Brown, Corker, Barrasso, and LeMieux; and Representatives Levin,
Kaptur, Honda, Walz, Wu, Smith, Manzullo, Royce, and Pitts.
Not voting: Senator Brownback.
Notes to Section I--Political Prisoner Database
\1\ The Commission treats as a political prisoner an individual
detained or imprisoned for exercising his or her human rights under
international law, such as peaceful assembly, freedom of religion,
freedom of association and free expression, including the freedom to
advocate peaceful social or political change and to criticize
government policy or government officials. (This list is illustrative,
not exhaustive.) In most cases, prisoners listed in the Political
Prisoner Database were detained or imprisoned for attempting to
exercise rights guaranteed to them by China's Constitution and law, by
international law, or both. Chinese security, prosecution, and judicial
officials sometimes seek to distract attention from the political or
religious nature of imprisonment by convicting a de facto political or
religious prisoner under the pretext of having committed a generic
crime. In such cases defendants typically deny guilt but officials may
attempt to coerce confessions using torture and other forms of abuse,
and standards of evidence are poor. If authorities permit a defendant
to entrust someone to provide him or her legal counsel and defense, as
China's Criminal Procedure Law guarantees in Article 32, officials may
deny the counsel adequate access to the defendant, restrict or deny the
counsel's access to evidence, and not provide the counsel adequate time
to prepare a defense.
Notes to Section II--Freedom of Expression
\1\ See, e.g., PRC Criminal Law, enacted 1 July 79, amended 14
March 97, effective 1 October 97, amended 25 December 99, 31 August 01,
29 December 01, 28 December 02, 28 February 05, 29 June 06, 28 February
09, art. 105; Provisions on the Administration of Internet News
Information Services [Hulianwang xinwen xinxi fuwu guanli guiding],
issued and effective 25 September 05, art. 19(6); PRC Measures for
Overseeing the Import and Export of Printed Materials and Audio-Visual
Materials Through Customs [Zhonghua renmin gongheguo haiguan jinchu
jing yinshuapin ji yinxiang zhipin jianguan banfa], issued 18 April 07,
effective 1 June 07, art. 4(4).
\2\ CECC, 2009 Annual Report, 10 October 09, 48.
\3\ Michael Wines, ``Dissident Chinese Writer Appeals Sentence,''
New York Times (Online), 4 January 10; Political Prisoners in China:
Trends and Implications for U.S. Policy, Hearing of the Congressional-
Executive Commission on China, 3 August 10, Written Statement Submitted
by Joshua Rosenzweig, Senior Manager, Research and Hong Kong
Operations, The Dui Hua Foundation.
\4\ CECC, 2009 Annual Report, 10 October 09, 47-48.
\5\ Ng Tze-wei, `` `End Hukou System' Call Earns Rebuke,'' South
China Morning Post (Online), 6 March 10; For CECC analysis, see ``Joint
Editorial Calling for Hukou Reform Removed From Internet Hours After
Publication, Co-Author Fired,'' CECC China Human Rights and Rule of Law
Update, No. 4, 21 April 10, 1-2.
\6\ Regulations on the Administration of Publishing [Chuban guanli
tiaoli], issued 25 December 01, effective 1 February 02, art. 15.
\7\ Measures for the Administration of Internet Information
Services [Hulianwang xinxi fuwu guanli banfa], issued 20 September 00,
effective 25 September 00, art. 4; Registration Administration Measures
for Non-Commercial Internet Information Services [Fei jingyingxing
hulianwang xinxi fuwu bei'an guanli banfa], issued 8 February 05,
effective 20 March 05, art. 5.
\8\ Measures for Administration of News Reporter Cards [Xinwen
jizhe zheng guanli banfa], issued 24 August 09, effective 15 October
09, arts. 11, 12, 16.
\9\ PRC Constitution, adopted 4 December 82, amended 12 April 88,
29 March 93, 15 March 99, 14 March 04, art. 35. Article 41 also
provides the right to criticize officials free from retaliation. PRC
Constitution, art. 41.
\10\ For example, the State Council Information Office released a
white paper on the Internet in June 2010 which stated that the
government ``guarantees the citizens' freedom of speech on the
Internet.'' State Council Information Office, White Paper on the State
of the Internet in China [Zhongguo hulianwang zhuangkuang], 8 June 10.
\11\ International Covenant on Civil and Political Rights, adopted
by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry
into force 23 March 76, art. 19; Universal Declaration of Human Rights,
adopted and proclaimed by UN General Assembly resolution 217A (III) of
10 December 48, arts. 19, 29. The UN Special Rapporteur on the
Promotion and Protection of the Right to Freedom of Opinion and
Expression has also used this three-factor test to describe the
standard for determining when a restriction is permissible under
Article 19, paragraph 3 of the ICCPR. UN GAOR, Hum. Rts. Coun., 14th
Sess., Report of the Special Rapporteur on the Promotion and Protection
of the Right to Freedom of Opinion and Expression, A/HRC/14/23, 20
April 10, para. 74. China signed the ICCPR in 1998. The Chinese
government has committed to ratifying the ICCPR and says it is taking
concrete steps to prepare for ratification. In November 2009, a Joint
Statement of the 12th EU-China Summit said, ``The EU welcomed China's
commitment to ratifying the [ICCPR] as soon as possible.'' Joint
Statement of the 12th EU-China Summit, reprinted in China Internet
Information Center (Online), 30 November 09. In October 2009,
Ambassador Liu Zhenmin, China's Deputy Permanent Representative to the
United Nations, said, ``At present, legislative, judicial and
administrative reforms are under way in China with a view to aligning
our domestic legislation with the provisions of the [ICCPR] and paving
the way for its ratification.'' Permanent Mission of the People's
Republic of China to the UN (Online), ``Statement by H.E. Ambassador
Liu Zhenmin, Deputy Permanent Representative of China to the United
Nations, at the Third Committee of the 64th Session of the General
Assembly on the Implementation of Human Rights Instruments (Item
69A),'' 20 October 09. In its 2009-2010 National Human Rights Action
Plan issued in April 2009, the Chinese government stated that the ICCPR
was one of the ``fundamental principles'' on which the plan was framed,
and that the government ``will continue legislative, judicial and
administrative reforms to make domestic laws better linked with this
Covenant, and prepare the ground for approval of the ICCPR.'' State
Council Information Office, National Human Rights Action Plan of China
(2009-2010), Xinhua (Online), 13 April 09, introduction, sec. V(1). In
February 2009, during the UN Human Rights Council's Universal Periodic
Review of the Chinese government's human rights record, the Chinese
government supported recommendations made by Member States that China
ratify the ICCPR. Chinese officials said China was in the process of
amending domestic laws, including the criminal procedure law and laws
relating to reeducation through labor, to make them compatible with the
ICCPR. UN GAOR, Hum. Rts. Coun., 11th Sess., Report of the Working
Group on the Universal Periodic Review--China, A/HRC/11/25, 3 March 09,
paras. 63, 114(1).
\12\ In October 2009, the UN Human Rights Council adopted a
resolution that identified a number of restrictions that are
inconsistent with the freedom of expression provision in the
International Covenant on Civil and Political Rights (i.e., Article
19), including restrictions on ``[d]iscussion of government policies
and political debate,'' ``reporting on human rights,'' and ``expression
of opinion and dissent.'' UN GAOR, Hum. Rts. Coun., 12th Sess.,
Promotion and Protection of All Human Rights, Civil, Political,
Economic, Social and Cultural Rights, Including the Right to
Development, adopted by Human Rights Council resolution 12/16, A/HRC/
RES/12/16, 12 October 09, para. 5(p)(i).
\13\ See, e.g., Zhang Lei, ``Publish and Be Deleted,'' Global Times
(Online), 25 February 10.
\14\ International experts on freedom of expression have declared
licensing schemes for print media unnecessary and subject to abuse and
have found press accreditation appropriate only where necessary to
provide access to certain places and events. UN Press Release, UN
Special Rapporteur on Freedom of Opinion and Expression, the
Organization for Security and Cooperation in Europe Representative on
Freedom of the Media, and the Organization of American States Special
Rapporteur on Freedom of Expression, ``International Experts Condemn
Curbs on Freedom of Expression and Control Over Media and
Journalists,'' 18 December 03.
\15\ Zhang Lei, ``Publish and Be Deleted,'' Global Times (Online),
25 February 10.
\16\ Committee to Protect Journalists (Online), ``Falling Short:
Olympic Promises Go Unfulfilled as China Falters on Press Freedom,''
2008, 36.
\17\ PRC Criminal Law, enacted 1 July 79, amended 14 March 97,
effective 1 October 97, amended 25 December 99, 31 August 01, 29
December 01, 28 December 02, 28 February 05, 29 June 06, 28 February
09, art. 105.
\18\ See, e.g., a Beijing court's December 2009 decision in the Liu
Xiaobo case in which the court provided no evidence that Liu advocated
violence in his works. Human Rights in China (Online), ``Case Update:
International Community Speaks Out on Liu Xiaobo Verdict,'' 30 December
09. For CECC analysis, see ``Liu Xiaobo Appeals Sentence; Official
Abuses Mar Case From Outset,'' CECC China Human Rights and Rule of Law
Update, No. 2, 5 February 10, 2.
\19\ ``Lawyer Shang Baojun Speaks About Liu Xiaobo's Appeal''
[Shang baojun lushi tan liu xiaobo shangshu], Radio France
Internationale (Online), 5 January 10; Maggie Chen, ``Freedom of Speech
Defence Bound To Fail,'' South China Morning Post (Online), 7 June 10.
\20\ Maggie Chen, ``Freedom of Speech Defence Bound To Fail,''
South China Morning Post (Online), 7 June 10.
\21\ Michael Wines, ``Dissident Chinese Writer Appeals Sentence,''
New York Times (Online), 4 January 10; Political Prisoners in China:
Trends and Implications for U.S. Policy, Hearing of the Congressional-
Executive Commission on China, 3 August 10, Written Statement Submitted
by Joshua Rosenzweig, Senior Manager, Research and Hong Kong
Operations, The Dui Hua Foundation.
\22\ ``Chengdu Intermediate People's Court Criminal Judgment,''
Canyu (Online), 9 February 10. For CECC analysis, see ``Chengdu Court
Sentences Tan Zuoren to Five Years and Upholds Huang Qi's Sentence,''
CECC China Human Rights and Rule of Law Update, No. 3, 16 March 10, 1.
\23\ Ibid.
\24\ Bao Daozu, ``Activist on Trial for Subversion,'' China Daily
(Online), 13 August 09.
\25\ ``Suqian Intermediate People's Court of Jiangsu Province
Criminal Verdict [in case of Guo Quan],'' Dui Hua Foundation (Online),
16 October 09. For CECC analysis, see ``Jiangsu Court Affirms 10-Year
Sentence of Guo Quan for Organizing Political Party Online,'' CECC
China Human Rights and Rule of Law Update, No. 2, 5 February 10, 2.
\26\ Human Rights in China (Online), ``Case Update: International
Community Speaks Out on Liu Xiaobo Verdict--Beijing Municipal No. 1
Intermediate People's Court Criminal Verdict,'' 30 December 09. For
CECC analysis, see ``Beijing High People's Court Affirms Liu Xiaobo's
11-Year Sentence,'' CECC China Human Rights and Rule of Law Update, No.
3, 16 March 10, 3.
\27\ Human Rights in China (Online), ``Case Update: International
Community Speaks Out on Liu Xiaobo Verdict--Beijing Municipal No. 1
Intermediate People's Court Criminal Verdict,'' 30 December 09. For
CECC analysis, see ``Beijing Court Sentences Liu Xiaobo to 11 Years,''
CECC China Human Rights and Rule of Law Update, No. 1, 8 January 10, 1.
\28\ For a complete English translation of each of these essays,
see Human Rights in China, ``Freedom of Expression on Trial in China,''
China Rights Forum No. 1, 2010, 17-67. For a CECC analysis and summary
of the essays, see ``Prosecutors Indict Liu Xiaobo; Trial To Take Place
December 23,'' CECC China Human Rights and Rule of Law Update, No. 1, 8
January 10, 1.
\29\ Human Rights in China (Online), ``Case Update: International
Community Speaks Out on Liu Xiaobo Verdict--Beijing Municipal No. 1
Intermediate People's Court Criminal Verdict,'' 30 December 09.
\30\ ``China Extends Detention of Leading Dissident,'' Agence
France-Presse (Online), 9 June 09.
\31\ Chinese Human Rights Defenders (Online), ``Liu Xiaobo
Sentenced to 11 Years in Prison,'' 25 December 09.
\32\ ``Final Decision on Liu Xiaobo's Appeal of Inciting Subversion
Case'' [Liu xiaobo shexian shandong dianfu guojia zhengquan shangshu yi
an zhongshen caiding shu], Boxun (Online), 9 February 10.
\33\ Human Rights in China (Online), ``Shanghai Petitioner To Serve
18 Months of Reeducation-Through-Labor After Shouting Slogans,'' 9
March 10.
\34\ See, e.g., Alexa Olesen, ``China Sentences Uighur Writer to 15
Years in Jail,'' Associated Press, reprinted in Washington Post
(Online), 23 July 10; ``Uyghur Journalist Gets 15 Years,'' Radio Free
Asia (Online), 22 July 10. For information on the charge against him,
see ``Many Scholars Make Appeal: Release Xinjiang Reporter, Respect
Freedom of Speech'' [Zhong xuezhe huyu: shifang xinjiang jizhe zunzhong
yanlun ziyou], Chinese Human Rights Defenders, reprinted in Boxun
(Online), 30 July 10.
\35\ James T. Areddy, ``Geologist Sought Oil-Industry Data,'' Wall
Street Journal (Online), 6 July 10.
\36\ Ibid.
\37\ Dui Hua Foundation (Online), ``China Sentences American
Geologist on State Secrets Charge,'' 4 July 10; Charles Hutzler, ``Xue
Feng, American Geologist, Held and Mistreated by China,'' Associated
Press, reprinted in Huffington Post (Online), 19 November 09.
\38\ Jerome A. Cohen, ``Justice Denied,'' South China Morning Post
(Online), 21 July 10.
\39\ ``Quake Critic Arrested,'' Radio Free Asia (Online), 4 June
10.
\40\ Ibid.; International Campaign for Tibet (Online), ``A `Raging
Storm': The Crackdown on Tibetan Writers and Artists After Tibet's
Spring 2008 Protests,'' 18 May 10.
\41\ Chinese Human Rights Defenders (Online), ``Three Fujian
Digital Activists Convicted as Thousands Gather in Landmark Protest,''
16 April 10; ``Criminal Judgment [of Fujian Province Fuzhou City Mawei
District People's Court]'' [Xingshi panjue shu], reprinted in Chinese
Human Rights Defenders (Online), 16 April 10, 25-26.
