Human rights in the People's Republic of China (PRC) are severely curtailed. Freedom of speech, freedom of the press, freedom of religion, freedom of assembly and workers' rights are restricted by the government. The Chinese political system is authoritarian, with no freely elected national leaders, and repression of political opposition, as well as a lack of an independent judiciary, rule of law, and due process. Human rights abuses by the Chinese government are prevalent, with extensive censorship, mass surveillance, and repression of ethnic minorities and religious groups, including Christians, Muslims, Tibetan Buddhists, Uyghurs, and groups the government deems as "cults" such as Falun Gong. The Chinese Communist Party and government's stated view of human rights emphasizes economic development, material well-being, and national sovereignty. They have often challenged notions of individual civil and political rights in international human rights law as being universal. Academics, international non-governmental organizations (NGOs) including Human Rights in China and Amnesty International, human rights treaty bodies and the United Nations Human Rights Council's Universal Periodic Review, as well as citizens, lawyers, and dissidents inside the country, have documented how the authorities in mainland China regularly sanction or organize abuses. Human rights groups have also raised concerns about the prevalent use of capital punishment in China, the one-child policy (prior to abolishing it in 2015), and human rights in Tibet. In a human rights report that assesses social, economic, and political freedoms, China received the lowest ranking globally for safety from state actions and the right to assemble. The World Values Survey finds that 72% of Chinese are satisfied with the state of human rights in their country. Some Chinese activist groups are trying to improve human rights. Chinese human rights attorneys who take on cases related to these issues, however, often face harassment, disbarment, and arrest by the Chinese state. Democracy movements in China have been repressed, most notably in the 1989 Tiananmen Square massacre.
Legal system
Since the legal reforms of the late 1970s and 1980s, the CCP has officially moved to embrace the language of the rule of law, and it has also attempted to establish a modern court system. During this process, it has enacted thousands of new laws and regulations, and it has begun to train more legal professionals. The concept of 'rule of law' has been emphasized in the constitution, and the ruling party has embarked on campaigns to promote the idea that citizens have protection under the law. At the same time, however, a fundamental contradiction exists in the constitution itself, in which the CCP insists that its authority supersedes that of the law. Thus, the constitution enshrines the rule of law and simultaneously stresses the principle that the "leadership of the Communist Party" holds primacy over the law and the legal system. The judiciary is not independent of the CCP, and judges face political pressure; in many instances, party committees dictate the outcome of cases. In 2007, law and the judiciary were further subordinated to the interests of the CCP under the doctrine of the Three Supremes. In 2013, Document Number Nine detailed the CCP's antipathy toward the rule of law. This has produced a system often described as "rule by law" (alluding to the CCP's power), rather than rule of law. Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process. This is opposed to a system of checks and balances or separation of powers. Scholars have noted that these characteristics of the legal system in China often undermine due process in practice, particularly in politically sensitive criminal cases handled by defense lawyers, as analyzed in Criminal Defense in China. Foreign experts estimate that in 2000, there were between 1.5 million and 4 million people in prison in mainland China. The PRC does not allow outsiders to inspect its penal system.
Civil liberties
Rights in the PRC resemble notions of positive law, informed by the legacy of the Napoleonic Code, in which rights are created and granted by the state. The PRC's legal discourse is not based upon ideas of natural law.
Freedom of speech
… excerpt ends here. Continue reading the full article.
