THE U.S.-CHINA HUMAN RIGHTS DIALOGUE, MINISTRY OF

C O N F I D E N T I A L BEIJING 002174 SIPDIS DEPT OF JUSTICE FOR OPDAT, CLEHMANN E.O. 12958: DECL: 06/05/2033 TAGS: PHUM PREL KJUS KOLY CH SUBJECT: THE U.S.-CHINA HUMAN RIGHTS DIALOGUE, MINISTRY OF JUSTICE MEETING, MAY 27, 2008 Classified By: Political Minister Counselor Aubrey Carlson. Reasons 1. 4 (b) and (d). ¶1. (U) May 27, 2008; 3:45 p.m.; Beijing, Ministry of Justice ¶2. (U) Participants: U.S. --- David J. Kramer, Assistant Secretary of State for Democracy, Human Rights, and Labor (DRL) Thomas Christensen, Deputy Assistant Secretary of State for East Asian and Pacific Affairs Robert K. Harris, Assistant Legal Advisor, Department of State Richard W. Behrend, PRM Advisor, Department of State Susan O'Sullivan, Senior Advisor, DRL Amy Chang Lee, Resident Legal Advisor, Embassy Beijing (notetaker) Jeannette M. Windon, Special Assistant, Office of Global Affairs, Department of State Steve Goldrup, Political Officer, Embassy Beijing Andrea Goodman, China Desk Officer, Bureau of East Asian and Pacific Affairs, Department of State Vicky Segal, Interpreter PRC --- Guo Jian'an, Director General, Legal Assistance and Foreign Affairs Department, MOJ Li Jin, Director, Prison Department, MOJ Guo Xintao, Director, Research Office, MOJ Niu Wenzhong, Director, Lawyers and Notarization Department, MOJ Xue Xinli, Guiding the Grass Roots Work Department, MOJ Fang Qiang, Interpreter, MFA Summary -------------- ¶3. (C) In a May 27 meeting in conjunction with the 14th U.S.-China Human Rights Dialogue (HRD),PRC Ministry of Justice's (MOJ) Legal Assistance and Foreign Affairs Department Director General Guo Jian'an and Assistant Secretary of State for Democracy, Human Rights, and Labor David Kramer discussed in greater detail issues that were mentioned during the main sessions of the Dialogue. A/S Kramer reiterated that the Chinese Government should consider for release a number of prisoners, including high-profile prisoners appearing in the U.S. cases of concern list for which MOJ helped provide information, as well as the remaining Tiananmen prisoners. Assistant Legal Advisor Robert Harris discussed the amended Lawyers' Law. End Summary. Introduction to MOJ -------------- ¶4. (U) DG Guo said that the atmosphere of the one-day Human Rights Dialogue was positive and the Dialogue was conducted smoothly. DG Guo introduced the functions of MOJ. First, MOJ administers China's 700 prisons with over 1.5 million inmates. Second, MOJ supervises legal education. After initiating the Reform and Opening policy, China resolved to build the rule of law and launched legal awareness and education campaigns; since 1978, four campaigns have been completed, and the fifth educational campaign is being drafted now. Third, MOJ is responsible for the administration of lawyers. Currently there are 13,000 law firms and 130,000 lawyers. (Note: This number does not include judges or prosecutors.) Although behind that of the United States, the legal profession in China, which only started in 1979, is developing rapidly. Fourth, MOJ supervises notary services. There are three thousand notarization centers employing 11,000 workers. Fifth, MOJ oversees "People's Mediation." Using community mediation agencies, five million cases each year are resolved between the parties outside of court. Sixth, MOJ administers the National Judicial Examination. Since 2002, passing the nationwide unified examination is a prerequisite for becoming a judge, prosecutor or lawyer. Seventh, MOJ regulates legal aid. Begun in 1994, legal aid now consists of 3,000 agencies with 10,000 employees. Eighth, MOJ oversees judicial forensics. MOJ regulates legal forensic work to ensure its reliability and authoritativeness. Ninth, MOJ handles foreign legal exchanges and mutual legal assistance. Since the 1980s, China h