\42\ ``Criminal Judgment [of Fujian Province Fuzhou City Mawei
District People's Court]'' [Xingshi panjue shu], reprinted in Chinese
Human Rights Defenders (Online), 16 April 10, 25-26.
\43\ China Human Rights Lawyers Concern Group (Online), ``Fujian
Lawyer Lin Hongnan and His Law Firm Punished--Retaliation for Taking Up
the `Three Fuzhou Netizens' Case'' [Fujian lin hongnan lushi yu lushi
shiwusuo jieban ``san wangmin'' an zao baofu], 3 May 10.
\44\ CECC, 2009 Annual Report, 10 October 09, 50.
\45\ Sharon LaFraniere, ``School Construction Critic Gets Prison
Term in China,'' New York Times (Online), 23 November 09. For CECC
analysis, see ``Authorities Sentence Rights Activist Huang Qi to Three
Years in Prison,'' CECC China Human Rights and Rule of Law Update, No.
1, 8 January 10, 2.
\46\ Keith Richburg, ``China Sentences Quake Activist to 3 Years in
Prison,'' Washington Post (Online), 23 November 09.
\47\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. II(5).
\48\ Regulations of the People's Republic of China on Open
Government Information [Zhonghua renmin gongheguo zhengfu xinxi gongkai
tiaoli], issued 5 April 07, effective 1 May 08, arts. 9, 13.
\49\ Article 8 of the previous state secrets law defines state
secrets as, among other things, secrets relating to ``major policy
decisions on state affairs'' (clause 1), ``national economic and social
development'' (clause 4), ``science and technology'' (clause 5), as
well as ``other matters that are classified as state secrets by the
state secret-guarding department'' (clause 7). PRC Law on Guarding
State Secrets, issued 5 September 88, effective 1 May 89, art. 8. Minzu
University Professor Xiong Wenzhao has said that, under clause 7 of
Article 8, ``all information can be brought within the scope of a
secret to be guarded.'' ``Guarding State Secrets Law Implemented for 20
Years, Scholars Suggest the Procedures for Determining a Secret Be Made
Clear'' [Baoshou guojia mimi fa shishi 20 nian, xuezhe jianyi mingxi
dingmi chengxu], China Ningbo Net (Online), 20 April 09. A June 2009
China Daily editorial said: ``In theory, government institutions,
should they choose to do so, have the authority to label everything as
State secrets.'' ``Redefine State Secrets,'' China Daily (Online), 23
June 09. See also, Dui Hua Human Rights Journal (Online), ``Lawyer's
Request for RTL Information Disclosure Rebuffed by Chinese Ministry of
Justice,'' 18 June 09.
\50\ CECC, 2009 Annual Report, 10 October 09, 66.
\51\ PRC Law on the Protection of State Secrets, issued 29 April
10, effective 1 October 10. For CECC analysis, see ``National People's
Congress Standing Committee Issues Revised State Secrets Law,'' CECC
China Human Rights and Rule of Law Update, No. 5, 4 June 10, 2.
\52\ PRC Law on the Protection of State Secrets, issued 29 April
10, effective 1 October 10, art. 9.
\53\ Ibid., arts. 15, 19.
\54\ See, e.g., CECC, 2007 Annual Report, 10 October 07, 81.
\55\ State Council Information Office, White Paper on the State of
the Internet in China [Zhongguo hulianwang zhuangkuang], 8 June 10.
\56\ China Internet Network Information Center (Online), ``26th
Statistical Report on Internet Development in China'' [Di 26 ci
zhongguo hulianwangluo fazhan zhuangkuang diaocha tongji baogao], 15
July 10, 10.
\57\ State Council Information Office, White Paper on the State of
the Internet in China [Zhongguo hulianwang zhuangkuang], 8 June 10.
\58\ Ibid.
\59\ Ariana Lindquist, ``In China, Labor Movement Enabled by
Technology,'' New York Times (Online), 17 June 10.
\60\ Wang Chen, ``Regarding Our Nation's Internet Development and
Supervision'' [Guanyu wo guo hulianwang fazhan he guanli], National
People's Congress (Online), 29 April 10.
\61\ Ibid.
\62\ Cao Minjie, ``Four Major Microblog Sites `Fall Back' to
Testing Mode'' [Si da menhu weibo ``tuihua'' cheng ceshi ban], Oriental
Morning Post (Online), 15 July 10; Jonathan Ansfield, ``China Tests New
Controls on Twitter-Style Services,'' New York Times (Online), 16 July
10; Cara Anna, ``Dozens of Outspoken, Popular Blogs Shut in China,''
Associated Press, reprinted in Washington Post (Online), 15 July 10;
Priscilla Jiao, ``Bloggers Attract Censors' Sights as Internet
Crackdown Continues,'' South China Morning Post (Online), 17 July 10.
For CECC analysis, see ``Government Appears To Crack Down on Microblogs
and Blogs,'' CECC China Human Rights and Rule of Law Update, No. 7, 19
August 10, 4.
\63\ Jonathan Ansfield, ``China Starts New Bureau To Curb Web,''
New York Times (Online), 16 April 10.
\64\ Michael Wines, Sharon LaFraniere, and Jonathan Ansfield,
``China's Censors Tackle and Trip Over the Internet,'' New York Times
(Online), 7 April 10.
\65\ Wang Chen, ``Regarding Our Nation's Internet Development and
Supervision'' [Guanyu wo guo hulianwang fazhan he guanli], National
People's Congress (Online), 29 April 10.
\66\ Meng Jianzhu, ``Endeavor To Strengthen the Construction of the
Five Capabilities, Comprehensively Raise the Standard for Safeguarding
Stability'' [Zhuoli qianghua wu ge nengli jianshe quanmian tisheng
weihu wending shuiping], Seeking Truth (Online), 1 December 09. For
CECC analysis, see ``Top Chinese Security Officials Urge Continued
Crackdown in 2010,'' CECC China Human Rights and Rule of Law Update,
No. 3, 16 March 10, 3.
\67\ See, e.g., ``China Purges Porn Works on Internet,'' Xinhua,
reprinted in China Daily (Online), 27 October 09.
\68\ Barbara Demick, ``China Has Many `Dirty Words,' '' Los Angeles
Times (Online), 21 April 10; Loretta Chao and Jason Dean, ``China's
Censors Thrive in Obscurity,'' Wall Street Journal (Online), 31 March
10.
\69\ Zhang Lei, ``Publish and Be Deleted,'' Global Times (Online),
25 February 10.
\70\ OpenNet Initiative (Online), ``Internet Filtering in China,''
15 June 09, 17.
\71\ `` `Nanfang Chuang' Web Site Suddenly Suspends Operations''
[``Nanfang chuang'' wangzhan turan tingzhi yunzuo], Radio Free Asia
(Online), 26 October 09.
\72\ ``Chinese Censors Block Obama's Call To Free the Web,''
Associated Press (Online), 16 November 09.
\73\ Michael Bristow, ``Chinese Paper Prints `Tiananmen Cartoon,'
'' BBC (Online) 3 June 10.
\74\ ``China Blocks `Berlin Wall' Twitter Page: Organisers,''
Agence France-Presse (Online), 29 October 09.
\75\ ``China's Instructions on Reporting on Google,'' Washington
Post (Online), 25 March 10.
\76\ Michael Wines, Sharon LaFraniere, and Jonathan Ansfield,
``China's Censors Tackle and Trip Over the Internet,'' New York Times
(Online), 7 April 10.
\77\ ``Xinjiang Online, Controls Remain,'' Radio Free Asia
(Online), 19 May 10. For CECC analysis, see ``Internet Available in
Xinjiang, But Controls Over Information Remain,'' CECC China Human
Rights and Rule of Law Update, No. 7, 19 August 10, 4.
\78\ OpenNet Initiative (Online), ``Internet Filtering in China,''
15 June 09, 5; Michael Wines, Sharon LaFraniere, and Jonathan Ansfield,
``China's Censors Tackle and Trip Over the Internet,'' New York Times
(Online), 7 April 10.
\79\ Farah Master, ``China's Web `Firewall' Should Be WTO Issue:
EU's Kroes,'' Reuters (Online), 17 May 10.
\80\ Michael Wines, Sharon LaFraniere, and Jonathan Ansfield,
``China's Censors Tackle and Trip Over the Internet,'' New York Times
(Online), 7 April 10.
\81\ Measures for the Administration of Internet Information
Services [Hulianwang xinxi fuwu guanli banfa], issued 20 September 00,
effective 25 September 00, art. 15.
\82\ Zhang Lei, ``Publish and Be Deleted,'' Global Times (Online),
25 February 10.
\83\ Provisions on the Administration of Internet News Information
Services [Hulianwang xinwen xinxi fuwu guanli guiding], issued 25
September 05, effective 25 September 05, arts. 19-21.
\84\ Li Xinzhu and Cui Xiaohuo, ``Text Message Service Cut Off for
`Bad' Words,'' China Daily (Online), 19 January 10.
\85\ Regulations on the Supervision of Television Drama Content
[Dianshi ju neirong guanli guiding], issued 19 May 10, effective 1 July
10, art. 5. Article 5 provides for the common litany of prohibited
content found in other media regulations, including content that
``harms national unity,'' ``harms the honor or interests of the
nation,'' and ``disrupts national policies on religion,'' among other
things.
\86\ Zhang Lei, ``Publish and Be Deleted,'' Global Times (Online),
25 February 10.
\87\ Ibid.
\88\ Ibid.
\89\ Ibid.
\90\ PRC Law on the Protection of State Secrets, issued 29 April
10, effective 1 October 10. For CECC analysis, see ``National People's
Congress Standing Committee Issues Revised State Secrets Law,'' CECC
China Human Rights and Rule of Law Update, No. 5, 4 June 10, 2.
\91\ PRC Law on the Protection of State Secrets, issued 29 April
10, effective 1 October 10, art. 9.
\92\ Ibid., art. 28. For CECC analysis, see ``National People's
Congress Standing Committee Issues Revised State Secrets Law,'' CECC
China Human Rights and Rule of Law Update, No. 5, 4 June 10, 2.
\93\ Jonathan Ansfield, ``China Passes Tighter Information Law,''
New York Times (Online), 29 April 10.
\94\ PRC Law on the Protection of State Secrets, issued 29 April
10, effective 1 October 10, art. 50.
\95\ PRC Tort Liability Law, enacted 26 December 09, effective 1
July 10.
\96\ Wang Jun, ``What Are the Implications of the `Special Internet
Provision'/ '' [``Hulianwang zhuantiao'' yiweizhe shenme?], Internet
Communication Magazine, reprinted in People's Daily (Online), 2 April
10.
\97\ Ibid.
\98\ David Drummond, ``A New Approach to China,'' Google Blog
(Online), 12 January 10.
\99\ Google and Internet Control in China: A Nexus Between Human
Rights and Trade? Hearing of Congressional-Executive Commission on
China, 24 March 10, Testimony of Alan Davidson, Director of U.S. Public
Policy, Americas, Google, Inc.
\100\ Laura Farrar, ``Google-China Move Hurts Businesses,
Academics,'' CNN (Online), 23 March 10; John Pomfret, ``For Chinese
People, Loss of Google Would Mean `Nothing But Darkness,' '' Washington
Post (Online), 19 March 10.
\101\ Jane Qiu, ``A Land Without Google/ '' Nature (Online), 24
February 10.
\102\ David Drummond, ``A New Approach to China: an Update,''
Google Blog (Online), 22 March 10; David Drummond, ``An Update on
China,'' Google Blog (Online), 28 June 10.
\103\ Measures for the Administration of Internet Information
Services [Hulianwang xinxi fuwu guanli banfa], issued 20 September 00,
effective 25 September 00, art. 4 ; Registration Administration
Measures for Non-Commercial Internet Information Services [Fei
jingyingxing hulianwang xinxi fuwu bei'an guanli banfa], issued 28
January 05, effective 20 March 05, art. 5; Provisions on the
Administration of Internet News Information Services [Hulianwang xinwen
xinxi fuwu guanli guiding], issued 25 September 05, effective 25
September 05, arts. 5, 11, 12; Provisions on the Administration of
Internet Video and Audio Programming Services [Hulianwang shiting jiemu
fuwu guanli guiding], issued 20 December 07, effective 31 January 08,
art. 7.
\104\ China Internet Network Information Center (Online),
``Announcement on Further Strengthening the Examination of Domain Name
Registration Information'' [Guanyu jinyibu jiaqiang yuming zhuce xinxi
shenhe gongzuo de gonggao], 11 December 09.
\105\ Xu Shenglan, ``All .cn Websites Require Business License,''
Global Times (Online), 14 December 09; Austin Ramzy, ``China's Domain-
Name Limits: Web Censorship/ '' Time (Online), 18 December 09.
\106\ Owen Fletcher, ``China Further Tightens Rules for Domain Name
Owners,'' IDG News Service, reprinted in PCWorld (Online), 23 February
10; Michael Wines, Sharon LaFraniere, and Jonathan Ansfield, ``China's
Censors Tackle and Trip Over the Internet,'' New York Times (Online), 7
April 10.
\107\ CECC, 2009 Annual Report, 10 October 09, 60.
\108\ Wang Chen, ``Regarding Our Nation's Internet Development and
Supervision'' [Guanyu wo guo hulianwang fazhan he guanli], National
People's Congress (Online), 29 April 10; ``State Council Information
Office for First Time Confirms Promotion of Real Name Online System''
[Guoxinban shouci queren tuidong wangluo shimingzhi], Southern
Metropolitan Daily (Online), 4 May 10.
\109\ Stephen Chen, ``Innocent Websites Suffer in Beijing's Anti-
Porn Push,'' South Chinese Morning Post (Online), 12 February 10;
``Cleaning up Online Environment in Accordance With Law Has Clear
Impact'' [Yifa zhengzhi wangluo huanjing qude mingxian chengxiao],
Xinhua (Online), 10 February 10.
\110\ Zhang Lei, ``Publish and Be Deleted,'' Global Times (Online),
25 February 10.
\111\ Provisions on the Administration of Internet News Information
Services [Hulianwang xinwen xinxi fuwu guanli guiding], issued 25
September 05, effective 25 September 05, arts. 7, 8.
\112\ Zhang Lei, ``Publish and Be Deleted,'' Global Times (Online),
25 February 10.
\113\ CECC, 2008 Annual Report, 31 October 08, 61; Provisions on
the Administration of Internet Video and Audio Programming Services
[Hulianwang shiting jiemu fuwu guanli guiding], issued 20 December 07,
effective 31 January 08, art. 8.
