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