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Cambridge University Press 978-1-107-16241-9 — Criminal Defense in China Sida Liu , Terence C

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Cambridge University Press 978-1-107-16241-9 — Criminal Defense in China Sida Liu , Terence C Cambridge University Press 978-1-107-16241-9 — Criminal Defense in China Sida Liu , Terence C. Halliday Index More Information Index accessing case files, 44, 50, 53–55 types of costs paid by, 91 difficulties in for economic or white collar WeChat use by, 75, 158 crimes, 61 women, 96 interview data on, 51 actor mismatch, 5, 22, 39 ACLA Criminal Law Committee, 35, 36, 86 Ai Weiwei, 94, 160 ACLA forum, 52, 59, 145, 167 All China Lawyers Association (ACLA), 14, 21 decline of, 152 Ma Kedong case and, 69 lawyer persecution cases on, 45 silence of during Li Zhuang case, 70 Lawyer SOS case, 45–46, 59 American Bar Association (ABA), 38, 161 political liberalism on, 145–148 Rule of Law Initiative (ROLI), 163 rule of law on, 146 Amnesty International, 161, 163, 166 ACLA Regulation on Lawyers’ Handling of China Human Rights Lawyers Concern Criminal Cases (1999), 67 Group, 166 acquittal rates in criminal cases, 34 Anglo-American adversarial trial system, 54 activist lawyers, 70, 160, 171, See also legal Anglo-American law, 24 complex; motivations of activist lawyers; Anhui Law Firm, 45, 46, 92, 110, 113 notable activists; weiquan lawyers anti-black campaign, 124, 140 2012 CPL and, 40 Article 306, 40, 44, 45, 132, See also Big activist community in Beijing, 113 Stick 306 BLA election movement of 2008 and, 107–112 Article 306 of the 1997 Criminal Law, 29 black mafia and, 95 Article 307, 45 Christian, 104–106, 114–115, 120 Article 33 (2012 CPL), 39 courage of, 120 Article 34 (2012 CPL), 39 defined, 90 Article 38 of the 1996 CPL, 29 domestic networking strategies of, 112–115 Article 73 (2012 CPL), 42 educational trajectories of, 95 assaults, 95 international support institutions for, 115–119, 165 backward movement of legal reform, 122 Internet and social media use by, 173 bar associations, 4, 150, 164, See also All China mobilization on behalf of each other, 98 Lawyers Association (ACLA); American nationwide crackdown on (2015), 159–170 Bar Association (ABA); Beijing Lawyers online international networking of, 160–170 Association (BLA); Chongqing Lawyers paths to activism, 95–99 Association; City Bar of New York; professional sanctions against, 91–92 International Bar Association; Inner repression of by public and state security, Mongolia Lawyers Association (IMLA); 92–94 Lawyers for Lawyers rule of law and, 119 data from, 14 192 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-16241-9 — Criminal Defense in China Sida Liu , Terence C. Halliday Index More Information Index 193 human rights sections of, 162 China Human Rights Lawyers Concern lawyer persecution cases and, 66–71 Group, 160, 166 Li Zhuang case and, 70 China University of Political Science and Law media and, 71 (CUPL), 25 national, 162 China Youth Daily, 131–133 perjury cases and, 68, 69, 70 ChinaPol, 160 political liberalism and, 112 Chongqing Daily, 124 regulatory power transferred to in 2000s, 35 Chongqing Evening Post, 134 basic legal freedoms, 5 Chongqing Lawyers Association, definition of, 3 Li Zhuang case and, 70 fight for, xiv–xv, 173–178 Christian house churches, 97, 114–115, 120 lawyer representation and, 21 Christian lawyers, 97, 101, 103, 104–106, 120 lawyers protection of, 3, 4, 5 domestic networking strategies of, 114–115 lawyer’s pursuit of, 173–178 City Bar of New York, 163 Beihai case, 153–158 civil society, 111, 120, 175 Beijing, as element of political liberalism, 4–5 activist lawyers in, 113 rights consciousness and, 101 Beijing Bureau of Justice (BBOJ), 91, 92, client protection, 57 113, 138 Cohen, Jerome A., 107 professional sanctions and, 91–92 collective action, 3, 144 Beijing Lawyers Association (BLA), call for lawyer’s on online forums, 146 2008 election, 107–112 for basic legal freedoms, xiv–xv, 173–178 Li Zhuang case and, 70 lawyer persecution cases and, 149–151, 173 professional sanctions and, 91–92 of Chinese lawyers against populism, 122, 123 Stern Statement of, 109 of Chinese lawyers in Li Zhuang case, 142–143 Big Stick 306, 1, 44, 45, 57–60, 61, 68, 172, 179 of lawyers against bar associations, 70 criminal defense lawyers on, 57 Three Difficulties and, 172 evidence collection and, 57 collegial help among lawyers, 66–68 Li Zhuang case and, 132 colluding-style lawyers, 9 political embeddedness and professional confession by torture, 32, 34, 39 difficulties and, 60–64 Article 73 of 2012 CPL and, 42 black lawyers, 132 Constitution of the People’s Republic of black mafia, 95 China, 164 black stone lawyer, 157 constitutionalism, xii, 100, 105, 119 blogs, 152 contradictions, See ideological contradictions; Bo Xilai, 9, 123, 124, 140–141 structural