Author: Stanley Lubman, Berkeley

While the facts of the alleged conduct of four employees of the British-Australian company Rio Tinto Ltd. who were on trial this week for taking bribes and infringing trade secrets are obscure, the trial starkly exhibits some key characteristics of Chinese criminal justice.

It demonstrates the usual limits on the ability of defense lawyers to fully represent their clients, a disturbing lack of transparency, and the impact of political influences on the proceedings and the outcome. Read more…

Author: Stanley Lubman, Berkeley

China has come a long way in creating a legal system—and has a long way to go if the avowed aim of ‘ruling the country by law’ is to be realized. At the same time, considering that legal development has really been carried out for only half of the time that has elapsed since the founding of the People’s Republic, the accomplishments are considerable.

What remains in doubt is the depth of the commitment of the current Chinese leadership to further develop key institutions, and whether Chinese society will be stable enough to nourish those institutions.

Read more…