978; CU检说法 (CU-JIAN), account of a local prosecutor (see an article on prosecutor’s assistants) 稻花蛙声(paddyfrog), recent article on judicial reform as seen from the bottom of the judicial food chain;法治昌明 (fazhichaming), with a recent article on the toxic system of performance appraisals.

Supervision Commission

The two must read accounts for those trying to understand what is happening with the supervision commission pilots:监察委前沿 (jianchaweiqy)and反腐先锋 (recent article on the framework for the supervision commissions published here)

Others, many previously recommended

  • Arbitration:  Wechat ID: cnarb1, account of Lin Yifei, mentioned in an earlier blogpost.  I highly recommend it to both practitioners and others interested in arbitration.
  • Labor law:Wechat ID: laodongfaku (劳动法库) (with over 200,000 followers; Wechat ID: ldfview (子非鱼说劳动法);
  • Civil law 海坛特哥 (haitanlegal), account of Chen Te, formerly of the Beijing Higher People’s Court, now a lawyer (高衫legal) [his earlier posts focused on medical law], Wechat ID: gaoshanlegal;  审判研究, Wechat ID: spyjweixin; 法客帝国, Wechat ID: Empirelawyers; 审判研究, Wechat ID: msspck.
  • Criminal law: 辩护人Defender (bianhuren_net); 辩护园地 (zrflawyer); 刑事实务, Wechat ID: xingshishiwu; 刑事审判参考 Wechat ID: criminailaw;说刑品案 (xingshishenpan)
  • International law: Wechat ID: ciil 2015 国际法促进中心
  • IP law–知产力 (zhichanli); 知识产权那点事, Wechat ID: IPR888888.
  • Aggregators–智和法律新媒体, Wechat ID: zhihedongfang; 法律博客, Wechat ID: falvboke,  法律读品, Wechat ID: lawread.

 

 

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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

 

 

 

Why are Chinese judges resigning?

Much has been written on why Chinese judges are resigning (but not enough about Chinese prosecutors–to be the subject of a later blogpost), but this blogpost (written on the road) adds some more detail and analysis. Comments (and criticism) are welcomed.

In May (2016), Chen Haiguang, the head of the judicial management department of the Supreme People’s Court (SPC) revealed that over 1000 judges had left, which he described as about 1% of the judiciary. The number appears to be an underestimate.  The legal Wechatosphere often mentions that a Wechat chat group of former Beijing-based (including the SPC) judges has reached its maximum of 500 members.

More data and analysis comes from two sources: a survey conducted in the fall of 2015 and published by Wusong (a big thank you to another “authoritative person” for bringing this to my attention) and a recent article by one of the more popular Wechat public accounts, Empire Lawyers ( 法客帝国).

Respondees to survey

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Six hundred former judges responded to the survey, conducted through social media, of which 72% had left within the past year, while almost 19% had left within the past 2-3 years.

Who is leaving

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Judges resigning, by sex (82.2% men, 19.67% women

It is mostly men leaving the judiciary, out of proportion  with the ratio of men:women in the judiciary (2:1). (This confirms what I have been saying when I have spoken on this issue). The survey gives the rationale that men are more interested in a challenging career than women, and are able to deal with a more pressured life.

Judges are resigning in their 30’s, for the most part (see below), and my own analysis is that the reason women are staying in the judiciary is that (married) women at that age also have responsibilities to children and elderly parents. Women are prepared to deal with the stresses of working in the judiciary because the work is more “stable,” and does not involve marketing work after business hours.

Age and education

Over half (55%) of the judges resigning are in their 30’s. Most (70%) have been in the judiciary for at least 6 years, with practically all (91%) with at least 4 years of experience, over 99% with an undergraduate degree and 37% with a master’s degree.

Type of court and area of work

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Most judges who have resigned recently  are from the basic level (78%) and intermediate level courts (18%).

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Many (almost 80%) of the judges who had resigned were in the civil/commercial divisions, with division chiefs and deputy division chiefs accounting for 14% and 19% respectively.

Reasons for leaving:

  • benefits insufficient (66% selected this as primary reason);
  • too much pressure and too much work (60%);
  • not enough opportunity for promotion (34%);
  • professional risk and lack of professional respect (31%).

Those that have resigned are generally pessimistic about judicial reform (47%) or can’t say for certain whether it will be successful (32%). Their “judges’ dream” is to be able to try cases independently, without reporting their case up to the leadership, worrying about parties to the case petitioning because they are unhappy with the outcome, etc.

Another analyst (the editor of the Wechat account Empire Lawyers) gave three reasons for the wave of judges submitting their resignations.

  • Wechat;
  • Judicial reform;
  • Other factors (especially money).

Why Wechat?  Because it has given them a new universe of social connections outside the judiciary. It also gives them easy access to information about the life of former judges similar to themselves. Moreover, through Wechat they can create a circle of friends and connections who can provide moral support when they have made the decision to resign. According to the editor, Wechat is often a vehicle for judges preparing to resign. Some judges establish their own Wechat public accounts while still in the judiciary, publishing articles that bring much more attention from legal professionals to their expertise than their judgments ever do.

The increased stresses of judicial reform are another set of factors–the lifetime responsibility system,  case registration system, and particularly, the bright line quota on the number of judges (no more than 39%) means that promotions will come more slowly than previously and others will not even be eligible to participate in the examinations for qualifying as a judge.

Other factors?  The editor cited money, particularly judges in major cities with high costs of living.  The fact remains that middle-class life in China’s major cities, particularly for couples with a child, is expensive and judicial salaries, tied to civil service rank, are inadequate.   As the editor mentioned, some judges supplement their wages with (legal) inome from writing or lecturing. (It seems likely in the current atmosphere, fewer judges are willing to risk soliciting illegal income.)

