Representative Christopher H. Smith, Chair
Senator Jeff Merkley, Cochair
PRC Legal Provisions
Additional Laws and Regulations
Provisions on Implementation of the System of People's Supervisors (Trial) (Chinese Text)
September 11, 2006
The following text was retrieved from the <a href="https://www.spp.gov.cn/site2006/2006-03-01/00025-267.html">Web site</a> of the Supreme People's Procuratorate on September 11, 2006. |
Shanxi Province People's Government Temporary Provisions Concerning Further Launching Work-Study Activities in Middle and Elementary Schools (Chinese Version)
September 11, 2006
The following text was retrieved from the China Lawinfo Website <a href="https://law.chinalawinfo.com/newlaw2002/SLC/slc.asp?gid=16805048&db=LAR&keyword=%E5%8B%A4%E5%B7%A5%E4%BF%AD%E5%AD%A6">Web site on September 11, 2006. |
Measures for Administering the Release of News and Information in China by Foreign News Agencies (Chinese and English Text)
September 10, 2006
The following translation was retrieved from the People's Daily Web site on May 30, 2013. The Chinese text was retrieved from the China Youth Daily Web site on September 11, 2006. <HR> Measures for Administering the Release of News and Information in China by Foreign News Agencies Measures for Administering the Release of News and Information in China by Foreign News Agencies Article 1. These Measures are formulated in accordance with national laws, administrative regulations and the relevant regulations of the State Council to regulate the release of news and information in China by foreign news agencies and the subscription of such news and information by users in China and to promote the dissemination of news and information in a sound and orderly manner. Article 2. These Measures shall be applicable to the release of news and information in text, photo, graphics and other forms in China by foreign news agencies. For the purposes of these Measures, foreign news agencies include other foreign entities of the nature of a news agency that release news and information products. Article 3. Xinhua News Agency exercises unified administration over the release of news and information in China by foreign news agencies. Article 4. According to the Decision of the State Council on Establishment of Administrative Licenses for Items Subject to Administrative Examination and Approval That Need to Be Retained, for releasing their news and information in China, foreign news agencies shall be subject to approval by Xinhua News Agency and shall have entities designated by Xinhua News Agency act as their agents (hereinafter referred to as designated entities). Foreign news agencies shall not directly solicit subscription of their news and information services in China. Except the designated entities, no unit or individual shall distribute news and information of foreign news agencies or act as their agents. Article 5. To apply for releasing news and information in China, a foreign news agency shall meet the following requirements: (1) being legally qualified in its home country or region; (2) enjoying good credit in the field of news and information release; (3) having an explicit scope of business; (4) possessing the technological and transmitting means commensurate with its business; and (5) other requirements as prescribed by Chinese laws and administrative regulations. Article 6. For releasing news and information in China, a foreign news agency shall submit a written application and the following materials to Xinhua News Agency: (1) legal credentials issued by the competent authorities of its home country or region; (2) its records of good credit issued by the relevant organization of its home country or region; (3) a detailed list, explanation and samples of the news and information release; (4) an illustration of its transmitting means; and (5) other materials as specified by Xinhua News Agency. Article 7. An entity to be designated as an agent of a foreign news agency for the distribution of news and information in China shall meet the following requirements and submit a written application to Xinhua News Agency: (1) being legally qualified; (2) enjoying good credit in acting as an agent for news and information distribution; (3) possessing the service network and transmitting means commensurate with its business; and (4) other requirements as prescribed by Chinese laws and administrative regulations and rules of government departments. Article 8. Xinhua News Agency shall, within 20 days from the date it receives the written application of a foreign news agency or designated entity, make a decision on whether to grant or not to grant the application. If it decides to grant the application, it shall issue the document of approval; otherwise, it shall notify the applicant of the decision in writing and explain the reasons why. Article 9. Before releasing news and information in China in accordance with the scope of business approved in the approval document, a foreign news agency shall sign an agency agreement with the designated entity, and within 15 days from the date of the agreement is signed, submit the agreement to Xinhua News Agency for the record. Article 10. Before altering its scope of business, transmitting means, etc., a foreign news agency shall apply anew to Xinhua News Agency for an approval document. Article 11. News and information released in China by foreign news agencies shall not contain any of the following that serves to: (1) violate the basic principles enshrined in the Constitution of the People's Republic of China; (2) undermine China's national unity, sovereignty and territorial integrity; (3) endanger China's national security, reputation and interests; (4) violate China's religious policies or preach evil cults or superstition; (5) incite hatred and discrimination among ethnic groups, undermine their unity, infringe upon their customs and habits, or hurt their feelings; (6) spread false information, disrupt China's economic and social order, or undermine China's social stability; (7) propagate obscenity and violence, or abet