Chinese Law and Politics Blog

China Amends Law on Lawyers

On October 28, 2007, the standing committee of the National People’s Congress amended the Law on Lawyers, according to a Xinhua article of the same date. The law marginally changes the rules governing the legal profession in China.  It also introduces additional protections of unclear practical importance for lawyers representing their clients.

What Has Happened to Petitioning in China Since the 2005 Xinfang Regulations?

Chinese authorities report overwhelming success in resolving citizen grievances and reducing the numbers of petitions brought through the xinfang (letters and visits) system since the amendment of the national xinfang regulations in 2005. But a report by the Chinese Academy of Social Sciences (CASS) suggests that the core institutional problems with the system continue unchecked.

Analysis: Henan Circular on Peaceful Construction

The Henan Provincial Party Committee and Government jointly issued a circular on April 26, 2006 that calls on provincial authorities to strengthen their controls over society and address a range of social problems during the period 2006 to 2010 as a means towards conducting "peaceful construction," establishing a "harmonious society," "improv[ing] the Party's ruling capacity," and "solidif[ying] the Party's position in power." Specific goals listed in the circular overlap with in the Opinion on Promoting the Construction of a New Socialist Countryside, issued by the Communist Party Central Committee (CPCC) and the State Council (SC) on December 31, 2005, and an earlier opinion issued by the general offices of the CPCC and the SC.

SPC Considering Judicial Interpretation to Address Discrepancy in Death Compensation Awards for Urban and Rural Hukou Holders

The Supreme People's Court (SPC) is considering issuing a judicial interpretation to address discrepencies between rural and urban hukou holders in death compensation awards, according to comments made by March 14 by SPC President Xiao Yang and carried in a March 14 Xinhua post.

In 2006, Chinese media reported multiple cases in which long-term migrants living in Chinese urban areas (but still holding rural hukou registration) who were killed in traffic accidents received significantly less compensation than corresponding urban hukou holders killed in similar (or the same) accident.  See these posts (1, 2, 3) on the website of the Congressional-Executive Commission of China. The discrepency is a result of a 2003 SPC interpretation which links death awards to urban and rural hukou status, regardless of how long the deceased has actually been living in a given urban area.

It is unclear if or when the SPC will issue a judicial interpretation on the subject, or what the content might be.  Xiao Yang noted that experts consulted by SPC officials during the fall of 2006 regarding possible revisions were of different minds of how to address the subject.  But he asserted that the SPC has already reached preliminary consensus on the content.

State Council Orders Cleanup of Administrative Rules and Regulations

The general office of the State Council has issued a circular requiring all national government ministries and provincial governments to clean up administrative rules and regulations that have expired or that are inconsistent with existing law by October 2007, according to a March 7 post on the China Court web site.  The legal affairs office of the State Council will conduct the review of national administrative regulations, while local governments and ministries will handle the review of local administrative rules.