\114\ ``SARFT Intensely Checks Permits for Online Audio and Video,
Three Major BT Web Sites Eliminated From Match'' [Guangdian zongju
yancha hulianwang shiting xuke sanda BT wangzhan xishu luoma], China
Business News, reprinted in People's Daily (Online), 7 December 09.
\115\ Stephen Chen, ``Online Communities Shut Down for Hosting
Porn, `Sensitive' Content,'' South China Morning Post (Online), 8
December 09.
\116\ Circular on Related Questions on Administration of Audio/
Visual Program Transmission Licenses [Shiting jiemu fuwu xukezheng
guanli youguan wenti de tongzhi], issued 15 September 09.
\117\ In late December 2009, Xinjiang officials began to allow
limited browsing on two Web sites, those for the Communist Party's
flagship newspaper People's Daily and the site for the central
government's news agency, Xinhua. Xinjiang Uyghur Autonomous Region
People's Government News Office, Announcement Concerning Progressive
Opening of Related Communications Service [Guanyu zhubu kaifang
xiangguan tongxin yewu de gonggao], 28 December 09, reprinted in Xinhua
Bingtuan Net (Online), 29 December 09. In January 2010, officials
restored domestic text messaging services, but limited messages to 20
per day. Cui Jia, ``SMS Returns to Xinjiang,'' China Daily (Online), 18
January 10. That same month, officials also lifted the ban on
international phone calls. ``China Lifts Ban on International Calls in
Xinjiang,'' Agence France-Presse, 20 January 10 (Open Source Center, 20
January 10).
\118\ Xinjiang News Office, ``Xinjiang Internet Services Completely
Resumed on the 14th'' [Xinjiang hulianwang yewu 14 ri quanmian huifu],
reprinted in Xinhua (Online), 14 May 10.
\119\ ``Police Have Evidence of World Uyghur Congress Masterminding
Xinjiang Riot,'' Xinhua (Online), 6 July 09.
\120\ ``Official: Internet Cut in Xinjiang To Prevent Riot From
Spreading,'' Xinhua (Online), 7 July 09.
\121\ The events of July 5, 2009, began as a protest against
authorities' handling of a reported attack on Uyghur factory workers by
Han factory workers in Guangdong province and against the government's
general policies toward Uyghurs. Organizers reportedly used the
Internet to mobilize support for a peaceful demonstration. Clashes with
police followed, as did attacks between Uyghurs and Han Chinese that
left 197 dead and 1,700 injured, according to official reports. Chinese
officials claimed that Rebiya Kadeer, an exiled Uyghur living in the
United States, had orchestrated the violence through a phone call to
China, a charge she denied. During the July 2009 events, Chinese
officials conflated peaceful attempts to demonstrate with criminal and
violent activity. See, e.g., CECC, 2009 Annual Report, 10 October 09,
249; ``Urumqi Tense, Quiet After Violence,'' Radio Free Asia (Online),
5 July 09; ``More Web Sites Back Online in Xinjiang,'' China Daily
(Online), 8 February 10. For a CECC analysis of July 5 and its
aftermath, see ``Xinjiang Authorities Forcefully Suppress
Demonstration, Restrict Free Flow of Information,'' CECC China Human
Rights and Rule of Law Update, No. 4, 2009, 2.
\122\ Reporters without Borders (Online), ``Survey of Blocked
Uyghur Websites Shows Xinjiang Still Cut Off From the World,'' 29
October 09.
\123\ Li Changchun, ``Speech at the 10th Journalists' Day and
Awards Presentation Public Lecture'' [Zai dishijie zhongguo jizhe jie
ji banjiang baogao hui shang de jianghua], People's Daily (Online), 8
November 09. For CECC analysis, see ``Top Official Emphasizes Party's
Dominance Over Media on Journalists' Day,'' CECC China Human Rights and
Rule of Law Update, No. 6, 9 December 09, 4.
\124\ ``Li Changchun: Solidly Perform Propaganda Reporting Work for
the Yushu Earthquake Disaster Relief'' [Li Changchun: zhashi zuohao
yushu kangzhen jiuzai xuanchuan baodao gongzuo], Xinhua (Online), 18
April 10.
\125\ Chi-Chi Zhang, ``China Launches Global 24-Hour English TV
News,'' Associated Press (Online), 1 July 10.
\126\ Committee to Protect Journalists (Online), ``Falling Short:
Olympic Promises Go Unfulfilled as China Falters on Press Freedom,''
2008, 23-25.
\127\ ``Summary: PRC Propaganda Restricts Media Coverage of Obama's
Interview With Nanfang Zhoumo,'' Open Source Center, 20 November 09.
\128\ ``Next Up on CCTV, Yet More Propaganda,'' South China Morning
Post (Online), 7 January 10.
\129\ ``China's Instructions on Reporting on Google,'' Washington
Post (Online), 25 March 10.
\130\ Ibid.
\131\ Ibid.
\132\ Fiona Tam and Choi Chi-yuk, ``Media Told To Cut Rescue
Coverage,'' South China Morning Post (Online), 10 April 10.
\133\ Reporters without Borders (Online), ``Propaganda Department
Sets Rule for Covering Shanghai Expo and Qinghai Earthquake,'' 29 April
10. For CECC analysis, see ``Communist Party Controls Media Coverage of
Yushu Earthquake,'' CECC China Human Rights and Rule of Law Update, No.
5, 4 June 10, 3.
\134\ Reporters without Borders (Online), ``What You Cannot Read in
the Chinese Press,'' 4 May 10.
\135\ ``Liu Binjie: Focal Point for GAPP This Year Is Striking
Against Fake Journalists'' [Liu binjie: xinwen chuban zongshu jinnian
zhongdian daji jia jizhe], Jinghua Times (Online), 4 March 09; Circular
Regarding 2009 Exchange and Issuance of Press Cards [Guanyu 2009 nian
huanfa xinwen jizhe zheng de tongzhi], issued 3 February 09, preamble.
\136\ Raymond Li, ``Journalists Must Face New Exam,'' South China
Morning Post (Online), 11 March 10. For CECC analysis, see ``Chinese
Government To Introduce Qualification Exam for Journalists in 2010,''
CECC China Human Rights and Rule of Law Update, No. 4, 21 April 10, 2.
\137\ China News Workers' Code of Professional Ethics [Zhongguo
xinwen gongzuozhe zhiye daode zhunze], amended 9 November 09, preamble,
arts. 1, 6.
\138\ ``News Reporter Card Exchange To End Soon, Commercial Web
Sites Have No Right To Report News--General Administration of Press and
Publication News Publication Department Responsible Person Answers
Journalists' Questions'' [Xinwen jizhe zheng huanfa jijiang jieshu
shangye wangzhan meiyou xinwen caifangquan--xinwen chuban zongshu
xinwen baokan si fuze ren da jizhe wen], People's Daily (Online), 22
February 10.
\139\ Ibid.
\140\ Gady Epstein, ``Dark Journalism,'' Forbes (Online), 21 July
08.
\141\ Will Clem, ``4 Dailies `Severely Punished for Lying,' ''
South China Morning Post (Online), 26 November 09.
\142\ Xu Kai, `` `Business Watch' Ordered To Halt Publication for
One Month Because of Story on China State Grid Corp.'' [``Shangwu
zhoukan'' yin guojia dianwang gongsi baodao beize tingkan yi yue],
Caijing (Online), 8 May 10.
\143\ Ibid.
\144\ Ibid.
\145\ Sky Canaves, ``Editorial Writer Punished in China,'' Wall
Street Journal (Online), 10 March 10.
\146\ John Garnaut, ``Beijing Sacks Editor for Expose,'' Age
(Online), 13 May 10; ``Making Themselves Heard,'' Sydney Morning Herald
(Online), 15 May 10.
\147\ Regulations of the People's Republic of China on News
Covering Activities of the Permanent Offices of Foreign News Agencies
and Foreign Journalists [Zhonghua renmin gongheguo waiguo changzhu
xinwen jigou he waiguo jizhe caifang tiaoli], issued 17 October 08,
art. 17; Ministry of Foreign Affairs (Online), ``Foreign Ministry News
Department Head Liu Jianchao Hosts Sino-Foreign Journalists Press
Conference on State Council's Promulgation of the Regulations of the
People's Republic of China on News Covering Activities of the Permanent
Offices of Foreign News Agencies and Foreign Journalists'' [Waijiaobu
xinwen si sizhang liu jianchao jiu guowuyuan banbu shishi ``zhonghua
renmin gongheguo waiguo changzhu xinwen jigou he waiguo jizhe caifang
tiaoli'' juxing zhongwai jizhe hui], 17 October 08.
\148\ ``Hu Jintao's Address at the Opening Ceremony of the World
Media Summit'' [Hu jintao zai shijie meiti fenghui kaimushi shang de
zhici], Xinhua (Online), 9 October 09.
\149\ Foreign Correspondents' Club of China (Online), ``Kashgar
Police Follow, Harass Journalists,'' 27 November 09.
\150\ Foreign Correspondents' Club of China (Online), ``Chengdu
Police Rough Up Reporters Covering Trial,'' 11 February 10.
\151\ Ibid.
\152\ Foreign Correspondents' Club of China (Online), ``Beijing
Police Question, Threaten News Assistant (Update May 26),'' 26 May 10.
\153\ Ibid.
\154\ ``Xinjiang Authorities Prohibit the Public From Interviewing
With Foreign Media Without Authorization'' [Xinjiang dangju jinzhi
minzhong shanzi jieshou waimei caifang], Radio Free Asia (Online), 15
June 10.
\155\ Provisions on the Administration of Newspaper Publishing
[Baozhi chuban guanli guiding], issued 30 September 05, effective 1
December 05, 2; Provisions on the Administration of Periodical
Publishing [Qikan chuban guanli guiding], issued 30 September 05,
effective 1 December 05, 2; Regulations on the Administration of
Publishing [Chuban guanli tiaoli], issued 25 December 01, effective 1
February 02, art. 11.
\156\ Regulations on the Administration of Publishing [Chuban
guanli tiaoli], issued 25 December 01, effective 1 February 02, art.
26.
\157\ Chinese Human Rights Defenders (Online), ``China's `Sweep
Pornography Strike Illegal Publications' Focuses on Shutting Off 38
Kinds of Political Publications?!'' [Zhongguo ``dahuang saofei'' jiushi
zhongdian fengdu 38 zhong zhengzhixing chubanwu?!], 1 March 10. CECC
staff attempted to access the link to the original article on the Jilin
Municipal Government Web site on May 17, 2010, and was able to access a
search result of the article using Google but not the link to the full
article itself.
\158\ Michael Wines, ``China Seeks To Halt Book That Faults Its
Prime Minister,'' New York Times (Online), 6 July 10.
\159\ Wang Kunning et al., ``News Publication System All Out
Support for Earthquake Relief'' [Xinwen chuban xitong quanli zhiyuan
kangzhen jiuzai], China News Publication Net (Online), 20 April 10.
\160\ Xi Fengyu, ``Ministry of Culture Official: Protecting
Intellectual Property and Nation's Cultural Safety Are Major Focus''
[Wenhuabu guanyuan: baohu zhishi chanquan weihu guojia wenhua anquan
cheng zhongdian], Legal Daily, reprinted in People's Daily (Online), 26
March 10.
\161\ ``Copying Services in Lhasa Tightened,'' China Daily
(Online), 19 May 10.
Notes to Section II--Worker Rights
\1\ ``Migrant Workers' Children Face Barriers to Education,
Activists Call for Fair Treatment,'' Congressional-Executive Commission
on China (Online), 8 March 10.
\2\ PRC Labor Dispute Mediation and Arbitration Law enacted 29
December 07, effective 1 May 08, art. 43.
\3\ Ibid., art. 43.
\4\ Ibid., art. 43.
\5\ ``All-China Federation of Trade Unions: A Rising Trend in the
Number of Local Labor Dispute Cases in 2010'' [Quanzong: 2010 nian
difang laodong zhengyi anjian shuliang shangsheng qushi], People's
Daily (Online), 2 September 10.
\6\ Yang Lin, ``Grasp the Opportunity To Reevaluate Labor
Relations, Eliminate Potential Problems, and Reformulate Policy'' [Zhua
zhu chongxin shenshi laozi geju, xiaochu laozi maodun yinhuan,
tiaozheng laogong zhengce de jihui], Outlook, 16 December 09.
\7\ See, e.g., Jiangsu Province Human Resources and Social Security
Office, Opinion Relating To Establishing the ``Five in One'' Mediation
System for Labor Disputes [Guanyu jianli laodong zhengyi ``wu wei
yiti'' tiaojie jizhi de yijian], issued 27 November 09; Chongqing
Municipality People's Government, Chongqing Municipality Labor Dispute
Mediation and Arbitration Measures [Chongqing shi laodong zhengyi
tiaojie zhongcai banfa], issued 19 July 10, effective 1 September 10;
Yuhang District Government (Online), ``Analysis of Our District's
Resolution of Labor Disputes in the First Quarter of 2009'' [Woqu 2009
nian yijidu laodong zhengyi chuli qingkuang fenxi], 2 April 09; Taizhou
City Government (Online), ``Analysis of Labor Disputes in the First
Quarter of 2009'' [2009 nian yiji laodong zhengyi anjian qingkuang
fenxi], 28 April 09; ``Employers Lose Over 90 Percent of Labor
Disputes'' [Laodong zhengyi anjian yongren danwei baisu yuanhe 90%
yishang], Eastern Legal Eye (Online), 14 May 09; Beijing Municipal
Labor and Social Security Bureau (Online), ``According to Law, Justly
and Efficiently Resolve Labor Disputes, Promote the Scientific
Development of the City's Arbitration Profession--Commemorating the
First Anniversary of the Implementation of the `PRC Labor Dispute
Mediation and Arbitration Law' '' [Yifa gongzheng gaoxiao chuli laodong
zhengyi, tuijin benshi zhongcai shiye kexue fazhan, jinian ``zhonghua
renmin gongheguo laodong zhengyi tiaojie zhongcai fa'' shishi yi
zhounian], 15 May 09; Shanghai Bureau of Justice (Online), ``Xuhui
District Establishes People's Mediation Committees for Labor Disputes''
[Xuhuiqu chengli laodong zhengyi renmin tiaojie weiyuanhui], 11
November 08; Wuxi Municipal Bureau of Labor and Social Security, 2009
Opinion on the Resolution of Labor Disputes [2009 nian laodongzhengyi
chuli gongzuo yijian], issued 13 March 09.
\8\ Fujian Provincial Bureau of Labor and Social Security, 2009
Main Points of Labor Dispute Mediation and Arbitration [2009 nian
laodong zhengyi tiaojie zhongcai gongzuo yaodian], issued 6 February
09.
\9\ Ningbo Municipal Labor and Social Security Bureau (Online),
``Jiangbei District's January-May Labor Disputes Exhibit Five
Characteristics'' [1-5 yue jiangbeiqu laodong zhengyi anjian chengxian
wu tedian], 1 June 09.