crimes; (8) humiliate or slander another person, or infringe upon the legitimate rights and interests of another person; (9) undermine social ethics or the fine cultural traditions of the Chinese nation; and (10) include other content banned by Chinese laws and administrative regulations. Article 12. Xinhua News Agency has the right to select the news and information released by foreign news agencies in China and shall delete any materials as specified in Article 11 of these Measures. Article 13. To subscribe to news and information services of foreign news agencies, a user in China shall sign a subscription agreement with a designated entity and shall not, by any means, directly subscribe to, translate, edit or publish the news and information released by a foreign news agency. In using news and information from a foreign news agency, the user in China shall clearly indicate the sources and shall not transfer them to another party in any form. Article 14. Foreign news agencies and designated entities shall, within the prescribed time limit, submit reports each year to Xinhua News Agency on their work in releasing news and information and in acting as agents respectively. Xinhua News Agency may conduct examination and inspection on the basis of what is reported. Only those agencies and entities that have passed the examination and inspection are permitted to continue with their news and information release and agency business. Article 15. Any unit or individual has the right to report to Xinhua News Agency any violation of these Measures. And Xinhua News Agency shall investigate and deal with the violation according to law. Article 16. Where a foreign news agency violates the Measures in one of the following manners, Xinhua News Agency shall give it a warning, demand rectification within a prescribed time limit, suspend its release of specified content, suspend or cancel its qualifications of a foreign news agency for releasing news and information in China, on the merits of each case: (1) releasing news and information beyond the scope of business as approved in the approval document; (2) directly soliciting subscription of news and information services, or doing so in disguised form; and (3) distributing news and information which contains the material specified in Article 11 of these Measures. Article 17. Where a user in China violates the provisions of these Measures in one of the following manners, Xinhua News Agency shall give it a warning, demand rectification within a prescribed time limit or order the designated entities to suspend or rescind the subscription agreement, on the merits of each case: (1) using the news and information from a foreign news agency beyond the scope as prescribed by the subscription agreement; (2) transferring to another party news and information from a foreign news agency that it has subscribed to; and (3) failing to indicate the sources clearly when using news and information from a foreign news agency. Article 18. Where a unit or individual violates the provisions of these Measures in one of the following manners, Xinhua News Agency shall submit a proposal to the relevant department of the State Council to impose an administrative penalty according to law: (1) releasing news and information without approval by Xinhua News Agency or subscribing to news and information of a foreign news agency without going through the entity designated by Xinhua News Agency; (2) distributing news and information of a foreign news agency or acting as its agent without approval; and (3) directly translating, editing or publishing news and information of a foreign news agency without approval. Article 19. Where a designated entity, in violation of the provisions of these Measures, acts as an agent for distribution of the news and information of a foreign news agency that has not obtained approval of Xinhua News Agency, Xinhua News Agency shall order it to rectify, and disciplinary penalties shall be imposed on the persons directly in charge and the other persons directly responsible. Article 20. Where a staff member of Xinhua News Agency commits one of the following acts, Xinhua News Agency shall impose on him a disciplinary penalty: (1) issuing approval document to an applicant that does not meet the requirements specified in these Measures; (2) failing to perform his duties of supervision and administration in accordance with law; (3) failing to investigate and deal with violations of law upon receiving reports thereon; and (4) abusing his powers, neglecting his duties, or engaging in malpractices for personal gain, etc. Article 21. These Measures shall be applied mutatis mutandis to the release of news and information on the mainland by news agencies and other news and information releasing entities of the nature of a news agency in the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan. Article 22. These Measures shall go into effect as of the date of promulgation. The <a href="/pages/virtualAcad/index.phpd?showsingle=69980">Methods for the Exercise of Administration over Publication in China of Economic Information by Foreign News Agencies and Their Information Subsidiaries</a>, promulgated by Xinhua News Agency on April 15, 1996, are repealed simultaneously. |
Shandong Province Common Higher Schools Off-campus Study, Internship and Social Practice Temporary Provisions (Chinese Text)
September 7, 2006
The following text was retrieved from the law-lib.com <a href="https://www.law-lib.com/lawhtm/1991/21974.htm">Web site</a> on September 7, 2006. |
Explanation Regarding Certain Issues Relating to the Specific Law to Be Used In Handling Those Who Surrender Themselves and Provide Meritorious Service (Chinese Text)
September 6, 2006
The following text was retrieved from the Supreme People's Court Web site on September 6, 2006. |
Supreme People's Procuratorate Provisions on the Criteria for Filing Dereliction of Duty and Rights Infringement Criminal Cases (CECC Partial Translation)
August 28, 2006
