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Legal Daily: Interference in Judicial Cases Must Be Checked Early

Beijing-based Legal Daily published a commentary this Tuesday, November 17, on recent developments in overseeing interference in judicial systems. According to a press release that the Commission for Political and Legal Affairs (CPLA) of the Chinese Communist Party Central Committee issued in early November, five officials and judicial personnel have been removed from their posts or given sanctions. 

This was the first time that the new regulations have been enforced since March 2015, when the Central Committee General Office and the General Office of the State Council published the "Provisions on Recording, Reporting, and Pursuing the Responsibility of Leading Cadres for Interfering with Judicial Activities or Tampering with the Handling of Specific Cases."

The Legal Daily commentary observed that the five officials publicly named were all from lower levels. The one in Shanghai was just a staff member in the Pudong New District Procuratorate who did not have the power to influence the handling of cases.

Based on past experience, the mentality and behavior of top officials and those who work within the judicial organs have a significant impact on the legal environment. To check such interference early and across lower levels is an important step.

The publication of the Provisions in March, the subsequent implementation plans detailed by the People’s Supreme Court and the Supreme People’s Procuratorate, and the recent naming of officials by the CPLA have sent a clear message to society that prohibiting interference in the handling of legal cases is being put into practice.

Of course, we must also realize that to establish the system to prevent tampering with any specific cases takes strict enforcement over time. Fundamentally it is to restrain power, leading toward the public and society being able to exert comprehensive supervision.

Source: Legal Daily, November 17, 2015
http://epaper.legaldaily.com.cn/fzrb/content/20151117/Articel07004GN.htm

Briefings | | |   Government/Politics

CCTV’s Live Coverage of Meeting Between Xi Jinping and Ma Ying-jeou Draws Criticism

Voice of America (VOA) reported that CCTV, China’s state television, drew criticism from Chinese viewers for its coverage, or the lack thereof, of the November 7 meeting in Singapore between the leaders of Beijing and Taipei. 

In a slightly delayed live broadcast, CCTV edited out Xi Jingping’s addressing Ma as, "Respected Mr. Ma Ying-jeou" at the beginning of his remarks. Also, at the end of Xi’s speech, Ma’s name was again dropped, and Xi’s "Thank you, Mr. Ma!" was turned into, "Thank you!"  
CCTV then returned to its studio when it was Ma Ying-jeou’s turn to address the press. Two hours later, portions of Ma’s speech were broadcast to mainland viewers. 

One Chinese viewer commented on the Internet that the state TV’s failure to broadcast Ma’s speech live "shows that the [Beijing] government lacks confidence." 

 Some believe Ma’s speech was skipped during the live broadcast because propaganda agencies needed time to review his text. 

Taiwan-based Liberty Times Net reported that, before the November 7 meeting, CCTV blurred out the suit lapel of President Ma Ying-jeou during a news report because Ma was wearing a suit lapel pin in the form of a Taiwanese flag. 

Liberty Times Net noted that, after the meeting, when Ma Ying-jeou was holding a press conference after his closed-door session with Xi Jinping, CCTV did not mask out the word "President" on the plaque. On the evening of November 7, CCTV clearly displayed the flag of the Republic of China in its footage showing Ma Ying-jeou giving a speech at his presidential complex. 

Sources: Voice of America, November 8, 2015 
http://www.voachinese.com/content/cctv-xi-ma-20151107/3048659.html 
Liberty Times Net, November 7, 2015 
http://news.ltn.com.tw/news/politics/breakingnews/1501167
Briefings | | |   Government/Politics

Caixin: U.K.’s Bilateral Relationship with China Versus the U.S.’s Global Approach

Caixin, China’s leading provider of business and financial news and information, published an analysis of China’s relations with Britain as compared to its relations with the United States. In the analysis, Caixin‘s reporter, Zhang Yuanan, who is based in Washington D.C., observed the different moods across the Atlantic surrounding Chinese leader Xi Jinping’s recent visits to the U.S. and then to Britain. 

In terms of the achievements of Xi’s state visits, in Washington, both Xi and Obama announced a Fact Sheet. In London, China and the UK published a joint statement. Zhang took note of the ascending significance of fact sheets, joint statements, and joint communiques in China’s top leaders’ interactions with foreign heads of state. 
At a time when Sino-British relations are entering a "golden age," Sino-U.S. relations have become more complex. Zhang held the view that Britain’s pragmatism originated from its understanding that Britain is not in a position to be openly challenging or rolling back China’s interests, while the United States is. 
Zhang noted Britain’s track record in being practical in its foreign relations and pointed out the weak foundation of Sino-British relations, due to the lack of shared values. This will be especially so if China’s economy is losing steam, while the euro zone’s recovery picks up speed and the U.S. continues to boom, which would reduce Britain’s reliance on investments from China. The coming five or so years will provide enough time for Britain’s current administration to benefit from its warm relations with Beijing. 
The relationship between Britain and China is primarily bilateral in nature. That Britain handles the relationship differently from the United States is not out of any fundamental difference in values, ideals, or interests between the two English-speaking countries. Zhang did not think that London’s more practical China policy, since it is not a core issue, would drive a wedge between Britain and its relations with the United States. 
In contrast, the United States, as a world power, hinges its relationship with China on cooperation across regional, multilateral, and global issues. In other words, when the world becomes more chaotic, there is more room for Sino-US cooperation, which serves to offset any bilateral friction. 
Source: Caixin, October 29, 2015
 http://opinion.caixin.com/2015-10-29/100867877.html
Briefings | | |   US-China Relations

The Real China and the Rule of Law

[Editor:The following is a speech that Yongfeng Peng gave on October 1, 2015, at a presentation titled, “The Future of Human Rights in China.” Peng is a lawyer who practiced in China before coming to the United States. He currently works for the Human Rights Law Foundation in Washington, D.C.]

