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Human Rights and Rule of Law in China

  • Civil Society
    Since the onset of economic reform in the late 1970s, Chinese government domination over the economic and social life of its citizens has receded.  Non-profit organizations with varying ties to the Party and government have begun to fill this space. However,  restrictive government regulations and internal weaknesses continue to hamper their development. Click on this link to learn more about the development of Chinese civil society.

  • Commercial Rule of Law
    Reform of the commercial legal system and commercial rule of law development have been priorities of the China leadership as part of its effots to promote economic growth.  The steps that Chinese authorities have taken at every level of government have come under the scrutiny of many of China's trading partners, particularly since China joined the WTO.  Follow this link to learn more about China's evolving commercial legal system and implementation of its rule of law obligations under the WTO.

  • Constitutional Reform
    In March 2004, the National People's Congress adopted amendments to China's Constitution that on paper confirm state protection of human rights and  property rights.  However, Chinese citizens lack a legal mechanism through which to enforce these and other constitutional guarantees.  Within limits set by the state, Chinese lawyers and scholars continue to discuss different models for constitutional reform and the need for a working constitutional enforcement mechanism.  Click on this link to learn more about constitutional reform in China in China.

  • Criminal Justice
    Despite amendments to basic criminal statutes and recent efforts to address law enforcement abuses, China's criminal justice system continues to be characterized by widespread abuses.  Torture and physical coercion, while illegal, remain common.  Police and prosecutors frequently ignore legal protections for suspects and defendants.  Defense lawyers often have difficulty meeting with their clients and may be subject to intimidation if they represent their clients too vigorously.   Follow this link to learn more about such problems and the discussion about them that is taking place in China.

  • Democratic Governance and Legislative Reform
    China has an authoritarian political system controlled by the Communist Party. The absence of popular and legal constraints to check the behavior of Party officials has led to widespread corruption and citizen anger. Although officials have introduced reforms to allow a limited degree of citizen participation in the selection of village committee members and local Party cadres, the reforms are designed to strengthen Party governance and do not represent Party acceptance of representative government. Click on this link to learn more about local governance and legislative reform in China.

  • Freedom of Expression
    Article 35 of the Chinese Constitution states that Chinese citizens enjoy freedom of speech and freedom of the press. Other legislation, such as China's Publishing Regulations, stipulates that groups and individuals may not interfere in the lawful exercise of these rights. Despite these guarantees, however, Chinese citizens do not enjoy freedom of the press. Follow this link to learn more about how Chinese authorities suppress freedom of expression in China.

  • Freedom of Religion
    The Chinese government officially recognizes five religions (Buddhism, Taoism, Islam, Catholicism, and Protestantism), and Article 36 of China's Constitution guarantees protection of "normal religious activity."  Nevertheless, Chinese authorities continue to view religious groups as a threat and place strict limitations on religious practice and organizations.  However, despite Beijing's heavy hand, religious expression is flourishing in China.  Click on this link to learn more about religion in China.

  • Freedom of Residence 
    For decades, the Chinese hukou (residence permit) system has imposed significant limits on Chinese citizens seeking to move freely throughout the country in search of work. Numerous observers have identified it as one component of the increasingly large rural-urban divide in Chinese society. Click on this link to learn more about residency restrictions in China and recent reforms.

  • International Human Rights Materials
    China is a party to numerous international human rights instruments. The United Nations and its various committees and working groups publish regular reports on China.  Click here to a selected UN reports, submissions by the Chinese government to UN bodies, and links to other international human rights materials. 

  • Labor Rights
    Working conditions and respect for worker rights in China are frequently in violation of China's own laws, especially those governing wages and overtime pay, work hours and overtime hours, and workplace health and safety. The Chinese government continues to deny its citizens the right to freely organize and to bargain collectively, continues to imprison labor leaders, and actively suppresses efforts of workers to defend their own rights and interests. 

  • Property Rights
    Over the past year, urban demolitions and rural land requisitions have become leading causes of social unrest in the PRC. Alarmed by the growing number of petitions, administrative lawsuits, and street protests related to property seizures, the Chinese government has taken several limited steps to address popular concerns and introduced new constitutional protections for property rights. But the rapid pace of development and the high value of land in China continue to fuel corruption and abuse in land transactions. Click on this link to learn more about property rights in China.

  • Rule of Law
    China's reform experiments have led to extensive legal changes affecting many areas of government and society, including the judiciary, the bar, and non-governmental organizations. Follow this link to learn more about the development of the rule of law in China, as well as its setbacks.

  • Tibetans 
    Most of the approximately 5.4 million Tibetans in China live in the Tibet Autonomous Region, or in one of the 12 Tibetan autonomous prefectures and counties located in Qinghai, Sichuan, Gansu, and Yunnan provinces.  Tibetans have a distinct historical, ethnic, cultural, and linguistic heritage. Click on the link above for more information about Tibetans.

  • Uighurs
    The Uighurs, a Muslim Turkic people, are the dominant ethnic group in China's westernmost region, the Xinjiang Uighur Autonomous Region.  They have a different ethnic, cultural, historical, and linguistic background than Han Chinese.  Click here to find out more information about Uighurs.


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The page was last modified on October 3, 2006
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