The following is a partial translation prepared by the Congressional-Executive Commission on China of Part II of the "Provisions on the Criteria for Filing Dereliction of Duty and Rights Infringement Criminal Cases," issued by the Supreme People's Procuratorate on December 29, 2005. The Chinese text was retrieved from the PRC Central Government <a href="https://www.gov.cn/ziliao/flfg/2006-07/27/content_346912.htm">Web site</a> on August 27, 2006.<HR> Supreme People's Procuratorate Issued Interpretation No. 2 (2006) Supreme People's Procuratorate Provisions on the Criteria for Filing Dereliction of Duty and Rights Infringement Criminal Cases (Passed at the 19th Meeting of the Procuratorate Committee, at the 10th Session of the Supreme People's Procuratorate, on December 29, 2005) In accordance with the PRC Criminal Law, PRC Criminal Procedure Law, and other laws and relevant regulations, it is provided as follows with respect to the criteria for filing criminal cases in which state agency personnel are derelict in their duties and abuse their authority to infringe upon citizens' right of the person or democratic rights: II. Criminal cases in which state agency personnel abuse their authority to infringe upon citizens' right of the person or democratic rights 1. Cases in Which State Agency Personnel Abuse Their Authority to Take Someone Into Illegal Custody (Article 238) The crime of taking someone into illegal custody refers to taking someone into custody or using other methods to illegally deprive him of his personal liberty. Where state agency personnel have abused their authority to take someone into illegal custody, and one of the following situations is suspected, a case should be filed: (1) One's personal liberty is illegally deprived for 24 hours or more; (2) One's personal liberty is illegally deprived, and instruments or bindings, among other vile means, are used, or beatings, insults, or maltreatment are used; (3) Illegal custody leads to the minor injury, serious injury, or death of the person in custody; (4) The circumstances of illegal custody are serious, and bring about the suicide, serious injury through self-infliction, death, or mental disorder of the person in custody; (5) Illegal custody is used against three or more individuals, or three or more times; (6) A judicial officer knows that there are no facts [to support] that an individual has committed a criminal offense, and yet takes him into illegal custody; (7) Other situations in which illegal custody should be investigated for criminal liability. 2. Cases in Which State Agency Personnel Abuse Their Authority to Conduct An Illegal Search (Article 245) The crime of conducting an illegal search refers to illegally searching one's body or residence. Where state agency personnel have abused their authority to conduct an illegal search, and one of the following situations is suspected, a case should be filed: (1) One's body or residence has been illegally searched, and beatings or insults, among other actions, are used; (2) The circumstances of an illegal search are serious, and bring about the suicide, serious injury through self-infliction, death, or mental disorder of the person searched or of their near relatives; (3) Illegal search leads to severe damage of property; (4) Illegal search is used against three or more individuals (or households), or three or more times; (5) A judicial officer conducts the illegal search, knowing that the body or residence has no relation to the suspected crime; (6) Other situations in which illegal search should be investigated for criminal liability. 3. Cases of Confessions Coerced Under Torture (Article 247) The crime of coercing a confession under torture refers to the use of corporal punishment or disguised corporal punishment by judicial officers to coerce a confession. Where one of the following situations is suspected, a case should be filed: (1) Beatings, bindings, illegal uses of instruments [of torture], or other vile means are used to coerce a confession; (2) Relatively long periods of freezing, starvation, exposure to the sun, heating, or other means are used to coerce a confession, and seriously harm the health of a criminal suspect or defendant; (3) A confession coerced under torture leads to a criminal suspect or defendant's minor injury, serious injury, or death; (4) The circumstances of coercing a confession under torture are serious, and bring about the criminal suspect or defendant's suicide, serious injury through self-infliction, death, or mental disorder; (5) A confession coerced under torture leads to a wrongful judgment; (6) A confession is coerced under torture from three or more individuals, or three or more times; (7) One colludes with, incites, instigates, or forces another to coerce a confession under torture, resulting in one of the aforementioned situations; (8) Other situations in which coercing a confession under torture should be investigated for criminal liability. 4. Cases of Evidence Acquired by Force (Article 247) The crime of acquiring evidence by force refers to the use of force by judicial officers to coerce a witness statement. Where one of the following situations is suspected, a case should be filed: (1) Beatings, bindings, illegal uses of instruments [of torture], or other vile means are used to coerce a witness statement; (2) Evidence acquired by force leads to a witness' minor injury, serious injury, or death; (3) The circumstances of acquiring evidence by force are serious, and bring about a witness' suicide, serious injury through self-infliction, death, or mental disorder; (4) Evidence acquired by force leads to a wrongful judgment; (5) Evidence is acquired by force from three or more individuals, or three or more times; (6) One colludes with, incites, instigates, or forces another to acquire evidence by force, resulting in one of the aforementioned situations; (7) Other situations in which acquiring evidence by force should be investigated for criminal liability. 