滕彪文集
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滕彪文集
·American Self-Censorship Association/WSJ
·An interview with China’s foremost rights lawyer Dr Teng Biao
·纽约时报:中国律师新书命运引发在华NGO自我审查争议
·Is China Returning to the Madness of Mao’s Cultural Revolution?
·The Conundrum of Compromise/Robert Precht
·Congress Still Calling Out ABA Over Canceled Book Deal
·No country for academics: Chinese crackdown forces intellectuals abroa
·中共血債大於其他專制國家
·江绪林之死反映中国知识分子精神痛苦唯有自杀寻求解脱
·"THERE WILL ALWAYS BE SOME BRAVE ACTIVISTS WHO REFUSE TO KEEP QUIET"
·“你们全家都是共产党员!”
·滕彪和江天勇获第25届杰出民主人士奖
·访滕彪:中国司法何以如此“高效率”
·'China wacht een revolutie, ik hoop een vreedzame'
·Arrestatiegolf China toont angst van regime
·ENTRETIEN AVEC LE DéFENSEUR DES DROITS DE L'HOMME TENG BIAO
·Le Parti communiste chinois est confronté à une série de crises
·英媒:遭受打击 中国知识分子被迫出国
·709 Crackdown/ Front Line Defenders
·Cataloging the Torture of Lawyers in China
·南海仲裁的法理基础及其对中国的政治冲击
·the Comfort of Self-Censorship
·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
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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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