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Human rights in China : ウィキペディア英語版
Human rights in China

The extent to which human rights are recognized and protected in the People's Republic of China (PRC or Mainland China) is a matter of dispute between its government and external organizations and individuals. PRC authorities, their supporters, and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses. However, other countries and their authorities (such as the United States Department of State, Canada, and India, among others), international non-governmental organizations (NGOs), such as Human Rights in China and Amnesty International, and dissidents inside the country state that the authorities in mainland China regularly sanction or create such abuses.
NGOs such as Amnesty International and Human Rights Watch, as well as foreign governmental institutions such as the U.S. State Department, have accused the PRC of violating the freedoms of speech, movement, and religion of its citizens and of others within its jurisdiction. Authorities in the PRC claim to define human rights differently, so as to include economic and social as well as political rights, all in relation to "national culture" and the level of development of the country. Authorities in the PRC, referring to this definition, claim that human rights are being improved.〔(【引用サイトリンク】title=Progress in China's Human Rights Cause in 1996 )〕 They do not, however, use the definition used by most countries and organisations. PRC politicians have repeatedly maintained that, according to the PRC Constitution, the "Four Cardinal Principles" supersede citizenship rights. PRC officials interpret the primacy of the Four Cardinal Principles as a legal basis for the arrest of people who the government says seek to overthrow the principles. Chinese nationals whom authorities perceive to be in compliance with these principles, on the other hand, are permitted by the PRC authorities to enjoy and exercise all the rights that come with citizenship of the PRC, provided they do not violate PRC laws in any other manner.
Numerous human rights groups have publicized human rights issues in China that they consider the government to be mishandling, including: the death penalty (capital punishment), the one-child policy, the political and legal status of Tibet, and neglect of freedom of the press in mainland China. Other areas of concern include the lack of legal recognition of human rights and the lack of an independent judiciary, rule of law, and due process. Further issues raised in regard to human rights include the severe lack of worker's rights (in particular the ''hukou'' system which restricts migrant labourers' freedom of movement), the absence of independent labour unions, and allegations of discrimination against rural workers and ethnic minorities, as well as the lack of religious freedom rights groups have highlighted repression of the Christian, Tibetan Buddhist, and Falun Gong religious groups. Some Chinese activist groups are trying to expand these freedoms, including Human Rights in China, Chinese Human Rights Defenders, and the China Human Rights Lawyers Concern Group. Chinese human rights attorneys who take on cases related to these issues, however, often face harassment, disbarment, and arrest.〔Human Rights Watch. ( Walking on Thin Ice ) 28 April 2008.〕〔Amnesty International, ("China: No Rule of Law when Defence Lawyers Cannot Perform their Legitimate Role," ) 5 October 2010〕
==Legal system==
Since the legal reforms of the late 1970s and 1980s, the Communist Party of China (CPC) has officially moved to embrace the language of the rule of law and to establish a modern court system. In the process, it has enacted thousands of new laws and regulations, and has begun training more legal professionals.〔Human Rights Watch. (Walking on Thin Ice ) 28 April 2008.〕 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 Communist Party insists that its authority supersedes that of the law.〔Eva Pils, ('Asking the Tiger for His Skin: Rights Activism in China' ), Fordham International Law Journal, Volume 30, Issue 4 (2006).〕 Thus, the constitution enshrines the rule of law, yet simultaneously stresses the principle that the 'leadership of the Communist Party' holds primacy over the law.
The judiciary is not independent of the Communist Party, and judges face political pressure; in many instances, private party committees dictate the outcome of cases. In this way, the CPC effectively controls the judiciary through its influence.〔 This influence has produced a system often described as 'rule ''by'' law' (alluding to the CPC's power), rather than rule ''of'' law.〔The New York Times. (Rule by Law: A Series ) 2005.〕 Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process.

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