5. Cases of Prisoner Maltreatment (Article 248) The crime of prisoner maltreatment refers to the use of beatings or corporal punishment and abuse against prisoners by officers of an institution of confinement such as a prison, detention center, custody center, short-term detention center, or reeducation through labor center, if the circumstances are serious. Where one of the following situations is suspected, a case should be filed: (1) Beatings, bindings, illegal uses of instruments [of torture], or other vile means are used to maltreat a prisoner; (2) Relatively long periods of freezing, starvation, exposure to the sun, heating, or other means are used to maltreat a prisoner, and seriously harm the health of the prisoner; (3) Maltreatment leads to a prisoner's minor injury, serious injury, or death; (4) The circumstances of prisoner maltreatment are serious, and bring about the prisoner's suicide, serious injury through self-infliction, death, or mental disorder; (5) Beatings or corporal punishment and abuse take place against three or more individuals, or three or more times; (6) One instigates a prisoner to beat or corporally punish and abuse other prisoners, resulting in one of the aforementioned situations. (7) Other situations that involve serious circumstances. 6. Cases of Retaliation or Frame-Up (Article 254) The crime of retaliation or frame-up refers to abuse of authority or use of public office for private ends by state agency personnel in order to retaliate against or frame a complainant, petitioner, critic, or person who reports against him. Where one of the following situations is suspected, a case should be filed: (1) The circumstances of retaliation or frame-up are serious, and bring about the suicide, serious injury through self-infliction, death, or mental disorder of the complainant, petitioner, critic, person who has filed the report, or his near relatives; (2) Other legal rights of the complainant, petitioner, critic, person who has filed the report, or his near relatives are seriously harmed; (3) Other situations in which retaliation or frame-up should be investigated for criminal liability. 7. Cases in Which State Agency Personnel Abuse Their Authority to Disrupt Elections (Article 256) The crime of disrupting elections refers to the use of violence, threat, deception, bribery, falsification of electoral documents, false reporting of ballot count, fabrication of election results, or other means in the election of deputies to the people's congresses and leading members of state agencies at various levels, to disrupt an election or obstruct the electorate and deputies from freely exercising their right to vote and stand for election, if the circumstances are serious. Where state agency personnel have abused their authority to disrupt an election, and one of the following situations is suspected, a case should be filed: (1) Violence, threat, deception, bribery, or other means are used to obstruct the electorate or deputies to the people's congresses at various levels, and result in the ineffectiveness or inability to normally conduct the election, or in election results that are inauthentic; (2) Violence is used to disrupt the election site or election facilities, and results in the inability to normally conduct the election; (3) Falsification of voter registration cards, ballots, or other electoral documents, and false reporting of ballot count, produce inauthentic election results, or force legal elections to be declared ineffective or illegal elections to be declared effective; (4) A mass assault on the election site or intentional disturbance of election site procedures leads to an inability to conduct the elections; (5) Other situations that involve serious circumstances. |
Joint Circular From the Ministries of Education and Treasury on Reissuing the "Trial Measures for the Management of Special Central Funds for Rural Compulsory Education"
August 18, 2006
The following text was retrieved from the Legal Daily <a href="https://legaldaily.com.cn/misc/2006-06/28/content_342340.htm">Web site</a> on August 18, 2006. |
Compulsory Education Law
August 18, 2006
The following text was retrieved from the Ministry of Education <a href="https://www.moe.edu.cn/edoas/website18/info20390.htm">Web site</a> on August 18, 2006. |
Shandong Province Regulation on the Management of Religious Affairs (As Amended November 25, 2004) (Chinese Text)
August 18, 2006
The following text was retrieved from the Rongcheng City United Front Department <a href="https://www.rongcheng.gov.cn/bm/tzb/showart.asp?id=183">Web site</a> on May 8, 2006. |
Hebei Province Regulation on Halal Foods Management (Chinese Text)
August 18, 2006
The following text was retrieved from the <a href="https://www.hebmzt.gov.cn/law/matter.jsp?id=29">Web site</a> of the Hebei Office of Ethnic and Religious Affairs on November 22, 2005. |
Chengdu City Provisions on Halal Foods Management (Chinese Text)
August 18, 2006
The text was retrieved from the Chengdu city government <a href="https://www.chengdu.gov.cn/law/detail.jsp?id=822">Web site</a> on November 22, 2005. |
Jilin Province Regulation on Halal Foods Management (Chinese text)
August 18, 2006
The following text was retrieved from the People's Government of Jilin Province's <a href="https://www1.jl.gov.cn/zwxx/fggz/dffg/sjdffg/t20051104_61785.htm">Web site</a> on February 16, 2006. |
Regulations on Compensation for Land Requisitioning and Resettlement of Migrants in the Construction of Large- and Mid-Sized Irrigation and Plumbing Projects (Chinese Text)
August 15, 2006
The following text was retrieved from the Procuratorial Daily <a href="https://www.jcrb.com/zywfiles/ca537364.htm">Web site</a> on August 15, 2006. |
Interim Provisions on the Administration of Those Employed as News Reporters and Editors (Chinese Text)
August 15, 2006
The following text was retrieved from the Jingmen city, Hubei Province Administration of Radio, Film, and Television Web site on August 15, 2006. |
Regulation on Inner Mongolia Autonomous Region Mongolian Language Work (Chinese Text)
August 8, 2006
The following text was retrieved from the Genhe municipal <a href="https://www.genhe.gov.cn/html/zwgs_20050611.htm">Web site</a> on February 14, 2006. |
