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滕彪文集
·滕彪:维权、微博与围观:维权运动的线上与线下(下)
·达赖喇嘛与中国国内人士视频会面问答全文
·台灣法庭初體驗-專訪滕彪
·滕彪:中国政治需要死刑作伴
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·强烈要求释放丁红芬等公民、立即取缔黑监狱的呼吁书
·The Confessions of a Reactionary
·浦志强 滕彪: 王天成诉周叶中案代理词
·选择维权是一种必然/德国之声
·A courageous Chinese lawyer urges his country to follow its own laws
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·对《集会游行示威法》提起违宪审查的公开建议书
·对《集会游行示威法》提起违宪审查的公开建议书
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·因家暴杀夫被核准死刑 学界联名呼吁“刀下留人”
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·Activist’s Death Questioned as U.N. Considers Chinese Rights Report
·Tales of an unjust justice
·打虎不是反腐
·What Is a “Legal Education Center” in China
·曹雅学:谁是许志永—— 与滕彪博士的访谈
·高层有人倒行逆施 民间却在不断成长
·让我们记住作恶的法官
·China’s growing human rights movement can claim many accomplishments
·總有一種花將會開遍中華大地/郭宏治
·不要忘记为争取​自由而失去自由的人们
·Testimony at CECC Hearing on China’s Crackdown on Rights Advocates
·Tiananmen at 25: China's next revolution may already be underway
·宗教自由普度共识
·"Purdue Consensus on Religious Freedom"
·Beijing urged to respect religious freedom amid ‘anti-church’ crackd
·“中共难容宗教对意识形态的消解”
·非常规威慑
·许志永自由中国公民梦不碎
·滕彪维园演讲
·Speech during the June 4th Vigil in Victoria Park in Hong Kong
·坦克辗压下的中国
·呂秉權﹕滕彪赤子心「死諫」香港
·【林忌评论】大陆没民主 香港没普选?
·曾志豪:滕彪都站出來,你呢?
·June 2014: Remembering Tiananmen: The View from Hong Kong
·The Strength to Save Oneself
·讓北京知道 要甚麼樣的未來/苹果日报
·否認屠殺的言論自由?
·Beyond Stability Maintenance-From Surveillance to Elimination/Teng bia
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·From Stability Maintenance to Wiping Out/Teng biao
·自由不是一個禮物,而是一個任務
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·VOA时事大家谈:维权/维稳
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·« Révolution des parapluies » contre Pékin / Teng biao
·We Stand With You
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·中国维权运动的历史和现状
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·China’s Unstoppable Lawyers: An Interview With Teng Biao
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·Hongkong: the Unbearable Weight of the Revolution
·Courts are told what decision to make in important cases
·RISKY BUSINESS fighting for Human Rights in China
·藏族、維吾爾族、南(内)蒙古族以及漢族活動人士的聯合聲明
·A STATEMENT OF SOLIDARITY FROM A TIBETAN, UYGHUR, SOUTHERN MONGOLIAN,
·The Supremacy of the Constitution, and Freedom of Religion
·如果有人倾听你对 昨夜梦境的复述(诗四首)
·China’s Empty Promise of Rule by Law
·Sensing subversion, China throws the book at kids' libraries
·VOA时事大家谈:中国司法不独立,如何进行司法改革?
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·浦志强、滕彪:李保华诉周国平名誉权纠纷案代理词
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Innocence project movement in China rises to aid the wrongfully convic

   http://www.abajournal.com/magazine/article/innocence_project_movement_in_china_rises_to_aid_the_wrongfully_convicted/
   
   
   POSTED DEC 01, 2015 02:30 AM CST
   


   BY ANTHONY LIN
   
   
   1
   
   China's death penalty train, widely believed to be the world's most active, is showing some signs of slowing down. And domestic innocence projects may be having an effect, though small, on getting wrongful convictions in capital crimes overturned.
   