\10\ Wang Jingqiong, ``Courts Struggling To Handle Labor
Disputes,'' China Daily (Online), 15 September 10; ``All-China
Federation of Trade Unions: A Rising Trend in the Number of Local Labor
Dispute Cases in 2010'' [Quanzhong: 2010 nian difang laodong zhengyi
anjian shuliang cheng shangsheng qushi], People's Daily (Online), 2
September 10; Edward Wong, ``Global Crisis Adds to Surge of Labor
Disputes in Chinese Courts,'' New York Times (Online), 15 September 10;
China Labour Bulletin (Online), ``China's Labour Dispute Court Cases
Increased by Over Ten Percent in 2009,'' 22 March 10; Yang Lin, ``Grasp
the Opportunity To Reevaluate Labour Relations, Eliminate Potential
Problems, and Reformulate Policy'' [Zhua zhu chongxin shenshi laozi
geju, xiaochu laozi maodun yinhuan, tiaozheng laogong zhengce de
jihui], Outlook, 16 December 09.
\11\ ``Dongguan Workers Collectively Strike, Force Factory To Make
Up Back Pay'' [Dongguan gongren jiti bagong poshi chang fang bu hai
qian xin], Radio Free Asia (Online), 30 October 09; Chinese Human
Rights Defenders (Online), ``Guangzhou Again Detains Worker, Detainee
Dies in Detention Center Again, Family Members Suspect Deaths Due to
Beatings'' [Guangzhou zaiya renyuan zai bao kanshousuo siwang shi jian,
qinshu yi zao ouda zhisi], 19 March 10; Chinese Human Rights Defenders
(Online), ``Xi'an Police Brutally Beat and Detain Worker Petitioner''
[Xi'an jingcha yeman ouda zhua bu shangfang gongren], 19 March 10;
Chinese Human Rights Defenders (Online), ``Chongqing Migrant Worker
Severely Beaten While Discussing Wages'' [Nongmin gong tao gongzi bei
da zhi shengming chuiwei], 12 February 10; ``Shanxi Workers Petition
Provincial Government En Masse'' [Shanxi tongchuan gongchang zhigong
dao sheng zhengfu shangfang weiquan], Radio Free Asia (Online), 20
April 10; China Labour Bulletin (Online), ``Will the New Year See a
Resumption of Collective Bargaining in China? '' 5 January 10.
\12\ ``Enterprises That Refuse To Negotiate Can Be Fined 20,000
RMB'' [Zhigong yu zhang xin qiye bu tanpan huo jiang fa 2 wan yuan],
Southern Metropolitan Daily (Online), 18 March 10.
\13\ PRC Employment Promotion Law, enacted 30 August 07, effective
1 January 08, arts. 3, 29, 30.
\14\ Timothy J. Webster, ``Ambivalence and Activism: Employment
Discrimination in China,'' Lecturer and Other Affiliate Scholarship
Series, Paper 1, 2010, 66.
\15\ Ibid. Plaintiffs who prevailed in employment discrimination
cases during this reporting year included: Chen Ling in Shenzhen, whose
verdict was issued on March 5, 2010; and Wang Li in Tianhe, Guangzhou,
whose verdict was issued on March 11, 2010. For a more detailed summary
of cases, see Appendix on page 66 of ``Ambivalence and Activism:
Employment Discrimination in China.''
\16\ PRC Labor Contract Law, enacted 29 June 07, effective 1
January 08, art. 14.
\17\ Jiangsu Province High Court and Jiangsu Provincial Labour
Dispute Arbitration Commission, Guiding Opinion on the Handling of
Employment Disputes [Guanyu shenli laodong zhengyi anjian de zhidao
yijian], issued 14 December 09, art. 9.
\18\ Shanghai Municipality High People's Court, Opinion on Several
Issues Concerning the Application of Labour Contract Law [Shiyong
laodong hetong fa ruogan wenti de yijian], issued 3 March 09, art. 4.
\19\ Shai Oster, ``China Faces Unrest as Economy Falters,'' Wall
Street Journal (Online), 22 December 08; ``Wenzhou Taxi Drivers Pay
Tens of Thousands per Month, City Government Proposes Six Points of
Action'' [Wenzhou chuzuche siji yue bei choucheng shangwan shi zhengfu
ti liudian fangan], Daily Economic News, reprinted in Fenghuang Wang
(Online), 30 July 09.
\20\ Stanley Lubman, ``Are Strikes the Beginning of a New
Challenge? '' Wall Street Journal (Online), 25 June 10; CECC Staff
Interview.
\21\ Civil Rights and Livelihood Watch (Online), ``Hundreds of
Cotton Workers Striking in Suizhou, Hubei, for the Second Day'' [Hubei
suizhou shu bai mianfang gongren du lu kangyi jinru di ertian], 6 June
10; ``More Than 900 Workers From a Japanese Plant in Xi'an Strike in
Demand of Higher Wages'' [Xi'an ri zi chang 900 duo ming gongren bagong
yaoqiu jia xin], Radio Free Asia (Online), 10 June 10; Keith Bradsher
and David Barboza, ``Strike in China Highlights Gap in Workers' Pay,''
New York Times (Online), 28 May 10; China Labour Bulletin (Online),
``Police Reportedly Detain Striking Workers at Henan Cotton Mill,'' 4
June 10; China Labour Bulletin (Online), ``Two Days, Two Strikes in the
Pearl River Delta,'' 8 June 10; Norihiko Shirouzu, ``Honda Hit by
Second Strike in Southern China,'' Wall Street Journal (Online), 8 June
10; ``Series of Strikes at Toyota Plants Highlight Chinese Government's
Difficult Position'' [Bentian xilie bagong shijian tuxian zhongguo
zhengfu liangnan jumian], Wall Street Journal (Online), 14 June 10;
``Recent Worker Actions in China,'' CECC China Human Rights and Rule of
Law Update, No. 6, 12 July 10, 3. See also Keith Bradsher and David
Barboza, ``Strike in China Highlights Gap in Workers' Pay,'' New York
Times, 28 May 10.
\22\ Chris Buckley et al., ``Q+A--What Does China's Labour Unrest
Mean for Foreign Companies? '' Reuters (Online), 1 July 10.
\23\ Zhang Jieping and Zhu Yixin, ``Labor Movement's Demand for the
Establishment of Independent Unions Will Change the Country's
Trajectory'' [Zhongguo gong yun yaoqiu chengli duli gonghui gaibian
guoyun guiji], Asiaweek (Online), 7 June 10; Anita Chan, ``Labor Unrest
and Role of Unions,'' China Daily, 23 June 10; Bill Schiller, ``Labour
Strife Rolls Across China,'' Toronto Star (Online), 8 June 10; Han
Dongfang, ``China's Workers Are Stirring,'' International Herald
Tribune (Online), 17 June 10.
\24\ PRC Constitution, adopted 4 December 82, amended 12 April 88,
29 March 93, 15 March 99, 14 March 04, art. 35.
\25\ Bill Taylor and Qi Li, ``Is the ACFTU a Union and Does It
Matter? '' 49(5) Journal of Industrial Relations, 701, 701-715 (2007).
\26\ PRC Trade Union Law, enacted and effective 3 April 92, amended
27 October 01; Constitution of the Chinese Trade Unions, adopted 26
September 03, amended 21 October 08.
\27\ Qiu Liben, ``The Silent Lambs Are No Longer Silent'' [Chenmo
de gaoyang bu zai chenmo], Asiaweek (Online), 7 June 10; Keith
Bradsher, ``A Labor Movement Stirs in China,'' New York Times (Online),
10 June 10; Yu Jianrong, ``No Social Stability Without Labor
Protection,'' China Media Project (Online), 15 June 10; Mingwei Liu,
``Chinese Employment Relations and Trade Unions in Transition,'' Ph.D.
Dissertation, Cornell University, School of Industrial and Labor
Relations, January 2009; China Labour Bulletin (Online), ``Protecting
Workers' Rights or Serving the Party: The Way Forward for China's Trade
Union,'' March 2009.
\28\ He Dan and Li Wenfang, ``Draft Law Aims To Ease Labor Tension
in Guangdong,'' China Daily (Online), 6 August 10; Qian Yanfeng,
``Collective Contracts Sought,'' China Daily (Online), 9 July 10;
``Unionization Campaign Against Fortune 500 Companies Intensifies,''
China Employment Law Update, Baker & McKenzie (Online), August 2008;
Mingwei Liu, ``Chinese Employment Relations and Trade Unions in
Transition,'' Ph.D. Dissertation, Cornell University, School of
Industrial and Labor Relations, January 2009.
\29\ Anita Chan, ``Labor Unrest and Role of Unions,'' China Daily,
23 June 10; China Labour Bulletin (Online), ``Protecting Workers'
Rights or Serving the Party: The Way Forward for China's Trade Union,''
March 2009.
\30\ International Trade Union Confederation (Online), ``China,''
in Asia and the Pacific, an Annual Survey of Violations of Trade Union
Rights (2009).
\31\ ``China's `Labor Shortage': Scholar Analyzes Labor's Supply
and Demand Deadlock'' [Zhongguo ``mingong huang'' manyan xuezhe xi
laodongli gongqiu jiangju], Radio Free Asia (Online), 23 February 10;
``Labor Shortage Leads to Illegal Child Labor'' [Jingti yonggong huang
youfa feifa shiyong tonggong], Xinhua (Online), 17 July 10; ``Worker
Shortage Presses China's Economic `Turbulence' '' [Mingong huang poshi
zhongguo jingji ``bianju''], Radio Free Asia (Online), 11 March 10.
\32\ `` `Guangdong Province Regulations on the Democratic
Management of Enterprises': Labor Union's Opportunity and Challenge''
[``Guangdong sheng qiye minzhu guanli tiaoli'': gonghui de jiyu he
tiaozhan], China Economic Times, reprinted in Sannong Market (Online),
26 July 10; Mary E. Gallagher, `` `We Are Not Machines': Teen Spirit on
China's Shopfloor,'' China Beat (Online), 23 August 10.
\33\ Qiu Liben, ``The Silent Lambs Are No Longer Silent'' [Chenmo
de gaoyang bu zai chenmo], Asiaweek (Online), 7 June 10; ``Strikes in
Foreign-Funded Plants Spread to Other Provinces; Strikers Demand They
Follow Example of Foxconn and Increase Salaries'' [Waizi chang bagong
chao manyan duo sheng yaoqiu fangxiao fushi kang jia xin], Ming Pao
(Online), 11 June 10; David Barboza and Hiroko Tabuchi, ``With Strikes,
China's Workers Seem To Gain Power,'' New York Times (Online), 8 June
10; Andy Xie, ``Dismantling Factories in a Dreamweaver Nation,'' Caixin
(Online), 7 June 10; ``The Next China: As the Supply of Migrant Labour
Dwindles, the Workshop of the World Is Embarking on a Migration of Its
Own,'' Economist (Online), 29 June 10; `` `Guangdong Province
Regulations on the Democratic Management of Enterprises': Labor Union's
Opportunity and Challenge'' [``Guangdong sheng qiye minzhu guanli
tiaoli'': gonghui de jiyu he tiaozhan], China Economic Times, reprinted
in Sannong Market (Online), 26 July 10; Mary E. Gallagher, `` `We Are
Not Machines': Teen Spirit on China's Shopfloor,'' China Beat (Online),
23 August 10.
\34\ Anita Chan, ``Labor Unrest and Role of Unions,'' China Daily,
23 June 10.
\35\ Ibid.
\36\ Ibid.
\37\ Bill Schiller, ``Labour Strife Rolls Across China: Textile
Workers Toiling for Pennies Say They've Had Enough,'' Toronto Star
(Online), 8 June 10.
\38\ Highlighted in Ministry of Human Resources and Social
Security, All-China Federation of Trade Unions, and China Enterprise
Directors Association, Guiding Opinion on How To Maintain Stable Labor
Reltaions in the Current Economic Situation [Guanyu yingdui dangqian
jingjixingshi wending laodong guanxi de zhidao yijian], issued 23
January 09, and in Jiangsu High People's Court, Guiding Opinion on the
Handling of Labor Dispute Cases in the Current Macroscopic Economic
Situation [Guanyu zai dangqian hongguan jingji xingshi xia tuoshan
shenli laodong zhengyi anjian de zhidao yijian], issued 27 February 09.
\39\ PRC Labor Dispute Mediation and Arbitration Law, enacted 29
December 07, effective 1 May 08, arts. 4, 5 (on negotiation and the
application for mediation and arbitration), and 10 (on organizations
that provide mediation).
\40\ Ibid., art. 8.
\41\ Local interpretations with explicit articles and sections
addressing this include, e.g., Regulations To Promote Harmonious Labor
Relations in the Shenzhen Special Economic Zone [Shenzhen jingji tequ
hexie laodong guanxi cujin tiaoli], issued 23 September 08, effective 1
November 08, arts. 4 (on collaboration between local governments and
other bodies handling labor relations), 13 (on negotiation between
employers and workers), 34 (on the tripartite system), and 47 (on
negotiation, mediation, and arbitration), and Jiangsu High People's
Court and Labor Arbitration Committee, Opinion on Questions Regarding
the Use of the ``PRC Labor Dispute Mediation and Arbitration Law''
[Guanyu shiyong ``zhonghua renmin gongheguo laodong zhengyi tiaojie
zhongcai fa'' ruogan wenti de yijian], issued and effective 10 October
08, arts. 6-10 (on cases and application for mediation, arbitration,
and litigation).
\42\ See, e.g., Regulations To Promote Harmonious Labor Relations
in the Shenzhen Special Economic Zone [Shenzhen jingji tequ hexie
laodong guanxi cujin tiaoli], issued 23 September 08, effective 1
November 08, arts. 4, 35, 36 (on services by the labor commission and
the city and region's labor department), 45 (on the establishment of
organizations to promote and carry out labor laws and regulations), 30,
34, 50, 47, 48 (on ``group'' labor disputes), 49 (on the improvement of
mediation), 50 (on the involvement of the regional labor relations
committee), and 54 (on the involvement of trade unions).
\43\ See, e.g., Jiangsu High People's Court, Guiding Opinion on the
Handling of Labor Dispute Cases in the Current Macroscopic Economic
Situation [Guanyu zai dangqian hongguan jingji xingshi xia tuoshan
shenli laodong zhengyi anjian de zhidao yijian], issued 27 February 09,
sec. 3. See also ``Cases Soar as Workers Seek Redress,'' China Daily
(Online), 22 April 09, which suggests that experts encourage the use of
``more out-of-court mediation'' with ``extensive participation of
government departments, labor unions, residents' or villagers'
committees as well as mediators.'' Moreover, as reported in the
article, Qiu Baochang, head of the Huijia Law Firm in Beijing was
quoted as saying that ``workers should not rely solely on the courts
and arbitration committees. Fair labor treatment can also be achieved
through negotiations between workers and enterprises.''
