The 'New Iron Triangle': China's attack on criminal defence lawyers on the case of Li Zhuang

Though Western thought gained popularity and legitimacy in legal education after economic reforms were initiated, the role of defence lawyers remains ambiguous. The Constitution of the People's Republic of China does grant the accused the right of defence (see Appendix 4.1 Article 125). However, with a formal legal tradition, in which criminal prosecution, investigation, and trial are handled respectively through the three segments of the so called 'Iron Triangle' (police, procuracy, and judges), defence lawyers are admitted little room to operate as representatives of their client, but rather pose a minor obstacle to the prosecution. The legal mind-set is crime oppressive with higher value on crime control efficiency than accuracy of legal conduct within the court, as well as in the pre-trial investigatory phase. Therewith, traditionally the 'Iron Triangle' was firmly aimed against crime, or rather the accused himself. However, the case of the defence lawyer Li Zhuang in 2009/10...Show moreThough Western thought gained popularity and legitimacy in legal education after economic reforms were initiated, the role of defence lawyers remains ambiguous. The Constitution of the People's Republic of China does grant the accused the right of defence (see Appendix 4.1 Article 125). However, with a formal legal tradition, in which criminal prosecution, investigation, and trial are handled respectively through the three segments of the so called 'Iron Triangle' (police, procuracy, and judges), defence lawyers are admitted little room to operate as representatives of their client, but rather pose a minor obstacle to the prosecution. The legal mind-set is crime oppressive with higher value on crime control efficiency than accuracy of legal conduct within the court, as well as in the pre-trial investigatory phase. Therewith, traditionally the 'Iron Triangle' was firmly aimed against crime, or rather the accused himself. However, the case of the defence lawyer Li Zhuang in 2009/10 raises the question of an alternative aim of the 'Iron Triangle'. Instead of focusing on the prosecution of the accused (Gong Gangmo), the case took a turn against the defence lawyer, incriminating Li Zhuang by actually applying testimony of Gong, the accused. The paper argues that, as shown on the case of Li Zhuang, the 'Iron Triangle' of China's legal conduct is not simply aimed at the prosecution and conviction of the accused and therewith the impediment of crime, but against the criminal defence as a concept of law. This will be shown on examining the trial of Li Zhuang on the following four factors: formal legal rule that directly counters criminal defence, and therewith shows criminal defence oppression through the legislature itself; intrinsic institutional deterrents on criminal defence in the judiciary; ideological factors in China's legal tradition, which impede criminal defence indirectly and simultaneously renders legitimacy to the actions against criminal defence by legislature and judiciary; and finally political motifs.Show less

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The 'New Iron Triangle': China's attack on criminal defence lawyers on the case of Li Zhuang