Amendments to the Organic Election Law for the National People's Congress and Local People's Congresses
August 1, 2006
The following text was retrieved from the Xinhua <a href="https://news.xinhuanet.com/zhengfu/2004-10/28/content_2147272.htm">Web site</a> on August 1, 2006. |
Urgent Plea to the Standing Committee of the NPC, the Standing Committee of the Shandong People's Congress, the SPP, the Shandong People's Procuratorate, the Ministry of Supervision, and the Shandong Supervision Bureau (CECC Full Translation)
August 1, 2006
The following is a translation prepared by the Congressional-Executive Commission on China of a public plea from Chinese rights defenders and Chen's family to the Standing Committee of the National People's Congress, the Standing Committee of the Shandong People's Congress, the Supreme People's Procuratorate, the Shandong People's Procuratorate, the Ministry of Supervision, and the Shandong Supervision Bureau, dated July 13, 2006. The Chinese text was retrieved from a July 13 Chinese Rights Defenders <A HREF="https://crd-net.org/Article_Show.asp?ArticleID=1639">posting</A>.<HR> Standing Committee of the National People's Congress and Standing Committee of the Shandong People's Congress: People's Republic of China Supreme People's Procuratorate and Shandong Province People's Procuratorate: People's Republic of China Ministry of Supervision and Shandong Province Supervision Bureau: From late 2004 to early 2005, in order to pursue career advancement and acquire funds, three districts and nine counties in Linyi city, Shandong province, launched a large-scale, barbaric population planning campaign, taking people into custody, beating people, imprisoning people, forcing people to undergo tubal ligation, forcing people to have abortions, holding forced education sessions, and collecting education fees. A large group of women and their husbands and families came under violent attack and economic suppression, some of which even led to families breaking up. Chen Guangcheng, a man who is blind in both eyes, a civil rights defender, a villager from Dongshigu village in Shuanghou town, Yinan county, Linyi city, has long been engaged in rights defense work for the disabled. After he learned about the barbaric population planning campaign taking place in the Linyi region, he and his wife launched an investigation in January 2005 into the illegal local population planning campaign, and demanded the local government to strictly enforce the Population and Family Planning Law of the People's Republic of China and to govern in accordance with the law. At that time they also provided legal aid to rural victims. In July of that year, when Chen Guangcheng sought help from friends in Beijing, a group of scholars and lawyers went to Linyi, conducted an investigation into the illegal actions of the local government, and posted the results of the investigation on the Internet. The National Population and Family Planning Commission sent personnel to Linyi to investigate and confirmed through a press conference that Linyi's population planning included serious violations of law, and publicly announced that "a group of law-violating personnel have been investigated." The combined efforts of Chen, some victims, and many others, caused the rights-violating violent population planning acts of Linyi to be exposed to the world, which compelled local authorities to restrain their rights-violating actions, and forced them to give a certain amount of compensation to some of the victims. The lawful rights defense activities of Chen Guangcheng and the villagers drew the fear and hatred of local authorities. As a result, Linyi city and Yinan county authorities did not hesitate to employ state machinery and various resources to cover up the truth by obstructing further rights defense efforts by victims, and to shirk the legal responsibility that they should have borne. From August 2005 until now, they have used surveillance, threats, restrictions on personal freedom, and other illegal methods to suppress Chen Guangcheng and other rights defenders and sympathizers. Beginning on August 12, 2005, Chen Guangcheng and his wife were placed under house arrest in their home in Dongshigu village, Shuanghou town, Yinan county, Shandong province. On August 25, Chen Guangcheng took advantage of the negligence of the personnel executing his house arrest to flee his village and rush to Shanghai and Nanjing, and finally to Beijing. In Beijing, he was surrounded by Linyi officials many times, and nearly held hostage several times. On the afternoon of September 6, 2005, while in the home of a friend in Beijing, six plainclothes security officers claiming to be public security officers from Yinan county, Shandong province, took Chen Guangcheng away, and locked him up in the Yinan County Detention Center without any legal process whatsoever. Chen Guangcheng went on a hunger strike for 26 hours. On September 7, police returned Chen Guangcheng to his home and placed him under strict surveillance, depriving him of his freedom of movement. On September 9, Chen Guangcheng's home telephone and computer were cut off, his computer was taken away, and his relatives and friends were prohibited from entering Chen Guangcheng's home. The next day, his cell phone signal was cut off, and Chen Guangcheng lost contact with the outside world. On the afternoon of September 23, Chen Guangcheng was detained again, and public security personnel ransacked his home until 10 p.m. From September 6 on, the Linyi police's illegal house arrest of Chen and his family extended for 186 days! On October 4, 2005, Xu Zhiyong and three others went to Linyi, Shandong, to visit Chen Guangcheng, and lawyer Li Fangping and university professor Xu Zhiyong were <A HREF="/pages/virtualAcad/index.phpd?showsingle=25619">beaten</A> by local cadres and thugs. On October 24, when Chen Guangcheng's friends traveled from other areas to visit Chen Guangcheng, local police prevented them from seeing him and Chen Guangcheng was <A HREF="/pages/virtualAcad/index.phpd?showsingle=27228">beaten</A> severely