\44\ Jiangsu High People's Court, Guiding Opinion on the Handling
of Labor Dispute Cases in the Current Macroscopic Economic Situation
[Guanyu zai dangqian hongguan jingji xingshi xia tuoshan shenli laodong
zhengyi anjian de zhidao yijian], issued 27 February 09, sec. 3(2). For
a discussion on handling labor-related cases in people's mediation
committees, see also Aaron Halegua, ``Getting Paid: Processing the
Labor Disputes of China's Migrant Workers,'' 26(1) Berkeley Journal of
International Law, 254, 292 (2008).
\45\ Ministry of Human Resources and Social Security, All-China
Federation of Trade Unions, and China Enterprise Directors Association,
Guiding Opinion on How To Maintain Stable Labor Relations in the
Current Economic Situation [Guanyu yingdui dangqian jingji xingshi
wending laodong guanxi de zhidao yijian], issued 23 January 09, sec. 6;
Jiangsu High People's Court Guiding Opinion on the Handling of Labor
Dispute Cases in the Current Macroscopic Economic Situation [Guanyu zai
dangqian hongguan jingji xingshi xia tuoshan shenli laodong zhengyi
anjian de zhidao yijian], issued 27 February 09, sec. 3.
\46\ Guangdong Province People's Congress Standing Committee
(Online), ``Opinions From the Public Openly Sought for `Guangdong
Province's Regulations on Enterprise Democratic Management (Third Draft
for Public Comment)' '' [Guangdong sheng qiye minzhu guanli tiaoli
cao'an xiugai san gao zhengqiu yijian gao xiang shehui gongkai zhengqiu
yijian], 23 August 10. Note that in section 3(4) of the Jiangsu High
People's Court Guiding Opinion on the Handling of Labor Dispute Cases
in the Current Macroscopic Economic Situation on guidance to lower
level courts, higher level courts are advised to supervise and guide
grassroots courts in handling labor dispute cases, especially when
there is a large number of them. Further, these courts should
investigate or research the reasons and causes. Jiangsu High People's
Court, Guiding Opinion on the Handling of Labor Dispute Cases in the
Current Macroscopic Economic Situation [Guanyu zai dangqian hongguan
jingji xingshi xia tuoshan shenli laodong zhengyi anjian de zhidao
yijian], issued 27 February 09, sec. 3(4).
\47\ Jiangsu Province Human Resources and Social Security Office,
Opinion Relating To Establishing the ``Five in One'' Mediation System
for Labor Disputes [Guanyu jianli laodong zhengyi ``wu wei yiti''
tiaojie jizhi de yijian], issued 27 November 09, arts. 6-7.
\48\ Chongqing Municipality People's Government, Chongqing
Municipality Labor Dispute Mediation and Arbitration Measures
[Chongqing shi laodong zhengyi tiaojie zhongcai banfa], issued 19 July
10, effective 1 September 10, arts. 2, 3, 6, 7.
\49\ Interpretation of the Supreme People's Court on Several Issues
Concerning the Application of Law in the Trial of Labor Disputes (III)
[Zuigao renmin fayuan guanyu shenli laodong zhengyi anjian shiyong falu
ruogan wenti de jieshi (san)], issued 13 September 10; Yang Weihan,
``Supreme People's Court Issues Judicial Interpretation on Standardized
Measure on Labor Dispute Rulings'' [Zuigao fa fabu sifa jieshi tongyi
laodong zhengyi caipan chidu], Xinhua (Online), 14 September 10; Edward
Wong, ``Global Crisis Adds to Surge of Labor Disputes in Chinese
Courts,'' New York Times (Online), 15 September 10.
\50\ Interpretation of the Supreme People's Court on Several Issues
Concerning the Application of Law in the Trial of Labor Disputes (III)
[Zuigao renmin fayuan guanyu shenli laodong zhengyi anjian shiyong falu
ruogan wenti de jieshi (san)], issued 13 September 10, art. 2.
\51\ Ibid., art. 3.
\52\ Ibid., art 1.
\53\ Simon Clarke et al., ``Collective Consultation and Industrial
Relations in China,'' 42(2) British Journal of Industrial Relations,
235, 240, 2004.
\54\ Stanley Lubman, ``Are Strikes the Beginning of a New
Challenge? '' Wall Street Journal (Online), 25 June 10; Simon Clarke et
al., ``Collective Consultation and Industrial Relations in China,''
42(2) British Journal of Industrial Relations, 235, 240, 2004.
\55\ Yang Lin, ``Grasp the Opportunity To Reevaluate Labour
Relations, Eliminate Potential Problems, and Reformulate Policy'' [Zhua
zhu chongxin shenshi laozi geju, xiaochu laozi maodun yinhuan,
tiaozheng laogong zhengce de jihui], Outlook, 16 December 09.
\56\ China Labour Bulletin (Online), ``Will the New Year See a
Resumption of Collective Bargaining in China? '' 5 January 10.
\57\ ``Regulations on the Democratic Management of Enterprises
Could Be Revealed Next Month; Emphasizes Equal Rights Among the Three
Sides of Labor Relations'' [Qiye minzhu guanli tiaoli youwang xia yue
chutai qiangdiao laozi sanfang pingdeng quanli], Southern Daily
(Online), 5 August 10.
\58\ China Labour Bulletin (Online), ``Guangdong's New Labour
Regulations Open the Door to Worker Participation in Collective
Bargaining,'' 26 July 10.
\59\ Guangdong Province People's Congress Standing Committee
(Online), ``Opinions From the Public Openly Sought for `Guangdong
Province's Regulations on Enterprise Democratic Management (Third Draft
for Public Comment)' '' [Guangdong sheng qiye minzhu guanli tiaoli
cao'an xiugai san gao zhengqiu yijian gao xiang shehui gongkai zhengqiu
yijian], 23 August 10.
\60\ Ibid.
\61\ China Labour Bulletin (Online), ``Guangdong's New Labour
Regulations Open the Door to Worker Participation in Collective
Bargaining,'' 26 July 10.
\62\ ``Regulations on the Democratic Management of Enterprises
Could Be Revealed Next Month; Emphasizes Equal Rights Among the Three
Sides of Labor Relations'' [Qiye minzhu guanli tiaoli youwang xia yue
chutai qiangdiao laozi sanfang pingdeng quanli], Southern Daily
(Online), 5 August 10.
\63\ ``Guangdong Province Regulations on the Democratic Management
of Enterprises: Labor Unions' Opportunities and Challenges'' [Guangdong
sheng qiye minzhu guanli tiaoli: gonghui de jiyu he tiaozhan], Sannong
Express (Online), 26 July 10.
\64\ ``Legislation on Wage Negotiations Is an Opportunity for
Unions and Workers'' [Gongzi tanpan lifa shi gonghui ji gongren de
jiyu], Southern Metropolitan Daily (Online), 23 July 10.
\65\ Mary E. Gallagher, `` `We Are Not Machines': Teen Spirit on
China's Shopfloor,'' China Beat (Online), 23 August 10.
\66\ Guizhou Province Regulations on Enterprise Democratic
Management [Guizhou sheng qiye minzhu guanli tiaoli], issued 26
November 08, effective 1 January 09.
\67\ Hubei Province Regulations on Enterprise Democratic Management
[Hubei sheng qiye minzhu guanli tiaoli], issued 6 December 07,
effective 1 February 08.
\68\ Jiangsu Province Regulations on Enterprise Democratic
Management [Jiangsu sheng qiye minzhu guanli tiaoli], issued 27
September 07, effective 1 January 08.
\69\ Shanxi Province Regulations on Enterprise Democratic
Management [Shanxi sheng qiye minzhu guanli tiaoli], adopted 31 May 05,
effective 1 July 05.
\70\ Zhejiang Province Regulations on Enterprise Democratic
Management [Zhejiang sheng qiye minzhu guanli tiaoli], adopted 30 March
10, effective 1 October 10.
\71\ Jinan City Regulations on Enterprise Democratic Management
[Jinan shi qiye minzhu guanli tiaoli], issued 20 November 09, effective
1 May 10.
\72\ Tianjin City Regulations on Enterprise Workers Democratic
Management [Tianjin shi qiye zhigong minzhu guanli tiaoli], issued 15
November 07, effective 1 March 08.
\73\ Mary E. Gallagher, `` `We Are Not Machines': Teen Spirit on
China's Shopfloor,'' China Beat (Online), 23 August 10.
\74\ Beijing Federation of Trade Unions, Circular Regarding the
Speeding-Up of the Work of Advancing Collective Wage Consultations
[Guanyu jin yi bu jiakuai tuijin gongzi jiti xieshang gongzuo de
tongzhi], issued 25 August 10, effective 25 August 10.
\75\ Federation of Hong Kong Industries (Online), ``Guidance Notes
Issued by Guangdong Government on Collective Wage Consultations''
[Guangdong sheng qiye gongzi jiti xieshang zhiyin], 10 August 10.
\76\ Hainan Province Regulations on Collective Contracts [Hainan
sheng jiti hetong tiaoli], enacted 27 November 09, issued 1 January 10.
\77\ Tianjin City Regulations on Enterprise Collective Wage
Consultations [Tianjin shi qiye gongzi jiti xieshang tiaoli], adopted
22 July 10, effective 1 September 10.
\78\ Li Yongqing, ``Guangdong Decides To Delay `Regulations on
Democratic Management of Enterprises' '' [Guangdong jue huan shen
``qiye minzhu guangli tiaoli''], Wen Wei Po (Online), 18 September 10;
Xu Bo, ``Guangdong Province Sets Aside Labor Legislation'' [Guangdong
sheng gezhi laogong lifa], Voice of America (Online), 22 September 10;
Han Dongfang, China Labour Bulletin (Online), ``China Labour Bulletin
Supports Guangdong's Efforts To Establish a Collective Wage Negotiation
System,'' 22 September 10.
\79\ ``China Rural Migrant Workers Number Nearly 230 Million,''
People's Daily (Online), 24 March 10.
\80\ Ibid.
\81\ Tammy Chia, ``Schools for Migrant Children in Beijing Face
Demolition,'' Kyodo News (Online), 29 January 10; China Labour Bulletin
(Online), ``Call for Fairer Treatment for Migrant Children in Beijing
Goes Unheeded,'' 2 February 10; Meng Jing, ``Blaze at Unlicensed
Kindergarten Kills Infant,'' China Daily (Online), 19 January 10; Lian
Weiliang, ``Allow All Infants To Easily Enter Nurseries; Beijing
People's Political Consultative Conference Calls To Resolve `Barriers
Against Entering Nurseries' '' [Rang suoyou baobao dou qingsong rutuo
beijing zhengxie huyu jiejue rutuo nan], Xinhua (Online), 30 June 09;
``Scholars Call on the People's Congress To Enact Legislation To Treat
Children Without Hukou Registration Equally'' [Xuezhe huyu renda lifa
pingdeng duidai fei huji ertong], Radio Free Asia (Online), 29 January
10; CECC, Special Topic Paper: China's Household Registration System:
Sustained Reform Needed to Protect China's Rural Migrants, 7 October
05.
\82\ Dagongzhe Migrant Worker Centre, ``New Ongoing Violations
After the Implementation of Labor Contract Law in China,'' 12 June 09;
Jeffrey Becker and Manfred Elfstrom, International Labor Rights Forum
(Online), ``The Impact of China's Labor Contract Law on Workers,'' 23
February 10, 7-10, 18.
\83\ Kam Wing Chan, ``The Chinese Hukou System at 50,'' 50(2)
Eurasian Geography and Economics, 197, 197-221, 2009.
\84\ ``Cases Soar as Workers Seek Redress,'' China Daily (Online),
22 April 09.
\85\ Albert Park et al., ``Shock and Recovery in China's Labour
Market: Flexibility in the Face of a Global Financial Crisis,''
PowerPoint Presentation given at the Chinese Economic Association
Conference on Global Economic Recovery: The Role of China and Other
Emerging Economies, University of Oxford, July 12-13, 2010.
\86\ Jeffrey Becker and Manfred Elfstrom, International Labor
Rights Forum (Online), ``The Impact of China's Labor Contract Law on
Workers,'' 23 February 10, 9.
\87\ Chinese Human Rights Defenders (Online), ``New Semester Begins
in Beijing, Over 10,000 Migrant Workers' Children Unable To Attend
School'' [Beijing xin xueqi kai xue shang wan nongmin gong zinu mei xue
shang], 23 February 10.
\88\ ``Scholars Call on the People's Congress To Enact Legislation
To Treat Children Without Hukou Registration Equally'' [Xuezhe huyu
renda li fa pingdeng duidai fei huji ertong], Radio Free Asia (Online),
29 January 10.
\89\ Ibid.
\90\ He Na, ``Migrants Put Behind Fences,'' China Daily (Online), 6
May 10.
\91\ All-China Federation of Trade Unions, ``All-China Federation
of Trade Unions: Research Report Regarding Issues Facing the New
Generation of Migrant Workers'' [Quanguo zong gonghui: guanyu xinsheng
dai nongmin gong wenti de yan jiu baogao], 21 June 10. See also He Na,
``Unlike Parents, Young Migrants Will Not Take Their Fate Lying Down,''
China Daily (Online), 23 March 10.
\92\ ``Agricultural Minister Han Changfu Discusses `Post-1990s'
Migrant Workers'' [Nongye bu buzhang han changfu tan ``90 hou'' nongmin
gong], China Review News, 3 March 10. See also ``Joint Editorial
Calling for Hukou Reform Removed From Internet Hours After Publication,
Co-Author Fired,'' CECC China Human Rights and Rule of Law Update, No.
4, 21 April 10, 1-2.
\93\ Zhang Jieping and Zhu Yixin, ``Labor Movements Demand for the
Establishment of Independent Unions Will Change the Country's
Trajectory'' [Zhongguo gong yun yaoqiu chengli duli gonghui gaibian
guoyun guiji], Asia Week (Online), 13 June 10.
\94\ He Na, ``Unlike Parents, Young Migrants Will Not Take Their
Fate Lying Down,'' China Daily (Online), 23 March 10.
\95\ ``China To Train Six Million Migrant Workers Each Year''
[Zhongguo jiang meinian peixun nongmin gong 600 wan], Radio Free Asia
(Online), 5 March 10.
\96\ China Labour Bulletin (Online), ``Politburo Officials Calls
for Hukou Reform,'' 4 March 10. See also ``Joint Editorial Calling for
Hukou Reform Removed From Internet Hours After Publication, Co-Author
Fired,'' CECC China Human Rights and Rule of Law Update, No. 4, 21
April 10, 1-2.
