ABSTRACT

Access to Justice: Excerpted from the 2015 Annual Report of the Congressional-Executive Commission on China, One Hundred Fourteenth Congress, First Session, October 8, 2015   [open pdf - 175KB]

From the Introduction: "Chinese citizens continued to turn to the legal system for help when they were harmed by environmental hazards, unsafe food, discrimination, and other causes. Chinese law allows citizens to use the legal system to dispute unlawful government acts. International human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, likewise call for the ability of citizens to obtain effective legal remedies when their rights are violated. During the 2015 reporting year, however, the Commission observed a persistent gap between the Chinese government's rhetoric regarding the importance of laws and the actual ability of citizens to use the legal system to protect their rights. Recent judicial reforms indicate recognition by the Chinese government that the current system is dysfunctional, and official media has touted that the revised PRC Administrative Litigation Law 'will make it easier for citizens to take the government to court.' It is too soon, however, to determine fully the impact of these developments. Teng Biao, a Chinese lawyer, explained that '[t]he major problem with rule of law in mainland China is not establishing legal provisions but rather implementing laws.'"

Publisher:United States. Government Publishing Office
Date:2016
Copyright:Public Domain
Retrieved From:Government Printing Office: http://www.gpo.gov/
Format:pdf
Media Type:application/pdf
URL:https://www.hsdl.org/?view&did=791052
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