by local cadres and thugs. On December 27, Chen Guangcheng's wife, Yuan Weijing, was also beaten by these guards. On March 11, 2006, local police took into custody Chen Guangcheng and three other villagers, Chen Gengjiang, Chen Guangdong, and Chen Guanghe, under the pretext of interrogating them about traffic obstruction and, without legal process, illegally detained Chen and the three villagers beyond the time limit established by law for interrogation. From March 12 to March 14, Yinan county public security personnel visciously tortured Chen Guangcheng, depriving him of sleep for three days. For this reason, he went on a hunger and water strike to protest. On May 8, when the lawyer retained by Chen Guangcheng's family asked the local police to meet with Chen Guangcheng, local police actually flatly denied that they had detained Chen Guangcheng, and the police prevented the other lawyers from meeting with the three arrested villagers Chen Guanghe, Chen Gengjiang, and Chen Guangdong. By June 10, 2006, the Yinan County Public Security Bureau had held Chen Guangcheng in illegal detention for 89 days. During that time, the Yinan county public security bureau did not provide his family any information on his situation, such as the reason for, or location of, his detention, and ignored repeated inquiries from Chen Guangcheng's family. Now it has been verified that before April 2, Chen Guangcheng was illegally held in Yinan county's Victoria Resort, and that before he was formally transported to the Yinan County Detention Center from April 2 to June 11, he was illegally held in custody at a people's police training center by dozens of town government and public security personnel. At the same time, local police also have created disturbances, cooked up charges, and abused their authority, on many occasions summoning for questioning and detaining various local rights defenders and sympathizers. So far, villagers Chen Guangdong, Chen Guanghe, and Chen Gengjiang have been detained and arrested on charges of suspected "intentional destruction of public property." On June 11, 2006, Chen Guangcheng's wife Yuan Weijing received a notice from the Yinan police sent by registered mail. The notice said that Chen Guangcheng had been criminally detained by the Yinan County Public Security Bureau on June 10 on charges of "intentional destruction of property" and "gathering people to disturb traffic order," and that he was at that time detained at the Yinan County Detention Center. What needs to be clarified is that the Yinan police's criminal detention of Chen Guangcheng was carried out only after 6 months of house arrest and 89 days custody in a detention center without any legal process. A group of rights defenders in Beijing had planned to hold a conference to "call attention to Chen Guangcheng" for volunteers on the afternoon of June 19 to announce relevant information to the outside world. But authorities from Linyi, Shandong, did everything they could think of to stop the conference. On June 20, news spread from Beijing that Chen Guangcheng's elderly mother and three-year-old child had been kidnapped in Beijing. On the morning of June 21, police from Linyi, Shandong, sent the elderly woman and the child to Chen Guangcheng's hometown in Yinan county, and placed them under house arrest in the county town Communist Party school, which is the house of Chen Guangcheng's relative, arranging for many individuals to guard them and not allowing the elderly woman or the child to go out, not even to see a doctor for an illness. On June 21 the Yinan County Public Security Bureau announced the <A HREF="/pages/virtualAcad/index.phpd?showsingle=59611">arrest</A> of Chen Guangcheng. On June 23 the lawyers supplying Chen Guangcheng with legal services, Li Jinsong and Li Subing, were surrounded and attacked by about 20 unidentified assailants at the entrance of Chen's home village. They were beaten and forcibly pushed into a car as the cars that had followed them stood by. Cheng Hai and Meng Xianming, the two lawyers providing legal services to the other villagers, were also surrounded and attacked by more than 10 unidentified assailants as they were there carrying out their work, preventing the lawyers from being able to work and posing a great threat to their safety. Afterward, when Huang Kaiguo, Li Kechang, and Cheng Hai, the three lawyers providing legal services to the three arrested villagers, arrived in Yinan county, Shandong, they were followed by an unmarked car in Yinan county and openly beaten in the street by unidentified thugs. After the lawyers were attacked, they immediately dialed 110 and 120, but police took the lawyers away for questioning. What's strange is that the police found various reasons to lock up the three beaten lawyers at the public security bureau, and would not allow them to leave, preventing these lawyers from being able to perform any work. What's even more hateful is that, at 9:41 p.m. that night, dozens of thugs burst into the public security bureau, openly seized the lawyers' camera equipment, and forcibly smashed them to pieces in front of the police. But the local police did absolutely nothing even as the thugs committed criminal acts. We believe that Linyi authorities' protracted illegal restrictions on the personal liberty of Chen Guangcheng and other local rights defenders constitute a severe violation of China's Constitution, relevant laws, and the international human rights standards that the Chinese government has already committed to. We believe that the central government and judicial agencies at various levels bear irrefutable responsibility for the long-term lack of resolution of these serious problems. We ask that the central government carry out its constitutional obligation of respecting and protecting human rights, and that judicial agencies exercise their right to judicial independence, as declared by law, to impartially consider the illegal actions of local law enforcement agencies' arbitrary detention of Chen Guangcheng, quickly restore the personal liberty of Chen