\97\ CECC Staff Interview; Zhou Jing, ``Dongguan Labor Disputes
Suddenly Increase'' [Dongguan laodong zhengyi zhousheng], Caijing
(Online), 14 January 09; Albert Park and Fang Cai, ``The
Informalization of the Chinese Labour Market,'' Paper presented at
Breaking Down Chinese Walls Conference, Cornell University, September
2008.
\98\ Albert Park and Fang Cai, ``The Informalization of the Chinese
Labour Market,'' Paper presented at Breaking Down Chinese Walls
Conference, Cornell University, September 2008.
\99\ Ibid.
\100\ Ibid.
\101\ He Huifeng, ``Official Blames Shenzhen Authorities,'' South
China Morning Post (Online), 27 May 10.
\102\ ``Military-Style Management,'' Global Times (Online), 24 May
10.
\103\ Tim Culpan, ``Hon Hai Falls on Plan To Double Wages at China
Plants (Update2),'' Bloomberg Businessweek (Online), 7 June 10.
\104\ ``Minimum Wages Rise in 11 Provinces,'' China Daily (Online),
18 May 10.
\105\ China Labour Bulletin (Online), ``Minimum Wage Set To
Increase in Cities Across China,'' 5 February 10.
\106\ Ibid.
\107\ PRC Labor Law, enacted 5 July 94, effective 1 January 08,
art. 48
\108\ PRC Labor Contract Law, enacted 29 June 07, effective 1
January 08, art. 74.
\109\ Ibid., art. 85.
\110\ Ibid., art. 72.
\111\ ``Migrant Worker Representative Proposes Double Compensation
for Arrears'' [Mingong ren dai tian qian xin pei shuang bei], Ming Pao
(Online), 10 March 10.
\112\ China Labour Bulletin (Online), ``Minimum Wage Set To
Increase in Cities Across China,'' 5 February 10.
\113\ Chinese Human Rights Defenders (Online), ``Migrant Worker
Nearly Beaten to Death While Discussing Wages'' [Nongmin gong tao
gongzi bei da zhi shengming chuiwei], 12 February 10.
\114\ Ibid.
\115\ PRC Labor Law, enacted 5 July 94, effective 1 January 95,
amended 10 October 01, art. 36.
\116\ China Labour Bulletin (Online), ``Falling Through the Floor:
Migrant Women Workers' Quest for Decent Work in Dongguan, China,''
September 2006, 6, 10, 15; CECC, 2008 Annual Report, 31 October 08, 51.
\117\ Dexter Roberts and Pete Engardio, ``Secrets, Lies, and
Sweatshops,'' Business Week (Online), 27 November 06.
\118\ ``All-China Federation of Trade Unions: A Rising Trend in the
Number of Local Labor Dispute Cases in 2010'' [Quanzong: 2010 nian
difang laodong zhengyi anjian shuliang cheng shangsheng qushi],
People's Daily (Online), 2 September 10; ``In the First Half of the
Year, Labor Dispute Cases in China Explode'' [Shangban nian zhongguo
laodong zhengyi anjian cheng jingpen taishi], Caijing (Online), 13 July
09.
\119\ PRC Labor Dispute Mediation and Arbitration Law, enacted 29
December 07, effective 1 May 08, arts. 6, 27, 39.
\120\ ``Wages Tumble as Chinese Workers Hunt Factory Jobs,''
Reuters (Online), 20 February 09.
\121\ PRC Safe Production Law, enacted 29 June 02, effective 1
November 02, arts. 1-2.
\122\ Ibid., arts. 17, 21.
\123\ Ibid., art. 45.
\124\ Ibid., art. 52.
\125\ Ibid., art. 53.
\126\ Ibid., art. 82.
\127\ Austin Ramzy, ``China and West Virginia: A Tale of Two Mine
Disasters,'' Time (Online), 23 April 10.
\128\ Ibid.
\129\ Yan Jie, ``Lax Law, Lack of Funds Make China's Mines
Deadliest,'' China Daily (Online), 10 May 10.
\130\ Kathleen E. McLaughlin, ``Silicon Sweatshops: What's a Worker
Worth? The Cold Calculus of Supply Chain Economics,'' Global Post
(Online), 17 March 10.
\131\ Ibid.
\132\ CECC Staff Interview.
\133\ PRC Law on Prevention and Control of Occupational Diseases,
enacted 27 October 01, effective 1 May 02, art. 39; Regulations on
Work-Related Injury Insurance [Gongshang baoxian tiaoli], issued 27
April 03, effective 1 January 04, art 18; China Labour Bulletin
(Online), ``Suffocated by the System,'' 16 April 10.
\134\ Regulations on Work-Related Injury Insurance [Gongshang
baoxian tiaoli], issued 27 April 03, effective 1 January 04, arts. 17-
18.
\135\ China Labour Bulletin (Online), ``Suffocated by the System,''
16 April 10.
\136\ For additional analysis of China's workplace-related injury
and illness compensation process, see China Labour Bulletin (Online),
``Suffocated by the System,'' 16 April 10.
\137\ Tan Ee Lyn, ``Few China Workers With Lung Disease Get
Redress--Rights Group,'' Reuters (Online), 26 April 10.
\138\ CECC, 2008 Annual Report, 31 October 08, 52.
\139\ Ibid.
\140\ Kathleen E. McLaughlin, ``Silicon Sweatshops: The Strange
Death of Li Liang. What Killed a Chinese Technology Worker at the
Center of a Supply Chain Firestorm? '' Global Post (Online), 17 March
10.
\141\ Ibid.
\142\ Ibid.
\143\ See, e.g., William Foreman, ``China Factories Break Labor
Rules,'' Associated Press (Online), 20 April 10; National Labor
Committee (Online), ``China's Youth Meet Microsoft: KYE Factory in
China Produces for Microsoft and Other U.S. Companies,'' 13 April 10.
\144\ ILO Convention (No. 138) Concerning Minimum Age for Admission
to Employment, 26 June 73; ILO Convention (No. 182) Concerning the
Prohibition and Immediate Action for the Elimination of the Worst Forms
of Child Labour, 17 June 99.
\145\ PRC Labor Law, enacted 5 July 94, effective 1 January 95,
amended 10 October 01, art. 15. See also PRC Law on the Protection of
Minors, enacted 4 September 91, effective 1 January 92, art. 28. See
generally Provisions on Prohibiting the Use of Child Labor [Jinzhi
shiyong tonggong guiding], issued 1 October 02, effective 1 December
02.
\146\ Provisions on Prohibiting the Use of Child Labor [Jinzhi
shiyong tonggong guiding], issued 1 October 02, effective 1 December
02, art. 6. See also ``Legal Announcement--Zhejiang Determines Four
Circumstances That Define Use of Child Labor'' [Fazhi bobao: zhejiang
jieding shiyong tonggong si zhong qingxing], China Woman (Online), 26
July 08.
\147\ This provision was added into the fourth amendment to the
Criminal Law in 2002. Fourth Amendment to the Criminal Law of the
People's Republic of China [Zhonghua renmin gonghe guo xingfa xiuzheng
an (si)], issued 28 December 02. See also PRC Criminal Law, enacted 1
July 79, amended 14 March 97, effective 1 October 97, amended 25
December 99, 31 August 01, 29 December 01, 28 December 02, 28 February
05, 29 June 06, 28 February 09, art. 244.
\148\ China Labour Bulletin (Online), ``Small Hands: A Survey
Report on Child Labor in China,'' September 2007, 3.
\149\ Ibid., 7-8.
\150\ Ibid., 15, 22, 25-32.
\151\ National Labor Committee (Online), ``China's Youth Meet
Microsoft: KYE Factory in China Produces for Microsoft and Other U.S.
Companies,'' 13 April 10, 3.
\152\ Ibid.
\153\ Ibid., 15.
\154\ William Foreman, ``China Factories Break Labor Rules,''
Associated Press (Online), 20 April 10.
\155\ Ibid.
\156\ Ibid.
\157\ For the government response to forced labor in brick kilns,
including child labor, see, e.g., Zhang Pinghui, ``Crackdown on Slave
Labor Nationwide--State Council Vows To End Enslavement,'' South China
Morning Post (Online), 21 June 07.
\158\ Ben Blanchard, ``China Urged To End `Child Labor' in
Schools,'' Reuters (Online), 3 December 07; Human Rights Watch
(Online), ``China: End Child Labor in State Schools,'' 3 December 07.
\159\ Provisions on Prohibiting the Use of Child Labor [Jinzhi
shiyong tonggong guiding], issued 1 October 02, effective 1 December
02, art. 13.
\160\ PRC Education Law, enacted 18 March 95, effective 1 September
95, amended 27 August 09, art. 58.
\161\ ILO Convention 138 permits vocational education for underage
minors only where it is an ``integral part'' of a course of study or
training course. ILO Convention 182 obligates Member States to
eliminate the ``worst forms of child labor,'' including ``forced or
compulsory labor.'' ILO Convention (No. 138) Concerning Minimum Age for
Admission to Employment, 26 June 73; ILO Convention (No. 182)
Concerning the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labour, 17 June 99.
\162\ Report of the Committee of Experts on the Application of
Conventions and Recommendations, Worst Forms of Child Labour
Convention, 1999 (No. 182) China (ratification: 2002) Observation,
CEACR 2006/77th Session, International Labour Organization, 2006.
\163\ Laogai Research Foundation, Report on Laogai Enterprise
Advertisements and Listings in English, February 2010, 5; Laogai
Research Foundation (Online), ``Laogai Forced Labor Camps: Listed in
Dun & Bradstreet Databases,'' 19 June 08, Introduction; U.S.-China
Security Review Commission (Online), Policy Paper on Prison Labor and
Forced Labor in China, modified 17 February 10.
\164\ State Council, Provisions Reiterating the Prohibition on the
Export of Products Made by Prisoners Undergoing Reeducation Through
Labor [Guanyu chongshen jinzhi laogai chanpin chukou de guiding],
enacted and effective 5 October 91, art. 4; U.S.-China Security Review
Commission (Online), Policy Paper on Prison Labor and Forced Labor in
China, modified 17 February 10; Laogai Research Foundation, Report on
Laogai Enterprise Advertisements and Listings in English, February
2010, 6.
\165\ Brahma Chellaney, ``Exporting Convicts Stains China's
Reputation,'' Globe and Mail (Online), 16 August 10.
\166\ PRC Law on the Control of the Exit and Entry of Citizens,
enacted 22 November 85, effective 1 February 86, art. 8.
\167\ Brahma Chellaney, ``Exporting Convicts Stains China's
Reputation,'' Globe and Mail (Online), 16 August 10. For more
information, see Lan Lan, ``Overseas Projects Fuel Big Dreams for
Workers,'' China Daily (Online), 20 July 10; PRC Law on the Control of
the Exit and Entry of Citizens, enacted 22 November 85, effective 1
February 86, art. 8.
\168\ People's Daily (Online), ``Commerce Ministry Denies China
Exports Prison Labor,'' 10 August 10.
\169\ These other rights are ``(b) the elimination of all forms of
forced or compulsory labour; (c) the effective abolition of child
labour; and (d) the elimination of discrimination in respect of
employment and occupation.'' ILO Declaration on Fundamental Principles
and Rights at Work, 18 June 98, International Labour Organization
(Online), art. 2.
\170\ See International Labour Organization (Online), ``ILO
Tripartite Constituents in China,'' last visited 27 September 07.
\171\ ILO Declaration on Fundamental Principles and Rights at Work,
18 June 98, International Labour Organization (Online), art. 2. China
has been a member of the ILO since its founding in 1919. For more
information, see the country profile on China in the ILO database of
national labor, social security, and human rights legislation (NATLEX)
(Online).
\172\ International Labour Organization (Online), ``Ratifications
of the Fundamental Human Rights Conventions by Country,'' 11 September
07.
\173\ International Labour Organization (Online), ``China: Forced
Labor and Trafficking: The Role of Labour Institution in Law
Enforcement and International Cooperation,'' August 2005.
\174\ See generally PRC Labor Law, enacted 5 July 94, effective 1
January 95, amended 10 October 01, art. 12.
\175\ International Covenant on Economic, Social and Cultural
Rights adopted by UN General Assembly resolution 2200A (XXI) of 16
December 66, entry into force 3 January 76, art. 8.
\176\ United Nations Treaty Collection (Online), Declarations and
Reservations, 5 February 02. Article 10 of China's Trade Union Law
establishes the All-China Federation of Trade Unions (ACFTU) as the
``unified national trade union federation,'' and Article 11 mandates
that all unions must be approved by the next higher level union body,
giving the ACFTU an absolute veto over the establishment of any local
union and the legal authority to block independent labor associations.
PRC Trade Union Law, enacted and effective 3 April 92, amended 27
October 01, arts. 10, 11.
Notes to Section II--Criminal Justice
\1\ For information on reforms related to limiting the use of
coerced confessions and executions, see Provisions Concerning Questions
About Examining and Judging Evidence in Death Penalty Cases [Guanyu
banli sixing anjian shencha panduan zhengju ruogan wenti de guiding],
effective 1 July 10, and Provisions Concerning Questions About
Exclusion of Illegal Evidence in Handling Criminal Cases [Guanyu banli
xingshi anjian paichu feifa zhengju ruogan wenti de guiding], effective
1 July 10. After several reports on the handling of suspicious
detention center deaths, the Ministry of Public Security released new
guidelines on management and education in detention centers. For more
information, see ``China Issues Detention Center Guideline,'' Xinhua
(Online), 26 February 10.
\2\ ``National People's Congress Standing Committee Issues Revised
State Secrets Law,'' CECC China Human Rights and Rule of Law Update,
No. 5, 4 June 10, 2; ``Lawyers' Licenses Withheld,'' Radio Free Asia
(Online), 18 July 10; China Human Rights Lawyers Concern Group
(Online), ``Concern Over Human Rights Lawyers Snatched of Their Legal
Practice Qualification, Demand Scrapping the Annual Inspection and
Annual Registration System,'' 15 July 10.
\3\ International Covenant on Civil and Political Rights, adopted
by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry
into force 23 March 76, art. 19; Universal Declaration of Human Rights,
adopted and proclaimed by UN General Assembly resolution 217A (III) of
10 December 48, art. 29.
\4\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. II(1),
art. 22; Bureau of Democracy, Human Rights, and Labor, U.S. Department
of State, Country Report on Human Rights Practices--2009, China
(includes Tibet, Hong Kong, and Macau), 11 March 10.
\5\ Universal Declaration of Human Rights, adopted and proclaimed
by UN General Assembly resolution 217 A (III) of 10 December 48, arts.
