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Article: Human Rights Lawyering in Chinese Courtrooms

TitleHuman Rights Lawyering in Chinese Courtrooms
Authors
Keywordshuman rights lawyering
courts
authoritarian state
criminal justice
Issue Date2014
PublisherOxford University Press. The Journal's web site is located at http://www.oxfordjournals.org/our_journals/cjcl/
Citation
The Chinese Journal of Comparative Law, 2014, v. 2 n. 2, p. 270-288 How to Cite?
AbstractHuman rights lawyering in China can be categorized into three ideal types: moderate lawyering, critical lawyering and radical lawyering. Lawyers take corresponding political stance and use different strategies in their legal representation. This article uses three examples to illustrate the different types of lawyering and the degree to which the lawyers rely on law in the legal battles. In particular, this article examines the different type of interaction between lawyers and judges: 1) a moderate type in which lawyers rely on law to make a confined and technical legal argument strictly within the boundaries of law; 2) a critical type in which lawyers use law proactively and strategically to influence public opinions and the political process so as to shape judicial decisions to a particular direction; and 3) a radical type in which lawyers challenge law and use the case to advocate a larger legal or policy change. The three cases are the defence of Xia Junfeng in his murder trial; the defence of Falun Gong practitioners who are charged with various criminal offences; and the legal support for labour activists in China who are punished for organizing industrial action.
Persistent Identifierhttp://hdl.handle.net/10722/209725
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorFu, H-
dc.date.accessioned2015-05-14T02:46:13Z-
dc.date.available2015-05-14T02:46:13Z-
dc.date.issued2014-
dc.identifier.citationThe Chinese Journal of Comparative Law, 2014, v. 2 n. 2, p. 270-288-
dc.identifier.issn2050-4802-
dc.identifier.urihttp://hdl.handle.net/10722/209725-
dc.description.abstractHuman rights lawyering in China can be categorized into three ideal types: moderate lawyering, critical lawyering and radical lawyering. Lawyers take corresponding political stance and use different strategies in their legal representation. This article uses three examples to illustrate the different types of lawyering and the degree to which the lawyers rely on law in the legal battles. In particular, this article examines the different type of interaction between lawyers and judges: 1) a moderate type in which lawyers rely on law to make a confined and technical legal argument strictly within the boundaries of law; 2) a critical type in which lawyers use law proactively and strategically to influence public opinions and the political process so as to shape judicial decisions to a particular direction; and 3) a radical type in which lawyers challenge law and use the case to advocate a larger legal or policy change. The three cases are the defence of Xia Junfeng in his murder trial; the defence of Falun Gong practitioners who are charged with various criminal offences; and the legal support for labour activists in China who are punished for organizing industrial action.-
dc.languageeng-
dc.publisherOxford University Press. The Journal's web site is located at http://www.oxfordjournals.org/our_journals/cjcl/-
dc.relation.ispartofThe Chinese Journal of Comparative Law-
dc.subjecthuman rights lawyering-
dc.subjectcourts-
dc.subjectauthoritarian state-
dc.subjectcriminal justice-
dc.titleHuman Rights Lawyering in Chinese Courtrooms-
dc.typeArticle-
dc.identifier.emailFu, H: hlfu@hku.hk-
dc.identifier.authorityFu, H=rp01245-
dc.identifier.doi10.1093/cjcl/cxu014-
dc.identifier.volume2-
dc.identifier.issue2-
dc.identifier.spage270-
dc.identifier.epage288-
dc.publisher.placeUnited Kingdom-
dc.identifier.ssrn2601938-
dc.identifier.hkulrp2015/014-

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