[Excerpt] "... COLUMBIA LAW REVIEW VOL. 105 JANUARY 2005 NO. 1 ARTICLE WATCHDOG OR DEMAGOGUE? THE MEDIA IN THE CHINESE LEGAL SYSTEM Benjamin L. Liebman*
Over the past decade, the Chinese media have emerged as among the most influential actors in the Chinese legal system. As media commercialization and increased editorial discretion have combined with growing attention to social and legal problems, the media have gained incentives to expand their traditional mouthpiece roles in new directions. As a result, the media have emerged as one of the most effective and important avenues of citizen redress. Their role in the legal system, however, has also brought them increasingly into conflict with China's courts. This Article examines the implications of the media's roles in the Chinese legal system for China's legal development. It shows how media commercialization has resulted in incentives for the media to expand the scope of critical reporting, to challenge propaganda department content regulations, and to influence court decision making. This Article details four distinct mechanisms by which the media influence China's courts, demonstrating that the media's effectiveness and influence stem from a combination of their continued position as an arm of the Party-state and their ability to reflect and create public opinion. Media commercialization may be reinforcing traditional norms of Party-state interference in the courts, while at the same time media scrutiny increasingly highlights problems in the Chinese justice system. Despite significant reforms and increasing caseloads, the authority of China's courts remains limited. Yet the media's ability to enjoy significant autonomy within the confines of Party supervision also suggests that a similar model of autonomy may be possible, and is perhaps already emerging, for China's courts. * Associate Professor of Law and Director, Center for Chinese Legal Studies, Columbia Law School. I am grateful to the numerous people who have provided me with assistance and comments, including participants in the Columbia Law School Faculty Retreat, the Yale Law School China Law Colloquium, the Advanced Research into Chinese Law Seminar at Columbia Law School, and symposia held at the Institute of Law of the Chinese Academy of Social Sciences and the Judicial Reform Center of Beijing University Law School. Special thanks for comments and assistance to Bill Alford, Vince Blasi, Spencer Barrowes, Tom Bernstein, Helen Causton, Chen Rong, Chen Xi, Chen Xixin, Chen Xugang, Lori Damrosch, Meg Davis, Ashley Esarey, Erika Evasdottir, Eric Fronman, Paul Gewirtz, Han Li, Keith Hand, Gong Hao, He Weifang, Jonathan Hecht, Perry Keller, Li Yayun, Li Zhong, Liao Fan, Terry Liu, Stanley Lubman, Curtis Milhaupt, Henry Monaghan, Gerry Neuman, Katharina Pistor, Teemu Ruskola, Jim Seymour, Shen Kui, Shen Minrong, Peter Strauss, Susan Sturm, Frank Upham, Wei Yongzheng, Kathy Wilhelm, John Witt, Andrea Worden, Xu Xun, Zhang Xu, Zhang Yi, and to the many people in China who shared their time with me as I conducted research for this Article. I am also deeply grateful to Justin Davids, Dave Ziff, and the staff of the Columbia Law Review for their tireless work on this Article. I am responsible for all errors and omissions. The relevant portions of Chinese-language sources were translated into English for cite checking by the staff of the Columbia Law Review. When a citation indicates that a Chinese-language source is on file with the Columbia Law Review, the relevant parts of both the original source and the translation are on file. Those sources without appropriate translations were substantively checked by a Chinese-reading staff member. Some internet sources are no longer available online, so their weblinks have not been included in the citation. Due to the confidential nature of the interviews conducted in connection with this Article, the Columbia Law Review does not have copies of the interview transcripts on file. ..." http://www.columbialawreview.org/pdf/Liebman-Web.pdf ------------------------ Yahoo! Groups Sponsor --------------------~--> What would our lives be like without music, dance, and theater? 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