Wednesday, February 01, 2012

Zhiwei Tong (童之伟) on Chinese Constitutionalism, Criminal Law and Justice in China

 (Zhiwei Tong (童之伟), Picture (c) Larry Catá Backer))

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 sought to develop a set of aphoristic (ἀφορισμός) essays, meant to provoke thought rather than explain it. The hope was that, built up on each other, the series would provide a matrix of thoughts that together might lead the reader in new directions. Ruminations continue to be produced form time to time. 

For 2010, this site introduced a new series--Business and Human Rights. The series took as its starting point the issues and questions raised by John Ruggie, the United Nations Special Representative of the Secretary-General (SRSG) on business and human rights, in a global online forum.
The U.N. "Protect, Respect, Remedy" framework is made up of three pillars: the State duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights, which means to avoid infringing on the rights of others; and greater access by victims to effective remedy, judicial and non-judicial. The forum is currently focused on the corporate responsibility to respect human rights, the second pillar of the framework. The forum is divided into sections, each of which contains multiple topics with space for discussion and comment.
(From New Online Forum for U.N. Business and Human Rights Mandate, United Nations Press Release, New York and Geneva, Dec. 1, 2009). Each of the Essays considered one of the topics raised in the online consultation. My hope was to help generate discussion and to encourage further discussion of the issues within the framework of the consultation framework.

For 2011, this site introduced a new series of integrated essays--Developing a Coherent Transnational Jurisprudence of Ethical Investing: The Norwegian Sovereign Wealth Fund Ethics Council Model. The object of this series to to consider the work of the Ethics Council of the Norwegian Sovereign Wealth Fund. The thesis of this series is this: The Norwegian Sovereign Wealth Fund (NSWF ) investment program is grounded in the application of a set of Ethical Guidelines adopted by the Storting (the Norwegian Legislature) and enforced through an Ethics Council charged with determining whether a company should be excluded from investment by the NSWF. The work of the Ethics Council has produced the beginnings of a coherent jurisprudence of ethics for corporate investment. That jurisprudence may contribute significantly both to the development of transnational social norm standards and affect the way domestic corporate law is understood. 

For 2012, this site introduces the thought of Zhiwei Tong (童之伟), one of the most innovative scholars of constitutional law in China.   Professor Tong has been developing his thought in part in a essay site that was started in 2010.  See, Larry Catá Backer, Introducing a New Essay Site on Chinese Law by Zhiwei Tong, Law at the End of the Day, Oct. 16, 2010.  Professor Tong is on the faculty of law at East China University of Political Science and Law.  He is the Chairman of the Constitution Branch of the Shanghai Law Society and the Vice Chairman of the Constitution Branch of the China Law Society.

The  Zhiwei Tong (童之伟) Series focuses on translating some of Professor Tong's work on issues of criminal law and justice in China, matters that touch on core constitutional issues.  Each of the posting will include an English translation from the original Chinese, the Chinese original and a link to the original essay site. Many of the essays will include annotations that may also be of interest.  I hope those of you who are interested in Chinese legal issues will find these materials, hard to get in English, of use.


 (Pix (c) Larry Catá Backer)

Series Contents:

Part I—Zhiwei Tong (童之伟) Series: Socialist constitutionalism is the core of governance according to the law

Part II—Zhiwei Tong (童之伟) Series: The necessity of complete change of governance from rule of man to rule of law

Part III—Zhiwei Tong (童之伟) Series: Perspective Study from Criminal Procedure Code to Modify Constitution (Part I)

Part IV—Zhiwei Tong (童之伟) Series: The state is obligated to provide equal protection for citizens’ religious beliefs
 Part V—Zhiwei Tong (童之伟) Series: The rule of law: Its Expression is also Critical

Part VI—Zhiwei Tong (童之伟) Series: Society as a whole should support criminal defense lawyers as they perform their duties according to the law

Part VII—Zhiwei Tong (童之伟) Series: The public authorities should set an example by acting in accordance with the law

Part VIII—Zhiwei Tong (童之伟) Series: “Independent Candidate’ has no Legal Basis” is not Correct

Part IX—Zhiwei Tong (童之伟) Series: We must not only affirm the “anti-crime” campaign, but also deny the use of “black methods”
 Part X—Zhiwei Tong (童之伟) Series: Unauthorized violation of the law to extend civil service working hours

 (Pix (c) Larry Catá Backer 2012)

Part XI—Zhiwei Tong (童之伟) Series: Public authorities should be models of conduct in accordance with the law

Part XII—Zhiwei Tong (童之伟) Series: The modification of the police department’s position within the Criminal Procedure Code

Part XIII—Zhiwei Tong (童之伟) Series: Pay attention to the political achievements of local officials that result from illegal governance behavior

Part XIV—Zhiwei Tong (童之伟) Series: Perspective Study from Criminal Procedure Code to Modify Constitution (Part II) The protection of personal freedom should be the top priority of Criminal Procedure Code

Part XV—Zhiwei Tong (童之伟) Series: The Petitioning System and the Constitution of China
Part XVI—Zhiwei Tong (童之伟) Series: Perspective Study from Criminal Procedure Code to Modify the Constitution (Part III) The protection of personal freedom should focus on restricting the power of investigation

Part XVII—Zhiwei Tong (童之伟) Series: Interview; As long as there is determination, then we can curb the violent demolition and relocation

Part XVIII—Zhiwei Tong (童之伟) Series: Government’s restriction on fundamental rights of citizens must have legal basis

Part XIX—Zhiwei Tong (童之伟) Series: Ban on begging with the law

Part XX—Zhiwei Tong (童之伟) Series: A valuable step in advancing the protection of constitutional rights

 (Pix (c) Larry Catá Backer 2012)

Part XXI—Zhiwei Tong (童之伟) Series: Responding with my view to the Xinmin Weekly reporter’s questions on the Crackdown 严打

Part XXII—Zhiwei Tong (童之伟) Series: The theory of legal rights is at the heart of Chinese legal applications

Part XXIII—Zhiwei Tong (童之伟) Series: There is no Constitutional Ground for Judicial Activism in China
 Part XXIV—Zhiwei Tong (童之伟) Series: Petitioning System and the Constitution of China (Part II)
 Part XXV—Zhiwei Tong (童之伟) Series: Petitioning System and the Constitution of China (Part III)

 Part XXVI—Zhiwei Tong (童之伟) Series: In accordance with the Constitution, court cases must be public

Part XXVII—Zhiwei Tong (童之伟) Series: Reform of the Political System Should Start with the Party Constitution rather than the Constitution

 Part XXVIII—Zhiwei Tong (童之伟) Series: How to Restrict Power in the Cage of Regulations
Part XXIX—Zhiwei Tong (童之伟) Series: Five Theoretical Issues Should Be Addressed to Restart Political Reforms

Part XXX (30) Zhiwei Tong (童之伟) Series: "The Punishment Decision Should Be Made Based on Criminal Facts and Law Regulations--My Thoughts On the Written Judgment of Bo Xilai’s First Instance"
Part XXXI (31) Zhiwei Tong (童之伟) Series: "Totalitarian Personality and Bo Xilai's Poliitcal Failure"

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