3, 5, 9, 19, and 20; International Covenant on Civil and Political
Rights, adopted by UN General Assembly resolution 2200A (XXI) of 16
December 66, entry into force 23 March 76, arts. 7, 9(1), 19(1), 19(2),
21, and 22(1); PRC Constitution, adopted 4 December 82, amended 12
April 88, 29 March 93, 15 March 99, 14 March 04, arts. 35 (freedom of
speech, press, assembly), 37 (freedom of person), and 41 (right to
criticize state organ or functionary).
\6\ Henry Sanderson, ``China Activist Told To Leave City for
National Day,'' Associated Press, reprinted in Taiwan News (Online), 18
September 09.
\7\ ``China Arrests Activists Before Obama Visit,'' United Press
International (Online), 14 November 09.
\8\ Human Rights in China (Online), ``Organizer of Families of
Tainted Milk Powder Victims Detained,'' 13 November 09.
\9\ Human Rights in China (Online), ``Shanghai Petitioner To Serve
18 Months of Reeducation-through-Labor After Shouting Slogans,'' 9
March 10.
\10\ Chinese Human Rights Defenders (Online), ``During Two
Sessions, More Than 20 Petitioners From Every Region Arrested and
Detained'' [Lianghui zhi shi you you 20 duo wei gedi fang min bei soubu
guanya], 7 March 10.
\11\ Chinese Human Rights Defenders (Online), ``On the Eve of the
World Expo, Shanghai Citizens Receive Public Security Authorities'
Notice'' [Shibohui qianxi, shanghai shimin shou dao gongan jiguan de
shibo gaozhi shu], 13 April 10.
\12\ Human Rights in China (Online), ``Guizhou Authorities Suppress
Activities To Commemorate June Fourth,'' 2 June 10.
\13\ Chinese Human Rights Defenders (Online), ``Human Rights
Activist Liu Dejun Beaten and Taken to a Remote Location by Police in
the Middle of the Night'' [Weiquan renshi liu dejun shenye bei jingcha
ouda bing pao shenshan], 16 June 10; ``Liu Dejun, Civil Rights
Activist, Kidnapped by Police and Left in Mountains,'' Boxun (Online),
15 June 10.
\14\ Ng Tze-wei, ``Police Detain Lawyers Who Sought To Meet
Obama,'' South China Morning Post (Online), 21 November 09.
\15\ Chinese Human Rights Defenders (Online), ``Lawyers Meet With
Wang Yonghang; Family Calls for End to Persecution'' [Lushi huijian
wangyonghang jiashu xu tingzhi pohai], 18 January 10; Chinese Human
Rights Defenders (Online), ``China Human Rights Briefing January 14-22,
2010,'' 27 January 10.
\16\ ``Gao Zhisheng Missing Again for 3 Months,'' Radio Free Asia
(Online), 8 July 10; ``Chinese Dissident Disappears for Second Time,''
Voice of America (Online), 1 May 10; Michael Wines, ``Chinese Rights
Lawyer Disappears Again,'' Associated Press (Online), 30 April 10;
``Chinese Human Rights Defender Gao Zhisheng Disappears Again,'' CECC
China Human Rights and Rule of Law Update, No. 5, 4 June 10, 2.
\17\ UN Committee against Torture, Consideration of Reports
Submitted by State Parties Under Article 19 of the Convention:
Concluding Observations of the Committee against Torture: China, CAT/C/
CHN/CO/4, 12 December 08, para. 11.
\18\ China objected to the quoted UN Committee against Torture
statement by stating, ``The Government of China contends that this
statement seriously distorts the truth.'' UN Committee against Torture,
Consideration of Reports Submitted by State Parties Under Article 19 of
the Convention: Comments by the Government of the People's Republic of
China, CAT/C/CHN/CO/4, 9 December 09, 2. For examples of police
torture, see Human Rights Watch (Online), ``China: Investigate Torture
Allegations in Tibet Philanthropist Trial,'' 23 June 10; ``Extorting
Confessions by Torture Is an Illness of the Chinese Detention System;
Call for Separation of Detention and Investigation Powers'' [Xingxun
bigong cheng zhongguo jiya tizhi chenke huyu shixian ji zhen fenli],
People's Daily (Online), 17 March 10. For examples of detention center
deaths, see ``Ensure the Rights of Suspects and Unnatural Deaths Will
Be Avoided'' [Baozheng she'an renyuan quanli caineng bimian fei
zhengchang siwang], Southern Metropolitan Daily (Online), 16 April 10;
Chen Wenxiang, ``Face-Washing? How Many More Ways To Die Can Detention
Centers `Invent'/ '' [Xilian si, kanshousuo jiujing hai yao ``faming''
duoshao zhong si fa?], People's Daily (Online), 10 April 10; ``
`Bizarre' Inmate Death Sparks Investigation,'' China Daily (Online), 12
April 10.
\19\ For descriptions of police abuse and torture, see Geng He's
opinion-editorial on her husband Gao Zhisheng's disappearance and
coverage of the high-profile Zhao Zuohai case: Geng He, ``The U.S. Must
Speak Out Against China's Offenses,'' Washington Post (Online), 4
February 10; Clifford Coonan, ``Zhao Zuohai: Beaten, Framed and Jailed
for a Murder That Never Happened,'' Independent (Online), 14 May 10.
\20\ ``19 Defendants Claim Confessions Extracted Through Torture''
[19 ming beigao cheng zao xingxun bigong], Yancheng Evening News
(Online), 4 December 09.
\21\ On November 30, 2009, the Mengzhou Municipal Court sentenced
Zhang Jiabin to three years' imprisonment, Xu Libin to two years'
imprisonment, suspended for three years, and Dong Dongli to one year's
imprisonment, suspended for two years. ``Police Torture Suspect and
Induce Bladder Rupture; Use Tear Gas Canister'' [Minjing xingxun bigong
zhi xianfan pangguang polie yong cuilei pensheqi], Dahe Net, reprinted
in Global Times (Online), 26 February 10.
\22\ Robert Saiget, ``China Environmentalist Alleges Brutal Jail
Treatment,'' Agence France-Presse (Online), 11 May 10; ``Environmental
Activist Wu Lihong Released, Alleges Abuse,'' CECC Human Rights and
Rule of Law Update, No. 5, 4 June 10, 2.
\23\ Chinese Human Rights Defenders (Online), ``China's Highest
Court Must Overturn Death Sentence Based on Confession Extracted by
Torture,'' 3 August 10; Ng Tze-wei, ``Lawyer Reveals Grim Details of
Client's Torture,'' South China Morning Post (Online), 29 July 10.
\24\ Wang Jingqiong and Shi Baoyin, `` `Murderer' Says He Was
Tortured To Confess,'' China Daily (Online), 12 May 10.
\25\ ``Wrongly Jailed Man Gets State Compensation,'' Xinhua
(Online), 13 May 10.
\26\ ``A Major Initiative To Protect the Quality of Death Penalty
Cases'' [Baozhang sixing anjian zhiliang de yige zhongda jucuo],
Procuratorial Daily (Online), 7 June 10.
\27\ ``Policing the Police,'' China Daily (Online), 13 May 10.
\28\ ``Inmate Death Sparks Investigation,'' China Daily (Online),
12 April 10; ``Ensure the Rights of Suspects and Unnatural Deaths Will
Be Avoided'' [Baozheng she'an renyuab guanli caineng bimian
feizhengchang], Southern Metropolitan Daily (Online), 31 March 10.
\29\ Kent Ewing, ``Chinese Prisons: Horror and Reform,'' Asia Times
(Online), 24 March 09. The first case that came to light in 2009
involved the death in February of 24-year-old Li Qiaoming at a
detention center in Yunnan province, which was initially explained by
officials to have resulted from fatal injuries sustained during a game
of ``hide-and-seek'' (duo maomao) with other inmates. The media and
blogosphere spread news of the case. Internet users expressed anger
over the death and the unconvincing explanation given by the officials,
and called for an investigation.
\30\ ``Urgently Awaiting the End of Unnatural Deaths in Detention
Centers'' [Feizhengchang siwang jidai ezhi], Zhejiang Daily (Online),
24 June 10; Chen Wenxiang, ``Face-Washing? How Many More Ways To Die
Can Detention Centers `Invent'/ '' [Xilian si, kanshousuo jiujing hai
yao ``faming'' duoshao zhong sifa?], People's Daily (Online), 10 April
10.
\31\ See, e.g., Deng Wei, ``Why Do `Detention Stories' Continue
Without End/ '' [``Kanshousuo de gushi'' heyi xuji buduan], Xi'an
Evening News, reprinted in New People Network (Online), 17 March 10;
Wang Jingqiong, ``Officers Suspended After Inmate Death,'' China Daily
(Online), 19 April 10; Wang Huazhong, ``Inmate Death Sparks
Investigation,'' China Daily (Online), 12 April 10; ``What Should We
Call the Next Detention Center Death/ '' [Kanshousuo li xia yili siwang
gai jiao shenme], Dalian Evening News, 13 August 09.
\32\ Wang Jingqiong, ``Officers Suspended After Inmate Death,''
China Daily (Online), 19 April 10; ``Meng Jianzhu: Successive Unnatural
Deaths Severely Damage the Credibility of the Public Security'' [Meng
jianzhu: jielian fasheng fei zhengchang siwang shijian yanzhong sunhai
gongan jiguan zhifa gongxinli], Legal Daily (Online), 27 March 10.
\33\ Circular From Supreme People's Court, Supreme People's
Procuratorate, Ministry of Public Security, Ministry of State Security,
and Ministry of Justice Regarding the Issue of ``Provisions Concerning
Questions About Examining and Judging Evidence in Death Penalty Cases''
and ``Provisions Concerning Questions About Exclusion of Illegal
Evidence in Handling Criminal Cases'' [Zuigao renmin fayuan zuigao
renmin jiancha yuan gong'an bu guojia anquan bu sifa bu yinfa ``guanyu
banli sixing anjian shencha panduan zhengju ruogan wenti de guiding''
he ``guanyu banli xingshi anjian paichu feifa zhengju ruogan wenti de
guiding'' de tongzhi], issued 13 June 10; Provisions Concerning
Questions About Exclusion of Illegal Evidence in Handling Criminal
Cases [Guanyu banli xingshi anjian paichu feifa zhengju ruogan wenti de
guiding], effective 1 July 10, arts. 1, 7; Provisions Concerning
Questions About Examining and Judging Evidence in Death Penalty Cases
[Guanyu banli sixing anjian shencha panduan zhengju ruogan wenti de
guiding], effective 1 July 10, arts. 18(4), 19, 34.
\34\ Regulations on the Discipline of Policemen [Gong'an jiguan
renmin jingcha jilu tiaoling], issued 21 April 10, effective 1 June 10;
Wang Huazhong, ``Regulation Details Disciplines for Police,'' China
Daily (Online), 6 May 10; ``Regulations on `Discipline of Policemen'
Will Go Into Effect June 1'' [``Gong'an jiguan renmin jingcha jilu
tiaoling'' jiang yu liu yue yi ri qi shixing], People's Daily (Online),
4 May 10.
\35\ PRC State Compensation Law, enacted 12 May 94, amended 29
April 10, effective 1 December 10, art. 26. Cheng Zhuo and Li Huizi,
``China Adopts Amended State Compensation Law To Better Protect Human
Rights,'' Xinhua (Online), 30 April 10.
\36\ According to Article 34 of the Criminal Procedure Law, the
court ``shall designate a lawyer that is obligated to provide legal aid
to serve as a defender,'' if the defendant does not have a lawyer and
is blind, deaf, mute, a minor, or facing the possibility of a death
sentence. Article 42 of the Law on Lawyers states that lawyers must
fulfill their obligations to provide legal aid services. For more
information see PRC Criminal Procedure Law, enacted 1 July 79, amended
17 March 96, effective 1 January 97, art. 34; PRC Law on Lawyers,
enacted 15 May 96, amended 29 December 01, amended 28 October 07,
effective 1 June 08, art. 42.
\37\ CECC, 2009 Annual Report, 10 October 09, 102.
\38\ Bureau of Democracy, Human Rights, and Labor, U.S. Department
of State, Country Report on Human Rights Practices--2009, China
(includes Tibet, Hong Kong, and Macau), 11 March 10.
\39\ `` `Lawyers Falsification-Gate' and `Law of Perjury' ''
[``Lushi zaojiamen'' yu ``lushi weizhengzui''], Qianlong Web (Online),
15 December 09.
\40\ ``President of All China Lawyers Association Discusses Article
306 of Criminal Law'' [Quanguo luxiehui zhang shou tan ``bu zuowei''
cheng ziji bingfei kuilei], China Newsweek, reprinted in Xinhua
(Online), 25 March 10.
\41\ CECC, 2008 Annual Report, 31 October 08, 38.
\42\ PRC Law on Lawyers, enacted 15 May 96, amended 29 December 01,
amended 28 October 07, effective 1 June 08; PRC Criminal Procedure Law,
enacted 1 July 79, amended 17 March 96, effective 1 January 97; Zhang
Liang, ``ACLA Survey Shows Lack of Optimism in Professional Lawyer
Field'' [Quanguo lushi xiehui diaoyan xianshi lushi zhiye huanjing
burong leguan], Legal Daily (Online), 30 December 09.
\43\ Zhang Liang, ``ACLA Survey Shows Lack of Optimism in
Professional Lawyer Field'' [Quanguo luxie diaoyan xianshi lushi zhiye
huanjing burong leguan], Legal Daily (Online), 30 December 09.
\44\ Zhang Yan, ``Lawyers Plagued With Red Tape,'' China Daily
(Online), 25 June 10.
\45\ ``ACLA President Talks About `Omission' for the First Time;
States He Wasn't a Puppet'' [Quanguo luxiehuizhang shoutan ``bu
zuowei'' cheng ziji bingfei kuilei], China Newsweek, reprinted in
Xinhua (Online), 25 March 10.
\46\ ``Ignoring Facts and Law as a Concession to Popular Will
Actually Contravenes the Will of the People'' [Weile qianjiu minyi bugu
shishi he falu cai shi zhenzheng weibei minyi], China Youth Daily
(Online), 18 June 09. For more information about Article 306, see CECC,
2009 Annual Report, 10 October 09, 106.
\47\ ``Chinese Article Claims That Research on the Difficulties
Faced by Criminal Defense Lawyers Restricted After Revealing `Shocking'
Initial Results,'' Congressional-Executive Commission on China
(Online), 13 January 05; Tom Kellogg, Human Rights in China (Online),
``A Case for the Defense,'' China Rights Forum, No. 2, 31-34; Human
Rights Watch (Online), ``Walking on Thin Ice,'' 28 April 08.
\48\ ``ACLA President Talks About `Omission' for the First Time;
States He Wasn't a Puppet'' [Quanguo luxiehuizhang shoutan ``bu
zuowei'' cheng ziji bingfei kuilei], China Newsweek, reprinted in
Xinhua (Online), 25 March 10.