   China may execute more people every year than the rest of the world combined. Amnesty International believes that to be the case—though it declines to estimate how many executions are carried out because it is pushing China to reveal the figure, currently a state secret. The Dui Hua Foundation, a San Francisco-based human rights group, reckons 2,400 people received the death penalty in China in 2013. That compares to 369 in Iran, the next-highest in executions, and 39 in the United States.
   
   Dui Hua estimates the 2013 figure was down 20 percent from 2012. The Chinese government is considering a reduction in the number of offenses eligible for capital punishment from 55 to 46. And innocence projects are arising to push for the exonerations of those who have been wrongfully convicted of capital crimes.
   
   SHOCK TO THE SYSTEM
   
   “This does seem to be a positive development,” says Amnesty International’s China researcher, Patrick Poon, who adds that “the Chinese government sees the global trend” away from capital punishment.
   
   Part of that trend has been recognizing the possibility of wrongful convictions. Ira Belkin, executive director of the U.S.-Asia Law Institute at New York University School of Law, says the Chinese criminal justice system was shocked to the core in 2005 and again in 2010, when people thought to be victims of two men convicted of murder turned up alive and well.
   
   “A system which had held itself out as more or less infallible and considered itself to be focused on substantive justice—as opposed to the Western preoccupation with procedural justice—all of a sudden was shown to be capable of making very fundamental substantive mistakes,” Belkin says. “The government responded by acknowledging the problem, enacting some new rules on excluding unlawfully obtained evidence, and created space for Chinese lawyers to propose ways to prevent and redress wrongful convictions.”
   
   Lawyers like Shandong-based Li Jinxing and Xu Xin, a professor at the Beijing Institute of Technology, began launching domestic innocence projects, modeled after the one started in the U.S. by Barry Scheck and Peter Neufeld in 1992, to try to overturn wrongful death penalty convictions. They have scored some notable successes, winning exonerations in 2014 for four men accused of bombing a Communist Party office, as well as a man accused of poisoning his neighbors. In both cases, the defendants claimed confessions were obtained through the use of torture.
   
   But making these cases is far from straightforward. Though China’s Supreme People’s Court can review death penalty cases, that power is completely discretionary. Poon says lawyers just send submission after submission to the courts, hoping something will eventually jar the court’s interest. They typically try to enlist the news media to help make their case, often by staging protests or publicity stunts.
   
   CORRUPTION REIGNS
   
   Teng Biao, a lawyer who founded China Against Death Penalty in 2010 and is now a visiting fellow with the U.S.-Asia Law Institute, says the rampant corruption and lack of judicial independence in the Chinese legal system are the biggest challenges. “In the United States, if the lawyer can provide powerful evidence, it’s more straightforward to convince judges to overturn a conviction,” he says. “But in China, the judges, prosecutors and police usually already know they are sentencing innocent citizens to death.”
   
   Teng says such sentences come about because Chinese law enforcement officials are under enormous pressure to deliver convictions. In high-profile cases, it may not be possible to apprehend the actual perpetrator within the desired time frame, so authorities arrest someone using flimsy or even fabricated evidence, then torture a confession out of that person. Given such circumstances, there’s little incentive to revisit these cases.
   
   And the official support for these efforts only goes so far. Indeed, the Chinese government has recently intensified its persecution of “rights lawyers,” who it more typically regards as troublemakers, arresting or detaining hundreds of them over the past few months. Those swept up have included a number of lawyers working on death penalty cases. Were he in China now, Teng says, he has little doubt he would be arrested.
   
   Belkin, who recently visited China with Scheck and met many rights lawyers, shakes his head at what’s been happening.
   
   “Using the law to protect the rights of citizens is the most civilized, socially harmonious way of addressing social justice issues,” he says. “Unfortunately, it involves somewhat of a bottom-up approach and inevitably involves a challenge to authority. The current administration seems to prefer a top-down approach and is not tolerant of challenges to its authority or decisions.”
   
   This article originally appeared in the December 2015 issue of the ABA Journal with this headline: “Change in China? Innocence project movement rises to aid the wrongfully convicted.”
(2015/12/23 发表)
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