China Human Rights and Rule of Law Update - November 2006
Message From the Chairmen
Reform of the Death Penalty Review Process
The Commission commends the recent positive steps that China's leaders have taken to help minimize wrongful executions and provide greater procedural due process to criminal defendants. In September, the Supreme People's Court and Supreme People's Procuratorate issued reform measures that establish concrete guidelines for death penalty appeals. On October 31, the Chinese government passed an amendment that requires all death sentences to be reviewed by the Supreme People’s Court.
The new amendment brings the primary law governing China's judiciary into conformity with other laws governing the criminal process and incorporates into law policy goals that the Supreme People's Court established in October 2005, when it issued a new five-year reform program for the Chinese judiciary. As a next positive step, the Commission urges the Supreme People’s Court to give full effect to its October 2005 commitments, by issuing a judicial interpretation to settle unresolved issues in the death penalty review process and to clarify its own procedures for review.
Announcements
Roundtable: China's National and Local Regulations on Religion: Recent Developments in Legislation and Implementation
The Congressional-Executive Commission on China will hold another in its series of staff-led Issues Roundtables, entitled "China’s National and Local Regulations on Religion: Recent Developments in Legislation and Implementation," on Monday, November 20, from 2:00 PM - 3:30 PM in Room 2200 of the Rayburn House Office Building.
The witnesses are:
- Eric R. Carlson, Attorney, Covington & Burling LLP.
- Bob (Xiqiu) Fu, President, China Aid Association.
- James W. Tong, Associate Professor of Comparative Politics, University of California—Los Angeles and Editor of the journal Chinese Law and Government.
Translation: Reform of the Death Penalty Review Process
The Congressional-Executive Commission on China has prepared translations of the Decision on Amending the PRC Organic Law of the People's Courts, issued by the National People’s Congress Standing Committee on October 31, and the Trial Provisions on Several Issues Regarding Court Hearing Procedures in Death Penalty Appeals Cases, jointly issued by the Supreme People’s Court (SPC) and Supreme People’s Procuratorate (SPP) on September 21. For more information on these measures, see Law Amended To Require SPC Approval of All Death Sentences and SPC, SPP Issue Joint Interpretation on Death Penalty Appeals. The Commission previously prepared translations of the SPC Circular on Further Improving Open Court Session Work in Second Instance Death Penalty Cases and Second Five-Year Reform Program for the People's Courts. For more information on these reform measures, see Supreme People’s Court Calls for Hearings in Death Penalty Appeals and SPC Incorporates Reform of Death Penalty Review into New Five-Year Program.
Translation: Supreme People's Court Interpretations on Commercial Arbitration
The Commission has prepared a translation of the Interpretation Regarding Certain Issues Relating to the Application of the "People's Republic of China Arbitration Law", issued by the Supreme People's Court on August 23, 2006, as well as a translation of Chapter Six of the Minutes of the Second National Work Meeting on Adjudications Involving Commercial and Maritime Affairs issued by the Supreme People's Court on December 26, 2005 addressing foreign arbitrations. For additional information regarding the Interpretation, see Supreme People's Court Provides Clarification on Arbitration Law below.