The "Falun Gong Problem": Politics and the Struggle for the Rule of Law in China

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Title The "Falun Gong Problem": Politics and the Struggle for the Rule of Law in China
Author Keith, Ronald Colin; Lin, Zhiqiu
Journal Name The China Quarterly
Editor Julia Strauss
Year Published 2003
Place of publication Cambridge
Publisher Cambridge University Press
Abstract This article examines the CCP's "falun gong problem" with reference to PRC law and policy on "heretical cults", paying particular attention to the implications of this problem for the ongoing struggle to establish human rights under the rule of law. Official PRC commentary contends that the falun gong not only committed criminal acts but also wilfully sought to undermine the rule of law itself. Human rights critics and agencies, such as the US Commission on International Religious Freedom, have, on the other hand, attacked the PRC for a "repressive legal framework" that threatens human rights. The "falun gong problem" is an important chapter in the struggle for the rule of law in China, and it appears that the law has not been able to transcend the conceptual bias of past criminal law on counter-revolution. The related politicization of the law through a revived principle of "flexibility" challenges the internal process of criminal justice reform and the recent reform focus on the balance of human rights protection and public order.
Peer Reviewed Yes
Published Yes
Publisher URI http://journals.cambridge.org/action/displayJournal?jid=CQY
Copyright Statement Copyright 2003 Cambridge University Press. The attached file is reproduced here in accordance with the copyright policy of the publisher.
Volume 175
Page from 623
Page to 642
ISSN 0305-7410
Date Accessioned 2006-07-13
Date Available 2007-10-04
Language en_AU
Research Centre Griffith Asia Institute
Faculty Griffith Business School
Subject Justice and Legal Studies
URI http://hdl.handle.net/10072/15102
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1x

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