\49\ Xunjun Eberlein, ``Lawyer's Trial Rivets Public and Tests
Chinese Courts,'' New America Media (Online), 5 January 10.
\50\ Lu Fei, ``Li Zhuang Retracts Admission of Guilt Following
Reduced Sentence,'' Economic Observer (Online), 9 February 10;
``Beijing Lawyer Given Lighter Punishment on Appeal in Mob Trial,''
Xinhua (Online), 9 February 10; Austin Ramzy, ``China's Dark City:
Behind Chongqing's Crime Crackdown,'' Time (Online), 15 March 10.
\51\ Amnesty International (Online), ``China Must Free Activist Who
Defended Earthquake Victims,'' 23 November 09.
\52\ ``Huang Qi,'' New York Times (Online), 8 February 09. For more
information on Huang Qi's advocacy and the Tianwang Human Rights
Center, see Human Rights in China (Online), ``HRIC Condemns Three-Year
Sentence for Earthquake Activist,'' 23 November 09.
\53\ ``International Outcry After Chinese Dissident Liu Xiaobo
Sentenced to 11 Years,'' Times of London (Online), 26 December 09.
\54\ ``Liu Xiaobo Appeals Sentence; Official Abuses Mar Case From
Outset,'' CECC China Human Rights and Rule of Law Update, No. 2, 5
February 10, 2.
\55\ The charge of ``illegally excavating and robbing cultural
sites or ancient tombs'' is listed under 328 of the PRC Criminal Law.
PRC Criminal Law, enacted 1 July 79, amended 14 March 97, effective 1
October 97, amended 25 December 99, 31 August 01, 29 December 01, 28
December 02, 28 February 05, 29 June 06, 28 February 09, art. 328.
``Tibetan Gets 15 Years,'' Radio Free Asia (Online), 24 June 10;
``Tibetan Karma Samdrup Sentenced to 15 Years; Will Appeal'' [Zangzu
gama sangzhu bei pan 15 jiang shangsu], Radio Free Asia (Online), 24
June 10.
\56\ Jonathan Watts, ``China Jails Tibetan Environmentalist for 15
Years,'' Guardian (Online), 25 June 10.
\57\ Office of the UN High Commissioner for Human Rights (Online),
Working Group on Arbitrary Detention Fact Sheet No. 26, May 2000, sec.
IV; International Covenant on Civil and Political Rights (ICCPR),
adopted by UN General Assembly resolution 2200A (XXI) of 16 December
66, entry into force 23 March 76, arts. 12, 18, 19, 21, 22, and 27;
Universal Declaration of Human Rights, adopted and proclaimed by UN
General Assembly resolution 217A (III) of 10 December 48, arts. 7, 10,
13, 14, 18, 19, and 21. The ICCPR provides that the deprivation of an
individual's liberty is permissible only ``on such grounds and in
accordance with such procedure as are established by law'' and that an
individual must be promptly informed of the reasons for his detention
and any charges against him or her.
\58\ See, e.g., PRC Constitution, adopted 4 December 82, amended 12
April 88, 29 March 93, 15 March 99, 14 March 04, arts. 35, 37, 41; PRC
Criminal Procedure Law, enacted 1 July 79, amended 17 March 96,
effective 1 January 97, art. 3; PRC Public Security Administration
Punishment Law, enacted 28 August 05, effective 1 March 06, arts. 3, 9,
10, 16; PRC Legislation Law, enacted 15 March 00, effective 1 July 00,
art. 8(v).
\59\ Shao Jiang, Chinese Human Rights Defenders (Online), ``Chinese
Government Silences Activists Ahead of Shanghai World Expo,'' 29 April
10.
\60\ Jerome A. Cohen and Yu-Jie Chen, ``Prisoner in His Own Home:
The Plight of a `Rights Lawyer' Under Illegal House Arrest Reflects
Beijing's Fear of Dissent,'' South China Morning Post (Online), 10 June
10.
\61\ Ibid.
\62\ Shao Jiang, Chinese Human Rights Defenders (Online), ``Chinese
Government Silences Activists Ahead of Shanghai World Expo,'' 29 April
10.
\63\ Chinese Human Rights Defenders (Online), ``Beijing Dissidents
Cha Jianguo and Gao Hongming's Movement Restricted'' [Beijing yiyi
renshi cha jianguo, gaohongming bei xianzhi ziyou], 31 January 10.
\64\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing Weekly July 14-19, 2010,'' 20 July 10.
\65\ CECC, 2007 Annual Report, 10 October 07, 39; Dui Hua
Foundation, Reference Materials on China's Criminal Justice System,
Vol. 2, June 09, iv; CECC, 2008 Annual Report, 31 October 08, 36-37;
Chinese Human Rights Defenders (Online), ``Re-Education through Labor
Abuses Continue Unabated: Overhaul Long Overdue,'' 4 February 09, 4.
\66\ Bureau of Reeducation Through Labor Administration, ``A Brief
Description of the Reeducation through Labor System'' [Laodong jiaoyang
zhidu jianjie], Legal Info (Online), 18 May 10.
\67\ Chinese Human Rights Defenders (Online), ``Re-Education
through Labor Abuses Continue Unabated: Overhaul Long Overdue,'' 4
February 09.
\68\ ``Sun Fuquan Sent to Reeducation though Labor for
Disseminating Truth About June 4'' [Sun fuquan yin chuanbo ``liu si''
zhenxiang bei laojiao], 23 October 09.
\69\ Ou Yangqing, Chinese Human Rights Defenders (Online),
``Shanghai Activist Jian-Fang Chen's RTL Decision,'' 2 May 10.
\70\ Xiaorong Li and Zhang Zuhua, Charter 08 (Hong Kong: Open
Books, 2009), 319.
\71\ ``China To Speed Up Legislation on Reforming Reeducation
through Labor System,'' Xinhua (Online), 10 March 10.
\72\ In April and May 2010, prominent Chinese legal scholars Jiang
Ming'an, a professor at Peking University Law School, and Yu Jianrong,
Chairman of the Social Issues Research Center of the Rural Development
Institute at the Chinese Academy of Social Sciences, exchanged opinion
editorials debating the function of the reeducation through labor
system. For more information, see Dui Hua Foundation (Online),
``Professors Yu Jianrong and Jiang Ming'an Spar Over Future of Re-
education Through Labor,'' 9 July 10.
\73\ Human Rights Watch (Online), ``An Alleyway in Hell: China's
Abusive `Black Jails,' '' 12 November 09, 8.
\74\ ``China Accused of Human Rights Abuses in Secret `Black
Jails,' '' Mail (Online), 12 November 09.
\75\ Jamil Anderlini, ``Punished Supplicants,'' Financial Times
(Online), 5 March 09.
\76\ Xu Zhiyong, ``A Visit to One of Beijing's `Black Jails,' ''
Black and White Cat Blog (Online), 13 October 08.
\77\ Human Rights Watch (Online), ``An Alleyway in Hell: China's
Abusive `Black Jails,' '' 12 November 09.
\78\ See, e.g., Human Rights Watch (Online), ``An Alleyway in Hell:
China's Abusive `Black Jails,' '' 12 November 09; Gordon Ross,
``China's Secret `Black Jails' Hold Sordid Tales of Injustice,'' Inter
Press Service (Online), 9 July 10; John M. Glionna, ``China's `Black
Jails' Shove Complaints Into the Dark,'' Los Angeles Times (Online), 11
January 10; Austin Ramzy, ``New Report Released on China's `Black
Jails,' '' Time (Online), 12 November 09; Cara Anna, ``Activist Speaks
Out From Inside `Black Jail,' '' Associated Press, reprinted in Sydney
Morning Herald (Online), 5 December 09; ``China Accused of Human Rights
Abuses in Secret `Black Jails,' '' Mail Foreign Service (Online), 12
November 09.
\79\ ``Authorities Close Doors on Trial of Case of Li Ruirui Who
Was Detained and Sexually Assaulted'' [Dangju bi men shenli li ruirui
zao guanya renyuan qiangjian an], Radio Free Asia (Online), 4 November
10.
\80\ Wang Yan, ``Settlement Upsets `Black Jail' Victim,'' China
Daily (Online), 12 December 09.
\81\ ``Receivers' `Gray Industrial Chain' Achieves Scale; Seriously
Undermines the Government's Image,'' People's Daily (Online), 24
November 09.
\82\ Tini Tran, ``State-Run Magazine Reports on Black Jails in
China,'' Associated Press (Online), 23 November 09; Andrew Jacobs, ``A
Rare Chinese Look at Secret Detentions,'' New York Times (Online), 26
November 09; Tini Tran, ``Liaowang, State-Run Magazine, Exposes State-
Run `Black Jails' in China,'' Associated Press, reprinted in Huffington
Post (Online), 25 November 09.
\83\ Human Rights and the Rule of Law in China, Hearing of the
Congressional-Executive Commission on China, 20 September 06, Testimony
of Jerome A. Cohen, Professor of Law, New York University Law School,
Co-Director of U.S.-Asia Law Institute.
\84\ Universal Declaration of Human Rights, adopted and proclaimed
by UN General Assembly resolution 217A (III) of 10 December 48;
International Covenant on Civil and Political Rights (ICCPR), adopted
by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry
into force 23 March 76.
\85\ ``Guangxi High Court Vice-President Ou Shaoxuan Put Under
`Shuanggui' '' [Guangxi gaoji fayuan fu yuan zhang ou shao xuan bei
``shuanggui''], Radio Free Asia (Online), 15 October 09.
\86\ ``Drug Officials Arrested on Bribery Charges,'' China Daily
(Online), 19 April 10.
\87\ Ministry of Public Security (Online), ``Ministry of Public
Security Holds Video Conference Call To Deploy `2010 Strike Hard
Campaign' '' [Gonganbu zhaokai dianshi dianhua huiyi bushu ``2010 yanda
zhengzhi xingdong''], 13 June 10; Yu Lan, ``CASS: China's Violent
Crimes Rise for the 1st Time in a Decade,'' People's Daily (Online), 25
February 10; Alexa Olesen, ``Spiraling Violent Crime Triggers Concern
in China,'' Associated Press (Online), 3 June 10.
\88\ Jin Zhu, `` `Strike Hard' Campaign Targets Violent Crimes,''
China Daily (Online), 15 June 10.
\89\ Ibid.
\90\ Cara Anna, ``Former China Police Chief Gets Death in Gang
Case,'' Associated Press (Online), 14 April 10.
\91\ Austin Ramzy, ``China's Dark City: Behind Chongqing's Crime
Crackdown,'' Time (Online), 15 March 10.
\92\ ``Justice Official Loses Death Sentence Appeal in Chongqing,''
China Daily (Online), 21 May 10.
\93\ Wang Huazhong and Ma Wei, ``Convicted Ex-Top Cop Asks for
Leniency,'' China Daily (Online), 14 May 10.
\94\ Chinese Law Prof Blog (Online), ``Jiang Ping: `China's Rule of
Law Is in Full Retreat,' '' 21 February 10.
\95\ Yang Ming, ``Strike Hard Returns'' [Youjian yanda], Oriental
Outlook (Online), 1 July 10.
\96\ Bureau of Democracy, Human Rights, and Labor, U.S. Department
of State, Country Report on Human Rights Practices--2009, China
(includes Tibet, Hong Kong, and Macau), 11 March 10.
\97\ ``Health of Chen Guangcheng, Imprisoned Blind Activist, in
Danger,'' AsiaNews (Online), 16 October 09.
\98\ ``Ill but No Medical Parole, Government Controls Fate of
Defenders'' [You bing bu bao wai wu bing po zhuyuan zhengfu zuoyou
weiquan zhe mingyun], Radio Free Asia (Online), 6 May 10; ``China and
US To Discuss Human Rights as Beijing Cracks Down on Jailed
Dissidents,'' AsiaNews (Online), 17 May 10; Human Rights in China
(Online), ``Liver Cancer Suspected, Activist Hu Jia Seeks Medical
Parole,'' 9 April 10.
\99\ Human Rights in China (Online), ``Writer Zhang Jianhong,
Gravely Ill, Is Released on Medical Parole; Family Struggles To Pay for
Treatment,'' 8 June 10.
\100\ Measures for Carrying Out Medical Parole for Prisoners
[Zuifan baowai jiuyi zhixing banfa], issued 31 December 90, art. 2(2);
Human Rights in China (Online), ``Writer Zhang Jianhong, Gravely Ill,
Is Released on Medical Parole; Family Struggles To Pay for Treatment,''
8 June 10.
\101\ ``Wang Shengjun: Strictly Apply the Relevant Facts, Evidence
and Laws in Capital Cases So as To Ensure the Quality of Trials'' [Wang
shengjun: yan ba sixing anjian shishi guan zhengju guan falu guan
quebao shenpan zhiliang], Xinhua (Online), 11 March 10.
\102\ ``China Executes Thousands: Amnesty,'' Canadian Broadcasting
Corporation (Online), 30 March 10.
\103\ Bao Daozu, ``China May Drop Death Penalty for 13 Economic
Crimes,'' China Daily (Online), 24 August 10; ``Criminal Law Draft
Revision (8) Removes 13 Economic Crimes From Death Penalty'' [Xingfa
xiuzheng an (ba) ni quxiao 13 ge jingji xing fei baoli fanzui sixing],
People's Daily Network (Online), 23 August 10.
\104\ Peter Simpson and David Williams, ``Gordon Brown Leads
Furious Outcry as China Executes British Drugs Mule by Lethal
Injection,'' Daily Mail (Online), 30 December 09.
\105\ Rosa Prince, ``Akmal Shaikh Execution Leaves Sino-British
Relations at a Low Point,'' Telegraph (Online), 30 December 09.
\106\ ``British Citizen Akmal Shaikh Executed in China,'' Telegraph
(Online), 29 December 09.
\107\ ``China Calls for Steady Development of Sino-British Ties,''
Xinhua, reprinted in Global Times (Online), 5 January 10.
\108\ Amnesty International (Online), ``China: British Man Facing
Imminent Execution,'' 21 October 09.
\109\ Cristian Segura, ``China Injects `Humanity' Into Death
Sentence,'' Asia Times (Online), 16 December 09; Liu Ligang, ``Liaoning
Completely Implements Death by Injection, Becomes the First Province To
Say Goodbye to Executions by Firing Squad'' [Liao quanmian shixing
zhushe sixing cheng quanguo shou ge gaobie ``qiangjue'' shengfen],
Xinhua (Online), 10 December 09.
\110\ ``Next Year Beijing Will Fully Implement Lethal Injections''
[Beijing ni mingnian qi quanmian shixing zhushe sixing], Global Times
(Online), 5 November 09.
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