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RR RUEHCN RUEHGH RUEHVC
DE RUEHGZ #0806/01 1970751
ZNR UUUUU ZZH
R 160751Z JUL 07
FM AMCONSUL GUANGZHOU
TO RUEHC/SECSTATE WASHDC 6270
INFO RUEHOO/CHINA POSTS COLLECTIVE
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RUEAIIA/CIA WASHDC
RUEKJCS/DIA WASHDC

UNCLAS SECTION 01 OF 02 GUANGZHOU 000806 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
USDOJ FOR CHRISTOPHER LEHMANN, OPDAT 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS CH
SUBJECT: China Rule of Law: Improving Legal Efficiency 
 
(U) THIS DOCUMENT IS SENSITIVE BUT UNCLASSIFIED.  IT SHOULD NOT BE 
DISSEMINATED OUTSIDE U.S. GOVERNMENT CHANNELS OR IN ANY PUBLIC FORUM 
WITHOUT THE WRITTEN CONCURRENCE OF THE ORIGINATOR.  IT SHOULD NOT BE 
POSTED ON THE INTERNET. 
 
¶1. (U) SUMMARY: In late June conversations with local judges, 
academics, and lawyers in Guangdong Province, Embassy Beijing 
Resident Legal Advisor Ronald Cheng discussed ways to improve the 
efficiency of legal process, responded to inquiries about U.S. legal 
culture, and the problems related to legal protections and client 
access.  Other issues discussed included judicial corruption, 
witnesses who are compelled to appear in court, and the amendment of 
China's Lawyer Law.  END SUMMARY 
 
Burdened with high caseloads, judges seek efficiency 
--------------------------------------------- ------- 
 
¶2. (SBU) Twelve judges from the Foshan Intermediate People's Court 
attended Cheng's June 27 presentation on U.S. criminal procedure. 
The Vice President of Foshan Intermediate Court Lai Zining, a good 
contact of the consulate's, who is forward leaning in his thinking 
about the rights of the accused, said that judges were overwhelmed 
with both investigative and procedural responsibilities.  According 
to the Foshan judges, the Intermediate People's Court had over 500 
judges who handled 100,000 cases in 2006, more than ten percent of 
which were criminal cases. 
 
¶3. (SBU) During the discussion, judges inquired about methods used 
in the U.S. legal system to balance the dual needs of efficiency and 
justice.  Of particular interest were the concepts of plea 
bargaining (which the judges admitted would improve the efficiency 
of the process, albeit at the risk of additional corruption), and 
criminal discovery, especially the handling of late-disclosed 
evidence at trial. 
 
Academics curious about U.S. legal culture 
----------------- ------------------------ 
 
¶4. (SBU) In their meetings with on June 27 and 28, academics from 
the Law School of South China University of Technology (SCUT) and 
Guangzhou Academy of Social Science expressed interest in 
widely-publicized U.S. court cases -- those with sensational crimes 
or lengthy litigations, and often involving celebrities, and which 
were atypical in the U.S. legal system.  Attendees also discussed 
jury selection, probation, and early release.  Professor Hou 
Lingling of SCUT asked how a case like the recent Shanxi brick kiln 
scandal, involving forced labor and child labor, would have been 
handled in the United States. The members of the legal faculty 
clearly admired the mature nature of the U.S. legal system and its 
concepts of equality and governance by law. 
 
Lawyers call for more rights and protections 
---------------- --------------------------- 
 
¶5. (SBU) During a visit to a medium-sized law firm in Guangzhou on 
June 28 and roundtable meeting with eight criminal defense lawyers 
from different law firms, Cheng heard complaints of unfair treatment 
by judges and law enforcement.  One former lawyer claimed that he 
had received an eighteen-month prison sentence for "assisting in the 
falsification of evidence."  Lawyers debated the incidence of 
judicial corruption in criminal cases, but agreed that corruption 
did not affect the guilt determination; instead it affected the 
length of imprisonment. 
 
¶6. (SBU) The lawyers also lamented obstruction by law enforcement 
bureaus during the investigation stage of a case.  To meet with 
clients, lawyers must first obtain approval from the prison 
authority, a process which normally takes at least one week.  Once 
approved, meeting time is limited -- sometimes only ten to fifteen 
minutes.  The lawyers stated that such conditions made it difficult 
to provide effective legal counsel. 
 
¶7. (SBU) In Cheng's meeting with the Guangdong Bar Association on 
June 29, Criminal Commission Director Liu Tao confirmed that 
interference from law enforcement departments and a lack of legal 
protection for lawyers were the primary obstacles faced by criminal 
defense lawyers. Though Liu tried to limit the discussion to the 
prescribed time of one hour, the enthusiasm of her colleagues in 
asking questions about plea bargaining, mediation, discovery, 
defense pre-trial investigation, and bail extended the meeting to 
ninety minutes. 
 
Unwilling witnesses 
------------------- 
 
¶8. (SBU) Judges, academics, and lawyers all commented on the 
difficulty of compelling witnesses to appear in court.  Chinese law 
 
GUANGZHOU 00000806  002 OF 002 
 
 
requires witnesses to appear in court, yet in reality only about ten 
percent do so in criminal cases.  (Lawyers claimed that the 
percentage was lower, while judges and academics said the situation 
had improved to twelve-or-thirteen percent.)  Instead of enforcement 
or other legal remedies, the prevailing practice in China is for 
lawyers or judges to pressure family members, friends, neighbors, or 
employers to persuade the witness to appear.  Lacking a bailiff 
system or the ability to call for local police to act on their 
behalf, judges find it difficult to enforce rulings. 
 
Amendment to the Lawyer Law 
--------------------------- 
 
¶9. (U) China is currently in the process of amending its Lawyer Law. 
 When asked to predict how the amendment would affect them, judges 
said that effects would be minimal, academics were interested in a 
new regulation permitting solo private practice, and the lawyers 
hoped to enjoy increased protection under the new law. 
 
¶10. (U) This cable has been cleared by Embassy Beijing Resident 
Legal Advisor Ronald Cheng. 
 
GOLDBERG