contradictions bribery cases, 41, 42 corruption cases in China, 9 courage, of criminal defense lawyers, 120 capacity building, 17 courts, 5, See also Police, Procuracy, and Court cause lawyering, 3, 175 (PPC); trials Chang Boyang, 164 criminal defense lawyers, Chen Guangcheng, 89, 98 as solo practitioners, 145 Chen Guangwu, 154, 155 Big Stick 306 and, 58, 179 Chen Guangzhong, 25 courage of, 120 Chen Weidong, 38 dangers of work for, 29, 57, 87 Chen Xingliang, 34 earlier careers with PPC and, 82–85 Chen Youxi, 133 harsh conditions for, 1–2 Cheng Guangcheng, 118 interview data on motivations of, 79 Cheng Kejie, 69 motivations and political values of (in major Chi Susheng, 154 cities), 85–87 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-16241-9 — Criminal Defense in China Sida Liu , Terence C. Halliday Index More Information 194 Index criminal defense lawyers (cont.) procuracy and, 39, 40, 41 motivations of (smaller cities), 79–85 recursivity and, 40–42 nationwide crackdown on (2015), 159–170 Cullen, Richard, 90 participation in police interrogation, 37 Cultural Revolution, 20 political values of (smaller cities), 79–85 professional difficulties in everyday work for, data collection, 11, 14 60–64 ACLA forum and, 145 pursuit of basic legal freedoms by, 173–178 death penalty cases, 23 restraint of state power and, 4 Deng Xiaoping, 21 criminal justice law, detentions, 58 before 1979, 18–21 Internet and media and, 160 imbalance of power in justice system, 147 diagnostic struggles, 18 Criminal Law (1997), 1, 44 die-hard lawyers, 9, 10, 70, 123, 144, 157, 160, Criminal Procedure Law, 11, 17, 19 168, 175, 177 Article 36 of, 36 social media and, 153–158 striking crimes versus protecting citizens’ disappearances, 89, 93–94, 95, 113, 168 legal rights, 83 Internet and media and, 160 Criminal Procedure Law (1979), 21–24, 179 of political dissidents, 40 lawyer’s participation in, 35 of Wang Yu, 158–160 police and, 23 domestic networking strategies, 112–115 procuracy and, 23, 24 Criminal Procedure Law (1996), 37 economic crimes, 61 client protection and, 57 educational trajectories of activist lawyers, 95 evidence collection and, 56 elite mobilization, 7, 16, 144 human rights and, 34 of Chinese lawyers in Li Zhuang case, ideological contradictions in, 28 142–143 ideological contradictions inherent in, 26, 27 entry points implementation of, 29–34 of notable activist lawyers, 99 lawmaking process of, 24–29 European Union, 161 lawyer arrests after, 29 everyday political lawyering, 83 lawyers difficulty in meeting suspects, 30 everyday work, 44, 171, 172, 173 lawyers difficulty in meeting suspects struggles in, 42, 60–64 and, 30 evidence collection, 44, 56–57, 62 lawyer’s participation in, 35 1996 CPL and, 56 police and, 27, 29, 30, 31 2012 CPL and, 40 procedural rights of criminal suspects and Big Stick 306 and, 57 defendants in, 34 collegial help among lawyers and, 67 procuracy and, 27, 29, 31, 32 exclusion of illegal evidence, 32, 42, 156 state secrets in, 28, 30 falsification and, 57 structural contradictions in, 27 interview data on, 50 trial system change in, 54 Li Zhuang and, 124 Criminal Procedure Law (2012), 34–40 recursivity and, 42 accessing case files, 53–55 exemption from prosecution, 24, 26 Big Stick 306 and, 60 evidence collection and, 40, 56–57 Falun Gong, 101, 102, 103 human rights and, 40 Fang Ligang, 154 lawyer’s meeting with suspects and, 44, 53 Fengrui law firm, 92, 113, 160, 163 lawyer’s perjury and, 40 Four Comprehensives, 163 lawyer’s participation in, 35 freedom of religion, 102–104 legal proceduralism and, 40 freedom of speech, 102–104 police and, 39, 40 Fu, Hualing, 90 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-16241-9 — Criminal Defense in China Sida Liu , Terence C. Halliday Index More Information Index 195 Gang of Four trial, 122, 143 international legal complex, 162 Gao Zhisheng, 89, 98, 118 international mobilization, Gao Zicheng, 133 social media and Internet and, 163 Global Law Firm, 92, 98, 113 International Olympic Committee, 164 global networks of lawyer, 158 international practices and global standards, 38 Gong Gangmo, 124 international religious organizations, 116 Gong He Law Office, 151 international support institutions, 115–119, 165 grassroots activists, 8, 10, 145, 172 Internet, 5, 75, 173, See also media; online media use by, 74, 78 mobilization; social media reform and, 83 grassroots activist lawyers use of, 172, 173 Guangdong Provincial Lawyers international mobilization and, 163 Association, 69 lawyer disappearances and detentions Guangzhou Municipal Lawyers and, 160 Association, 69 Li Zhuang on Tianya (online forum) guerrilla policy style, 94 and, 134 interview data, 12, 45, 65 heroic lawyering, 83, 148 notable activists, 90, 95, 120 house church, 97 on criminal defense work as choice despite Huang Yabin, 58 dangers, 79 Huarui
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