Continue reading →

Perspectives | | |   Opinion

Top Military Official: China Will Not Resort to Force Recklessly Even on Issues Involving Territory

Sina.com, a major Chinese web portal, carried a Global Times report that Fan Changlong, vice chairman of China’s Central Military Commission, stated that China has always advocated handling disputes through peaceful means and will not use force recklessly, even when it comes to issues related to territory and sovereignty. 

Fan made the statement while addressing the sixth Xiangshan Forum in Beijing last Saturday morning. He said that China always insists on resolving disputes through friendly negotiations with parties directly involved and will try its best to avoid unexpected conflicts. 
Fan said China has settled land and border issues with a majority of neighboring countries through consultation. Regarding growing concerns over the construction on coral islands in the South China Sea, Fan anticipated that the construction, mostly for civilian purposes, would improve marine navigation and provide public services. 
Source: Global Times, October 17, 2015 
http://news.sina.com.cn/c/nd/2015-10-17/doc-ifxiwazu5555260.shtml
Briefings | | |   Defense/Military

Caixin: Investigation into Fujian Governor Linked to Audit of Sinopec

Caixin, a provider of financial and business news and information, based in Beijing, reported that an inquiry into Su Shulin, the governor of Fujian Province, was linked to corruption allegations made during an audit of Sinopec, a state-owned oil company. 

The Central Commission for Discipline Inspection (CCDI), the Communist Party’s anti-graft agency, said on October 7 that it is probing Su Shulin, 53, for serious violations of discipline, a euphemism for corruption.  
Su was the first governor placed under investigation after the 18th National Congress of the Chinese Communist Party. He was the fifth official removed from office who had served as the General Manager in China’s top two state-owned oil companies, Sinopec and China National Petroleum Corporation (CNPC). 
The government is looking into US$10 billion worth of offshore oil investments that Sinopec made in Angola. Those investments have yielded little oil or revenue. It is not known whether Su’s problems are linked to the losses from those deals. 
One person who was briefed about the inquiry into Su said the CCDI investigators questioned Su after authorities announced, in July 2014, that they were investigating former security tsar Zhou Yongkang over corruption allegations. 
Zhou is serving a life sentence for taking bribes, abuse of power and leaking state secrets. He spent more than three decades in the oil and gas industry, rising to general manager of CNPC. Zhou became a member of the Party’s powerful Politburo Standing Committee in 2007, overseeing the country’s domestic security apparatus. 
Several of Zhou’s former aides or associates, including Jiang Jiemin, former head of the CNPC, have gotten in trouble for graft since President Xi Jinping launched a major anti-corruption drive late in 2012. 
Source: Caixin, October 9, 2015 
http://companies.caixin.com/2015-10-08/100860639.html http://english.caixin.com/2015-10-09/100861184.html
Briefings | | |   Government/Politics

Caixin: Protection of China’s Lawyers Needs to Be Put into Practice

Hu Shuli, editor-in-chief of Caixin, a Beijing-based premier provider of financial and business news and information, published an editorial at the end of September calling for the authorities to do a better job of protecting China’s lawyers. 

The editorial detailed the authorities’ several recent moves to tackle the issue that lawyers in the country are being marginalized. Xi Jinping headed a group that was formed to deepen the reform efforts. On September 15, the group finished a document addressing the plight of lawyers. A day later, top judicial authorities, including the Supreme People’s Court and several ministries that handle legal affairs, issued a regulation that details measures to safeguard the rights of attorneys. 
The editorial acknowledged that, "Lawyers have little power when dealing with government-backed courts and prosecutors. Fully protecting the rights of lawyers remains a complex issue, given that the judicial system is part of the establishment"  
The editorial also stressed that China needs long-term stability and order, conditions that will not come about without the help of lawyers. The editorial concluded, "The authorities have shown they want to address the many problems that lawyers face when doing their jobs. We may see some progress. However, they should also realize that they need to act now and fast to provide the public with the legal protection it deserves. A good place to start is by letting lawyers do their jobs." 
Source: Caixin, September 28, 2015 
http://opinion.caixin.com/2015-09-28/100857799.html
Briefings | | |   Government/Politics

Caixin: China Lowers Down Payment Requirement to Prop up Sagging Property Sector

The People’s Bank of China, China’s central bank, and the China Banking Regulatory Commission, its banking regulator, said they would lower the minimum down payment requirement for first-time home buyers to 25 percent, from the previous 30 percent, in cities that do not have restrictions on purchases. 

This drop in the down payment requirement applies to major cities other than Beijing, Shanghai, Guangzhou, Shenzhen, and Sanya. 
Yan Yuejin, a housing industry analyst with the Yiju Research Institute, explained that, for the past several decades when Chinese residents have been allowed to purchase residential housing, this 25 percent down payment requirement is quite rare. 
Yan reasoned that the timing of this policy announcement was meant to stimulate housing sales during the extended China’s national day holiday season that started on October 1. He held the view that the fourth quarter would be good window for home purchase now that the down payment level has come down. 
Another analyst, however, Zhang Hongwei, of Tongce Consultancy, did not expect the need for a housing stimulus to go away any time soon, given the downward pressure on China’s economy. 
 Source: Caixin, October 1, 2015 
http://companies.caixin.com/2015-10-01/100860161.html
Briefings | | |   Economy/Resources