[发表评论] [查看此文评论]    滕彪文集
[主页]->[独立中文笔会]->[滕彪文集]->[Rewards and risks of a career in the legal system]
滕彪文集
·G20前夕美国家安全顾问会晤中国人权人士
·Chinese dissidents urge Obama to press Xi Jinping on human rights at G
·China blocks major civil society groups from monitoring G20 summit
·Open Letter to G20 Leaders attending the 2016 G20 Summit
·自我审查的自我安慰/滕彪
·细雨中的独白——写给十七年
·Rights lawyers publicly shamed by China's national bar association
·沉默的暴行
·中共“长臂”施压 维权律师滕彪妻子被迫离职
·除了革命,中国已经别无道路
·高瑜案件从一开始就是政治操控
·毛式文革与恐怖主义之异同——国内外专家学者访谈
·最高法维护狼牙山五壮士名誉 学者批司法为文宣服务
·滕彪和杨建利投书彭博社 批评美国大选不谈中国人权议题
·“未来关键运动的发起者可能是我们都不认识的人。”
·政治因素杀死了贾敬龙
·中国维权人士在达兰萨拉与藏人探讨“中共的命运”
·黑暗的2016:中国人权更加倒退的一年
·滕彪談廢死
·滕彪:酷刑逼供背後是国家支持的系统性暴力
·在黑暗中尋找光明
·专访滕彪、杨建利:美国新法案 不给人权侵害者发签证
·海内外民主人士促美制裁中国人权迫害者/RFA
·A Joint Statement Upon the Establishment of ‘China Human Rights Accou
·关于成立“中国人权问责中心”的声明
·Group to Probe China's Human Rights Violations Under U.S. Law
·The Long Reach of China to Silence Its Critics
·王臧:极权主义,不止是“地域性灾难”
·Trump has the power to fight China on human rights. Will he use it?
·纪录片《吊照门》
·「吊照门」事件 引发法界震盪
·脸书玩命想进中国/RFA
·中国反酷刑联盟成立公告
·德电台奖冉云飞滕彪获提名
·中国维权律师:风雨中的坚持
·Harassed Chinese rights lawyer still speaking out on Tibetans’ plight
·Beijing Suspends Licenses of 2 Lawyers Who Offered to Defend Tibetans
·VOA连线:中国反酷刑联盟成立,向酷刑说“不”
·Announcement of the Establishment of the China Anti-Torture Alliance
·Chinese Court Upends 13-Year-Old Rape, Murder, Robbery Convictions
·中共迫害律师的前前后后
·Scholars Return to YLS to Discuss Human Rights Advocacy in China
·Abducted Activists
·中国的民间反对运动与维权运动
·Conversation on China’s human rights: Professor provides first hand a
·Exiled Chinese lawyer says the country is moving toward a new totalita
·VOA时事大家谈:抓律师两高人大邀功,保政权司法第一要务
·滕彪讲述被绑架和单独关押的经历
·Chinese human rights lawyer stresses the duty to resist
·山东“刺死辱母者”案,为何引发民意汹涌?/VOA
·关于审查《城市流浪乞讨人员收容遣送办法》的建议书
·Street Vendor’s Execution Stokes Anger in China
·[video]Academic freedom in the East and Southeast
·海外华人学者成立民主转型研究所VOA
·美国律师协会为受难律师高智晟出书/VOA
·郭文貴爆料,為何中國當局反應強烈?
·杨银波:搞滕彪、李和平,我看不过去
·Chinese Rights Lawyer Strikes Back at ABA Over Scuttled Book/WSJ
·China puts leading human rights lawyer on trial for 'inciting subversi
·丧尽天良,709维权律师李和平被灌不明精神药物!
·709案的秘密審訊——酷刑之後,強迫喂藥
·王全璋:被“消失”的中国人权律师
·李和平等709律师被捕期间遭强迫灌药酷刑虐待
·李明哲案成陸對台籌碼
·川普政府吁中共尊重人权 学者促弃绥靖政策
·从709维权律师审判看盘古氏公司庭审秀 习近平是圣君还是反人类罪犯
· 纪念709,推动首届中国人权律师节
·709将成为〝中国人权律师节〞
·美港台人权组织设立709中国人权律师节
·Announcing the Inaugural China Human Rights Lawyers’ Day
·关于举办首届“中国人权律师节”活动的通告
·Why the West treats China with kid gloves
·首届中国人权律师节征集漫画、海报、短视频
·“访民困境与出路”研讨会
·美国CECC中国人权听证会:中共必须被公开羞辱
·Key Moments from CECC hearing “Gagging the Lawyers”
·Gagging the Lawyers: China’s Crackdown on Human Rights Lawyers and It
·多个人权组织及欧盟呼吁取消对刘晓波的限制/VOA
·709律师节与中国人权现况
·中国人权律师节启动 在笑与泪中纪念“709”两周年
·Chinese human rights lawyers remain defiant despite crackdown
·滕彪/夏业良漫谈法律与维权进程
· 萬人簽署08憲章,為什麼唯獨重判劉曉波
·709抓捕兩週年 律師籲持續國際施壓
·挽劉曉波聯
·The Political Meaning of the Crime of “Subverting State Power”
·滕彪/夏业良:公共知识分子和自由主义
·中国民主前路研讨会/RFA
·中国流亡律师滕彪,要做黑暗中的闪电
·Selected Publications/presentations as of 2017/8
·The Costs and Risks of Fighting for Human Dignity and Freedom
·China faces split into seven parts
· A Call for Investigation Into HNA Group’s Activities in the US and L
·王全璋律师竞逐郁金香人权奖:无畏强权 勇气与付出
·〝维稳〞维到联合国?人权观察批中共
·City of Asylum -Interview
·对中共的绥靖政策已致恶果浮现
·China’s top human rights lawyer in exile to speak at Saint Michael’s
·Activist expats raise voices on China rights crackdown
·A Human Rights Lawyer Lifts the Communist Party’s Spell
·Returning to Revolution
[列出本栏目所有内容]
欢迎在此做广告
Rewards and risks of a career in the legal system

