China's Trials of Its Dissidents May See a Bit of Legal Reform PROPOSALS BEFORE PARLIAMENT
Sheila Tefft, writer of The Christian Science Monitor, The Christian Science Monitor
THE secret trial of Chinese dissident Wei Jingsheng would have hardly passed muster under China's pending legal reforms.
The country's most famous democrat and dissident was convicted last December of conspiring to subvert the government and sentenced to 14 years in prison.
At his short trial, barred to foreign observers and attended by only two family members, Mr. Wei's detailed appeal was dismissed in 10 minutes, evidence was twisted, and legal procedures were ignored, according to a report released March 4 by Human Rights Watch in China, a New York-based monitor group.
Details of the Wei trial have leaked out as China weighs unprecedented criminal law reforms to overhaul its politically tainted legal system and eliminate abuses that have suppressed Wei and other Chinese dissidents.
During its two-week legislative session that began March 5, the country's nominal parliament, the National People's Congress, is debating measures to expand defendants' rights, curb illegal detentions, and make judges more impartial. These would be the first changes since criminal procedure law was established in 1979.
To date, China's judicial system has lacked the legal protections of Western nations and has been targeted as unfair by international human rights activists and other critics. The courts have been a part of China's massive security machine, which is manned largely by ill-trained judges recruited from the military.
Since market-style reforms began transforming the socialist economy in the late 1970s, economic change has outpaced modernization of the legal system. Leader Deng Xiaoping and his allies have pushed to bolster rule of law to protect the fledgling market system. But they have been opposed by the pervasive police and security establishment, which ignores laws and does things at its own discretion.
Still, Western observers say the new proposals indicate that some change is under way. "A lot is actually happening, although the political situation, if not tense, is very tight. There's a lid on it," says one international legal expert. "Since the political system isn't changing, it's remarkable how much the legal system is."
The new amendments, in the draft stage for two years, are part of the legislature's recent assertiveness in its efforts to restrain other government branches. China is also trying to forestall the United Nations Commission on Human Rights from imposing sanctions for rights violations.
The Chinese Communist leadership is also worried political unrest could erupt as the era of the nonagenarian Mr. …