Guangcheng and the other villagers, and in accordance with the law investigate the legal responsibility of those who violated people's rights. The rights of citizens are sacred and inviolable. When the government violates the rights of citizens, the methods that citizens have to obtain relief to defend their rights are appealing to authorities using petitions, and filing administrative supervision and judicial lawsuits. At the same time, the government's most important responsibility is to safeguard and defend human rights. This also constitutes a necessary source of the government's legitimacy. But until now, all of the illegal and rights-violating actions of the authorities in Linyi, Shandong are in opposition to the citizens, are a declaration of war on the rule of law, and are also in opposition to the state! In the modern administration of justice, the lawyer plays an important role in defending judicial impartiality and promoting judicial progress. As a unique profession under a society with the rule of law, its function is irreplaceable and its role indispensable, and thus the professional rights of lawyers are also sacred and inviolable. The treatment of lawyers and their professional rights reflects upon a nation's and society's degree of civilization and its level of rule of law. In the "Linyi population planning rights defense" case, the lawyers retained by the litigant defied hardships and dangers, respected their duties, and carried out their responsibilities. But in order to achieve their own hidden agendas, and to continue their own illegal acts and consolidate their illegal objectives, authorities in Linyi, Shandong, not only erected obstacles, exerted pressure, and intimidated and threatened to further violently obstruct and crudely interfere with the lawyers in the normal course of their performance of their duties, but ultimately progressed to the point of using the methods of organized crime and assaulted the lawyers. Such illegal actions violate the professional rights of lawyers and shake the foundation of the nation's administration of justice; they openly and severely challenge the nation's rule of law, and should lead to great caution and resolute resistance by the state and by society. In response to the severe battle waged by authorities in Linyi, Shandong, in violating, in the name of the so-called "law," the rights of citizens that are protected by the Chinese Constitution and laws, Chinese rights defense volunteers and Chen Guangcheng's family members issue this urgent appeal to national authorities and judicial and procuratorial agencies: We ask the Standing Committee of the National People's Congress, the Standing Committee of the Shandong People's Congress, the Supreme People's Procuratorate, the Shandong People's Procuratorate, the Ministry of Supervision, and the Shandong Supervision Bureau to promptly form a "special issue" investigation committee, in accordance with the provisions of the Chinese Constitution and laws, to immediately begin investigative procedures into and launch legal supervision of the severe violations of the human rights of Chen Guangcheng and other villagers, and of the illegal and criminal acts of using the methods of organized crime to beat lawyers. We raise the following as the legal basis of our urgent appeal: (1) Article 41 of the Constitution of the People's Republic of China: "Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. In case of complaints, charges, or exposures made by citizens, the state organ concerned must deal with them in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges, and exposures, or retaliate against the citizens making them." (2) Article 3, Clause 3 of the Constitution of the People's Republic of China: "All administrative, judicial, and procuratorial organs of the state are created by the people's congresses to which they are responsible and under whose supervision they operate." (3) Article 71 of the Constitution of the People's Republic of China: The National People's Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports. All organs of state, public organizations, and citizens concerned are obliged to supply the necessary information to those committees of inquiry when they conduct investigations. (4) Article 44, Clause 1 of the Organic Law of the Local People's Congresses and the Local People's Governments of the PRC: "The standing committee of a local people's congress at or above the county level shall exercise the following functions and powers ... (6) to supervise the work of the people's government, people's court, and people's procuratorate ... and to receive and handle accusations and complaints from the people against the above-mentioned organs and state functionaries." (5) Articles 129 and 131 of the Constitution of the People's Republic of China mandate: The people's procuratorates of the People's Republic of China are state organs for legal supervision, people's procuratorates shall, in accordance with the law, exercise procuratorial power independently and are not subject to interference by administrative organs, public organizations or individuals. (6) Article 5, Clause 3 of the Organic Law of the People's Procuratorate of the People's Republic of China: "Supervision should be implemented in cases regarding the lawfulness of public security organs' investigations." (7) Article 13, Clause 2 of the Organic Law of the People's Procuratorate of the People's Republic of China: "When the people's procuratorate finds that a public security organ's investigative activities have circumstances of illegality, it should notify and correct the public security organ." (8) Article 42 of the People's Police Law of the People's Republic of China: "The people's police should carry out their responsibilities and accept ... the supervision of the people's procuratorate in accordance with the law." (9) Article 18, Clause 1 of the Administrative Supervision Law: When carrying out the function of supervision, procuratorial agencies should perform the following responsibilities: (1) "Inspect state administrative