   
   
   By Jamil Anderlini in Beijing
   
   Published: July 24 2008 03:00

   
   Financial Times
   
   
   视频:http://videobeta.aol.com/video-detail/china-beyond-the-games-one-system-two-fates-part-1/1425609966
   
   
   Tao Jingzhou and Teng Biao represent the yin and yang of China's justice system. Both graduated from the prestigious Peking University law school, but they have followed very different career paths and been rewarded in very different ways.
   
   Mr Tao works out of the plush Beijing office of the American law firm Jones Day, where he is a partner. In 1977 he belonged to the first batch of Chinese law students in 20 years. "We didn't have any law books," he says, "because there were hardly any laws in China."
   
   Mr Teng's career, by contrast, has been scraped out of the dark cracks that pervade the criminal justice system, where lawyers are often held responsible for their clients' political crimes.
   
   A 35-year-old from a peasant background, Mr Teng graduated in 2002 with a PhD from Peking University and has since become famous as a defender of the disenfranchised. He was in effect disbarred in June for organising a group of lawyers offering to defend Tibetan protesters arrested in the aftermath of March riots in Lhasa.
   
   Were it not for his principled defence of the downtrodden, Mr Teng would long ago have joined the ranks of China's burgeoning middle classes, who are demanding a legal system that adequately protects their property and individual rights.
   
   That legal system has undergone vast changes. The 82 pioneer law students in Mr Tao's class 30 years ago compare with 300,000 in more than 600 law schools today.
   
   But it remains ill-equipped to handle the increasing demands placed on it. In the past five years, Chinese courts ruled on nearly 32m cases, more than two-thirds of which were civil or economic cases brought by companies or individuals.
   
   The realities of living in a totalitarian statealso lend uncertainty to the legal system. Opportunities abound for powerful individuals to intervene, says He Weifeng, an outspoken legal professor at Peking University.
   
   "Actually, there is no real legal system in the western sense in China," he declares.
   
   Enforcement of existing legislation is often lax - something that becomes apparent when you compare China's excellent environmental laws with the reality outside the window or read the country's constitution, which guarantees all citizens freedom of religion, freedom of speech and freedom of political association.
   
   In criminal cases and high-profile civil cases, political interference is rife, while in smaller cases bribing judges and prosecutors is the norm.
   
   "The biggest problem with China's legal system is that politics and the law are not separate," says Mr Teng. "An independent judiciary is not possible under the current system because the law is regarded as a tool to serve the party."
   
   Every court includes a special Communist party committee with the power to overrule it in "political" cases. In smaller towns it is often headed by the local police chief, in effect making the court a subsidiary of the police department.
   
   Mr Tao argues those problems are mild compared with the aftermath of the Cultural Revolution, when he began his studies.
   
   When he landed at the new Peking University law school its very existence was a "state secret" and only children with suitably "red" backgrounds could attend. Most of his professors were just back from the countryside or labour camps, where they were sent during Mao Zedong's brutal anti-rightist campaign that virtually ended the legal profession in China in the late 1950s.
   
   After studying and practising law in France for years, Mr Tao returned in the early 1990s to what is now a thriving practice working for international companies seeking to invest in China.
   
   Since his return the legal profession has undergone another revolution. In the 1980s most judges were former civil servants or military officers who had never studied the law.By 2005, the last time the government released figures, just over half of China's judges held bachelor degrees or above, up from just 7 per cent a decade earlier.
   
   Mr Teng's path remains very different. From his tiny office on the outskirts of Beijing, he barely makes a living defending China's untouchables - Fa/ln G/ong practitioners, dissidents and organisers of non-stateapproved Christian churches. The government requires lawyers to renew their practice licences annually and often refuses to renew them for "troublemakers" such as Mr Teng.
   
   He is not just risking his career. During the March annual meeting of China's rubber-stamp parliament he was grabbed off the street, bundled into an unmarked car and hooded before being driven to an unknown location. There he was interrogated and threatened for two days before being returned to town.
   
   His assailants never identified themselves but Mr Teng suspects they were state security agents, as they repeatedly threatened to put him in prison if he continued to write articles criticising the government and legal system.
   
   But he remains undeterred. "I've paid a huge price for my work but not enough to make me quit yet," he says. "I have to continue because there are so few . . . lawyers who are willing to take these cases."

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场