Journalists, activists and lawyers have recently been picked up on the strangely named offense of 'picking quarrels and causing disturbances'. What does this offense really entail? This brief note unpacks the relevant legal authority to show that it should never be used as a blanket offense.
Posts published by “Jeremy Daum”
Jeremy Daum is a Senior Fellow of the Yale Law School Paul Tsai China Center, based in Beijing, with over a decade of experience working in China on collaborative legal reform projects. His principal research focus is criminal procedure law, with a particular emphasis on protections of vulnerable populations such as juveniles and the mentally ill in the criminal justice system, and is also an authority on China’s ‘Social Credit System’. Jeremy has spoken about these issues at universities throughout China and in the U.S.; and has co-authored a book on U.S. Capital Punishment Jurisprudence for Chinese readers. He is also the founder and contributing editor of the collaborative translation and commentary site Chinalawtranslate.com, dedicated to improving mutual understanding between legal professionals in China and abroad.
He translates, writes, edits, does web-design, graphic design, billing, tech support, and social media outreach for China Law Translate.
Judicial Independence, transparency and Accountability Jeremy Daum February 3, 2014 Translated By: Yanfei Bai Independence, transparency and[……] Read more
The problem with the XZY case is that the procedures are so opaque that sometimes you can’t even tell if the law is being followed. Worse, it feels like you are trying to find a fig leaf for an indecency of a trial when you comb through the laws and records trying to make sense of them. Two issues have been criticized in the press, the question of why the case was heard by an intermediate court, and why XZY was and his co-defendants were tried separately.
Not so very long after the products of China's Third Plenum left many of those hoping for more overt court reform wanting, the Supreme People's Court has released its own opinion on preventing wrongful cases, which encapsulates and reinforces much of what the Court has been saying since new president ZHOU Qiang took office in March this year. Judicial Independence, procedural justice, and the exclusion of illegally acquired evidence are all prominently featured.
This walkthrough will guide you through it.
A quick recap of the events leading to the release of the Opinion on Sexual Abuse of Children, and some analysis of what it actually says. The short answer- it goes a long way, but was blocked on many fronts by a need to comply with literal meaning of the legislation.
The 16 year old Gansu boy mentioned in a previous post for having been detained for his internet comments questioning police conduct has been released! What, if anything, does it mean?