organs' observance and implementation of laws, measures, and decisions, and the issues pertaining to decisions and directives of the people's government." (10) Article 23, Clause 1 of the Administrative Supervision Law: "On the basis of the results of inspections and investigations, supervision organs may raise supervision recommendations where one of the following situations arises: (1) refusal to implement laws or measures, or violating laws or measures, or decisions or directives of the people's government, shall be rectified." We respectfully ask the ministries listed above to carry out their duties as established by law, and in accordance with constitutional law and relevant regulations, to launch quickly an investigation into the series of law-violating and rights-violating actions carried out by the Linyi authorities, and convene promptly a meeting of the National People's Congress Standing Committee to launch legal supervision of authorities in Linyi, Shandong and pass an impartial resolution, all in order to investigate the legal responsibility of the relevant responsible persons, give to the victims the outcome of an impartial process, and restore the confidence of numerous citizens in China's establishment of rule of law. Respectfully, July 13, 2006 Rights Defenders Net People's Livelihood Monitor Empowerment and Rights Institute Li Baiguang, legal worker, Beijing Teng Biao, legal scholar, lawyer, Beijing Zhang Zuhua, constitutional governance scholar, Beijing Ai Xiaoming, female research scholar, Guangzhou Zhao Dagong, freelance writer, Guangdong Liu Zhengyou, civil rights defender, Sichuan Wang Zhijing, freelance writer, Beijing Jiang Tianyong, lawyer, Beijing Du Daobin, freelance writer, Hubei Wan Yanhai, common worker, director of "Love of Knowledge and Action Research Institute," Beijing Marie Holzman, China Solidarity, Paris, France Media please contact: admin@chinese-rights-defenders.net, Chineserd@gmail.com Appendix: Partial list of those suspected of being responsible for forced population planning and those suspected of persecuting Chen Guangcheng and others Li Qun: Party Secretary of Linyi city, Chairman of Linyi Local People's Congress. Suspected originator, organizer, plotter, and director of the forced population planning in Linyi; the person who benefited the most from carrying out the persecution of Chen Guangcheng and others who exposed the truth. Lian Chengmin: Mayor of Linyi city. Li Honghai: Member of Linyi Municipal Party Committee Standing Committee, Secretary of the Politics and Law Commission. Liu Jie: Deputy Mayor of Linyi city, Director of Linyi Public Security Bureau. Suspected organizer, plotter, and director of Chen Guangcheng's kidnapping and illegal detention, and suspected organizer, plotter, and director of the Linyi forced family planning victims' persecution. Yang Aihua: Director of the Municipal Population and Family Planning Committee, President of the Municipal Population Planning Association. One of the parties suspected of being responsible for the forced population planning in Linyi. Yang Rongsan: Party Secretary of Yinan county. Suspected of being responsible for forced population planning in Yinan, suspected of being responsible for persecuting Chen Guangcheng. Xu Feng: Head of Yinan county. Suspected of being responsible for forced population planning in Yinan, suspected of being responsible for persecuting Chen Guangcheng. Hu Yong: Member of Yinan county Party Committee Standing Committee, Secretary of the Politics and Law Commission. Zhou Shaohua: Deputy Secretary of the Yinan county Politics and Law Commission, suspected of directing the persecution of Chen Guangcheng, and alleged to have ordered many assaults on people. Zhu Maochen: Director of Yinan county Public Security Bureau. Suspected of being primarily responsible for the unwarranted arrest of forced population planning victims in Yinan. Guo Qi: Former Party Secretary of the Shuanghou township Party Committee. Suspected of actively persecuting Chen Guangcheng and others. He Zuohai: Party Secretary of Shuanghou township Party Committee. Allegedly persecuted Chen Guangcheng even more severely than his predecessor. Zhu Hongguo: Head of Shuanghou township. Zhang Jian: Deputy Secretary of Shuanghou township Party Committee. Suspected of specifically directing the persecution of Chen Guangcheng and others, as he ordered beatings of people many times. Yin Jikao: (female) Director of Shuanghou township Family Planning Office. Alleged leader of the assault on February 5. Li Xiangan: Suspected of leading warden during Chen Guangcheng's illegal custody. Allegedly personally led assaults and beatings many times. Xia Fatian (pronunciation), Deputy Secretary of Shuanghou township, Yinan county. Zhao Feng, Deputy Head of Shuanghou township, Yinan county. Liu Shanyuan (pronunciation), leader of Yinan county public security bureau public security brigade. |
Law of the People's Republic of China on a Common Spoken and Written Language (Chinese Text)
August 1, 2006
The following text was retrieved from the Xinjiang Uighur Autonomous Regional Working Committee of Minorities' Language and Writing <a href="https://www.xjyw.gov.cn/han/zhengcefagui/zhf-gojia.htm">Web site</a> on August 1, 2006. |
Xinjiang Uighur Autonomous Region Regulation on Written and Spoken Language Work (Chinese Text)
August 1, 2006
The following text was retrieved from the Xinjiang Uighur Autonomous Regional Working Committee of Minorities' Language and Writing <a href="https://www.xjyw.gov.cn/han/zhengcefagui/zhf-tiaoli2.htm">Web site</a> on August 1, 2006. |
Opinion of the Xinjiang Uighur Automous Region People's Government Concerning the Vigorous Promotion of "Bilingual Education" Study and the Further Strengthening of Work on Spoken and Written Languages (Chinese Text)
August 1, 2006
The following text was retrieved from the Xinjiang Uighur Autonomous Regional Working Committee of Minorities' Language and Writing <a href="https://www.xjyw.gov.cn/han/zhengcefagui/%5B2004%5D64shuangyuxuexi.htm">Web site</a> on August 1, 2006. |