GOC OFFICIALS, LEGAL EXPERTS DISCUSS PRISON

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 000635

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SIPDIS

DEPT FOR EAP/CM
NSC FOR WILDER

E.O. 12958: DECL: 02/21/2018
TAGS: PREL PHUM PGOV CH
SUBJECT: GOC OFFICIALS, LEGAL EXPERTS DISCUSS PRISON
REFORMS, LEGAL SERVICES, CRIMINAL LAW, EXTRADITION

Classified By: Ambassador Clark T. Randt, Jr.; Reasons 1.4 (b/d).

Summary
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1. (C) The Ambassador hosted China Prison Society (CPS) Vice
President and retired Ministry of Justice (MOJ) official Shen
Bailu, MOJ Foreign Affairs Director General Guo Jian'an and a
number of Chinese legal experts for lunch on February 21.
Shen said that China attaches great importance to
"correctional work" affecting prisoners. DG Guo said that
increased budget allocations have allowed Chinese prisons to
pay more attention to inmate reform, as they are now less
dependent on profits derived from prison labor. Legal
experts at the lunch said that China's rapid economic growth
and increasing rights awareness among Chinese citizens drive
overall growth in the legal sector as well as the types of
cases arising within the Chinese legal system. There are
about 130,000 lawyers in China, although severe shortages in
legal service providers remain in western China, particularly
Tibet. Criminal Law reform has "stagnated" in recent years,
while Criminal Procedure laws are developing quickly. DG Guo
expressed his hope for more U.S. Government cooperation in
extradition cases, especially those involving corrupt Chinese
officials. End Summary.

Prisons Rely Less on Prison Labor; More "Inmate Oriented"
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2. (C) On February 21, the Ambassador hosted CPS Vice
President and retired MOJ official Shen Bailu, MOJ Foreign
Affairs Director General Guo Jian'an and other legal experts
for lunch. Shen said that China attaches great importance to
"correctional work" affecting the 1.6 million prisoners in
its nationwide system of 700 prisons, including the "heavy
task" of resettling released prisoners. Shen stated that
China's improved economic situation has permitted increased
investment in the prison system in recent years whereas some
prisons had encountered "financial difficulties" in the past.


3. (C) DG Guo said that China pays great attention to
reforming the "administrative structure of its prison
system." Previously, budget allocations for the prison
system were limited, forcing greater reliance on profits
derived from inmate work to support operations. The effect
of this, Guo said, was that prisons emphasized profit-making
over other important tasks including inmate reform. In 2002,
China began implementing prison reforms, including prison
budget increases. Prisons nationwide now receive increased
state funding, allowing prison authorities to pay more
attention to "the reform of inmates, rather than production,"
Guo said. Prison officials have sought to make prison
administration more "inmate oriented," CPS VP Shen added, by
protecting inmates' human rights and "respecting their
customs."

Economic Development, Rights Awareness Drives Legal Sector
Growth
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4. (C) Xiao Hongming, a former MOJ official now specializing
in corporate law at Beijing's Guangtao law firm, stated that
economic development continues to drive the rapid growth of
China's legal services sector. Xiao and Beijing Zhongzi law
firm partner Su Sheng both agreed that "the scope of legal
practice is expanding continually." Su, a commercial
litigator and part-time arbitrator, said that the number of
lawsuits has increased dramatically. During the 1990s,
judges handled an average of 50-60 cases per year, whereas
they now handle 100-200 per year. "It is not easy to be a
judge now," Su said, given the increase in caseloads.


5. (C) Lawyer Su also attributed the increase in the number
of lawsuits percolating through the Chinese legal system to
"great enhancement in the awareness of legal rights among
Chinese people." Many cases, he said, now relate to the
protection of rights. Over the last five years, for example,
the number of intellectual property rights cases has
increased at a rate of 20 percent annually. Economic
development often drives the types of cases represented in
the Chinese legal system, Su said. Numerous construction
cases arise out of disputes involving the huge number of
construction projects in China.


6. (C) Lawyer Xiao said there are about 130,000 practicing
lawyers and 13,000 law firms in China. U.S.-based law firms,
numbering 40-50, are most numerous among foreign firms with
representative offices in China. CPS VP Shen and others said

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that Chinese law schools now produce 30,000 graduates per
year to meet increasing demand for legal services, though
many do not go on to practice law. Every year 200,000 to
300,000 people take the National Judicial Examination. In
past years, around 13,000 newly licensed lawyers entered the
profession each year. However, according to DG Guo, 20,000
passed the exam in 2007, when authorities lowered the
criteria for applicants to boost the numbers of lawyers in
Tibet. Tibet is still short of lawyers, Guo said, partly
because some applicants take the exam in western China and
then move to large eastern cities to earn higher incomes.
Nationwide, lawyers in Beijing, Shenzhen, Shanghai and
Shenzhen take in one-half of all income earned by lawyers
providing legal services.

Criminal Law Developments Uneven; Legal Profession Faces
Challenges
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7. (C) Renmin University Law Professor Han Yusheng said that
China's criminal laws have developed swiftly but unevenly.
Criminal Law reform has "stagnated" in recent years following
previous "rapid development" in some areas. In contrast,
Criminal Procedure laws are developing quickly. The study of
criminology is relatively undeveloped in China, Han said,
because it is "hard to get relevant data."


8. (C) Lawyer Su said that China's legal profession faces
developmental challenges. Lawyers must maintain the image of
the profession by striking a balance between earning income
and attending to social responsibilities. In the past,
ordinary Chinese respected lawyers as advocates of "justice."
Now lawyers in China command less respect because people
increasingly view them as advocates of client interests.
Lawyers help their professional image by participating in
activities that benefit society, including lawmaking. The
numbers of lawyers serving on the NPC, the national CPPCC and
local lawmaking bodies are greater than in the past.

China Grateful for U.S. Cooperation in Extradition Cases;
Hopes for More
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9. (C) DG Guo said he hopes the United States will continue
to assist China in cases involving the extradition of
"corrupt officials" from the United States back to China.
Past extradition cases involving corrupt Chinese officials,
Guo asserted, represent only "the tip of the iceberg" of
cases for which China seeks U.S. assistance.
RANDT