There is also the rigidity of the Party/state cadre management system. While law firm partner classmates are posting photos of themselves at Yosemite or in the Grand Tetons on Wechat, judges must obtain permission to leave the country

Finally, this couplet is popular on legal oriented Wechat:

网上流行一个段子:

Q: Do you regret resigning from the court?

问:从法院辞职,你后悔吗?

A: Regret.

答:后悔。

Q: Why do you regret it?

问:为什么后悔?

A: I regret that I left too late.

答:后悔出来晚了。

Watch out for Mr. Yong when you read about law on Wechat

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This content cannot be read; Yong Hu (user) has complained, discovered this content violates law, regulations, and policy

Those reading about China’s social media in English have been mesmerized by articles summarizing the recently published and impressive study of the pro-government “fifty cent army” on Weibo by Professor Gary King of Harvard’s Institute for Quantitive Social Science and coauthors Professors Jennifer Pan and Margaret Roberts from Stanford and the University of California, San Diego.  However, according to the numbers, the focus of China’s social media has very much shifted to Wechat (Weixin).  According to statistics from April, 2016, the number of Wechat active users has grown to 650 million, while the number of Weibo active users at the same time was about 261 million.  Wang Dong, author of a popular (and prize-winning) legal Wechat public account CU检说法 (with a day job at the Suzhou Procuratorate), recently pointed out that a “Mr. Yong” poses a threat to Wechat readers.

Wang Dong posed the question “who is that guy Yong (用)?”  “Every time Yong Hu (用户) (user) complains about the content in an article, it disappears.” Wang Dong asked further:

Who is this guy “用户”? He certainly does not like to stand on a podium to debate with people, perhaps because of stuttering, but more likely because he really does not have that kind of scholarship, does not know what to say, and perhaps, after he says a few words and omits words and is ridiculed, the crowd of helpless laughter causes him to retreat back.

So, the easiest way is hiding in the shadows, lurking, lurking, lurking silently, silently recording  his hate in every move and every word of the people, to analyze these articles, from which to find  “segments of illegal content.”

Perhaps Professor King and coauthors can now turn their attention to Mr. Yong and his army of Wechat lurkers, to assist us in understanding what made Mr. Yong and his army of lurkers complain about 200,000 items on Wechat in 2015 and cause 120,000 Wechat public accounts to be penalized.

 

 

 

Accessing Chinese criminal law legal developments via Wechat (updated)

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defense counsel in a Beijing court

This brief blogpost, updated with content on the 18 April judicial interpretation on corruption offenses, supplements my earlier blogpost on legal Wechat public accounts.

Defender (辩护人), one of the leading criminal law Wechat public accounts recently published a list of the most widely read Wechat criminal law Wechat public accounts with user statistics (as of 15 April).

Given that criminal law is more sensitive that commercial law in China, posts that relate to more difficult topics sometimes disappear.

Some of the most useful posts in recent days relate to the 18 April judicial interpretation on corruption offenses.  Several posts package the judicial interpretation together with the statement by officials from the Supreme People’s Court (SPC) and Procuratorate (SPP)–that statement gives important background information about the legislative history and intent of the drafters. Related posts put the interpretation into chart form, providing easy reference to all participants in the criminal justice system.  As might be expected, more sensitive analyses may disappear, such as this one An analysis  by Si Weijiang, a well known defense lawyer. A PDF version can be found here, so that readers may judge for themselves (斯伟江 • 迟来量刑标准调整:反腐高压下的调整).

Within the past week, this one was published, setting out the legal basis and jurisdiction of departments of the public security authorities to open a file (立案) and begin an investigation.  One of the departments focuses on anti terrorism (反恐怖部门), authorized to open a file for seven different crimes.

In March of this year, at the “Two Meetings,” Zhu Lieyu spoke out in favor of removing detention houses (where pre-trial suspects are held), from the jurisdiction of the public security authorities. Recent posts on some of these criminal law public accounts include one listing the titles, location, and telephone numbers of  detention houses in Zhejiang Province, and an earlier one in Defender with an open letter from 37 Yunnan lawyers drawing attention to the poor conditions in several detention houses in Kunming for defense counsel to meet with clients.

Other posts call attention to cases or categories of cases that might otherwise escape public attention, such as Chen Yichao, a Gansu company executive accused of corruption, and tried in recent days, whose assets were seized by the authorities and transferred to the personal accounts of the procuratorate and Party disciplinary officials investigating his case (in violation of relevant regulations) (and an analogous case from Anhui) as well as an article from a court website questioning the punishment of petitioners for extorting the government, and a judgment by the Jiangsu Higher People’s Court in re-trial proceedings overturning the conviction of a petitioner for extortion.  Another post that must be read is this one, about (former) officials from the justice system who have been tortured.

Another recent post lists embezzlement cases decided since Criminal Law Amendment (9) became effective, with the court, amount embezzled, and sentence.

For the many persons inside and outside of China who are trying to understand China’s anti-corruption system, these public accounts provide valuable information on what happens as cases go from Party disciplinary investigation to the procuratorate to court, and the arguments defense lawyers are making on behalf of their clients,including the exclusion of evidence obtained by torture.

 

Profiling Judge Merrick Garland on Wechat

urlI recently published a profile of Judge Merrick Garland, President Obama’s nominee for the Supreme Court, on a Wechat public account.  The English version is linked here  (so far about 7600 page views) and the Chinese version is linked here (about 5500 page views).  Many thanks to: the holder of the public account, for inviting me to write the article and commenting insightfully on an initial draft; four of my students at the School of Transnational Law of Peking University, who translated the English article into Chinese, and several others, in China and elsewhere, who provided comments; and one of Judge Garland’s classmates, who generously shared an anecdote about him.