China Rule of Law: Improving Legal Efficiency

UNCLAS SECTION 01 OF 02 GUANGZHOU 000806 SIPDIS SENSITIVE SIPDIS USDOJ FOR CHRISTOPHER LEHMANN, OPDAT E.O. 12958: N/A TAGS: PGOV KJUS CH SUBJECT: China Rule of Law: Improving Legal Efficiency (U) THIS DOCUMENT IS SENSITIVE BUT UNCLASSIFIED. IT SHOULD NOT BE DISSEMINATED OUTSIDE U.S. GOVERNMENT CHANNELS OR IN ANY PUBLIC FORUM WITHOUT THE WRITTEN CONCURRENCE OF THE ORIGINATOR. IT SHOULD NOT BE POSTED ON THE INTERNET. ¶1. (U) SUMMARY: In late June conversations with local judges, academics, and lawyers in Guangdong Province, Embassy Beijing Resident Legal Advisor Ronald Cheng discussed ways to improve the efficiency of legal process, responded to inquiries about U.S. legal culture, and the problems related to legal protections and client access. Other issues discussed included judicial corruption, witnesses who are compelled to appear in court, and the amendment of China's Lawyer Law. END SUMMARY Burdened with high caseloads, judges seek efficiency -------------- -------------- ¶2. (SBU) Twelve judges from the Foshan Intermediate People's Court attended Cheng's June 27 presentation on U.S. criminal procedure. The Vice President of Foshan Intermediate Court Lai Zining, a good contact of the consulate's, who is forward leaning in his thinking about the rights of the accused, said that judges were overwhelmed with both investigative and procedural responsibilities. According to the Foshan judges, the Intermediate People's Court had over 500 judges who handled 100,000 cases in 2006, more than ten percent of which were criminal cases. ¶3. (SBU) During the discussion, judges inquired about methods used in the U.S. legal system to balance the dual needs of efficiency and justice. Of particular interest were the concepts of plea bargaining (which the judges admitted would improve the efficiency of the process, albeit at the risk of additional corruption),and criminal discovery, especially the handling of late-disclosed evidence at trial. Academics curious about U.S. legal culture -------------- -------------- ¶4. (SBU) In their meetings with on June 27 and 28, academics from the Law School of South China University of Technology (SCUT) and Guangzhou Academy of Social Science expressed interest in widely-publicized U.S. court cases -- those with sensational crimes or lengthy litigations, and often involving celebrities, and which were atypical in the U.S. legal system. Attendees also discussed jury selection, probation, and early release. Professor Hou Lingling of SCUT asked how a case like the recent Shanxi brick kiln scandal, involving forced labor and child labor, would have been handled in the United States. The members of the legal faculty clearly admired the mature nature of the U.S. legal system and its concepts of equality and governance by law. Lawyers call for more rights and protections -------------- -------------- ¶5. (SBU) During a visit to a medium-sized law firm in Guangzhou on June 28 and roundtable meeting with eight criminal defense lawyers from different law firms, Cheng heard complaints of unfair treatment by judges and law enforcement. One former lawyer claimed that he had received an eighteen-month prison sentence for "assisting in the falsification of evidence." Lawyers debated the incidence of judicial corruption in criminal cases, but agreed that corruption did not affect the guilt determination; instead it affected the length of imprisonment. ¶6. (SBU) The lawyers also lamented obstruction by law enforcement bureaus during the investigation stage of a case. To meet with clients, lawyers must first obtain approval from the prison authority, a process which normally takes at least one week. Once approved, meeting time is limited -- sometimes only ten to fifteen minutes. The lawyers stated that such conditions made it difficult to provide effective legal counsel. ¶7. (SBU) In Cheng's meeting with the Guangdong Bar Association on June 29, Criminal Commission Director Liu Tao confirmed that interference from law enforcement departments and a lack of legal protection for lawyers were the primary obstacles faced by criminal defense lawyers. Though Liu tried to limit the discussion to the prescribed time of one hour, the enthusiasm of her colleagues in asking questions about plea bargaining, mediation, discovery, defense pre-trial investigation, and bail extended the meeting to ninety minutes. Unwilling witnesses -------------- ¶8. (SBU) Judges, academics, and lawyers all commented on the difficulty of compelling witnesses to appear in court. Chinese law GUANGZHOU 00000806 002 OF 002 requires witnesses to appear in court, yet in reality only about ten percent do so in criminal cases. (Lawyers claimed that the percentage was lower, while judges and academics said the situation had improved to twelve-or-thirteen percent.) Instead of enforcement or other legal remedies, the prevailing practice in China is for lawyers or judges to pressure family members, friends, neighbors, or employers to persuade the witness to appear. Lacking a bailiff system or the ability to call for local police to act on their behalf, judges find it difficult to enforce rulings. Amendment to the Lawyer Law -------------- ¶9. (U) China is currently in the process of amending its Lawyer Law. When asked to predict how the amendment would affect them, judges said that effects would be minimal, academics were interested in a new regulation permitting solo private practice, and the lawyers hoped to enjoy increased protection under the new law. ¶10. (U) This cable has been cleared by Embassy Beijing Resident Legal Advisor Ronald Cheng. GOLDBERG