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

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.

The Uyghur Question in Contemporary China

“…91 And the possible charge of 'heresy' will always be there, lurking in changing party politics. 92 Many local cadres have played a part in suppressing local traditions, others in rebuilding them. 93…”

Asian Socialism and Legal Change : The dynamics of Vietnamese and Chinese Reform

“…Keith and Lin (2001) on the other hand, argue that amendments to the Criminal Procedure Law and the Criminal Law reflect a changing balance between the instrumental role of law as a tool for social control and law as a mechanism to protect the rights and freedoms of citizens. They subsequently revised this view in light of the state's handling of the 'Falun gong problem' (see Keith and Lin Zhiqiu 2003).…”

Mapping legal change in the context of reforms to Chinese police powers

“…These include Lubman (1999); Epstein (1994); Peerenboom (1999Peerenboom ( , 2002a; Keith (1994); Keith and Lin Zhiqiu (2001); Li (2000); Orts (2001). Peerenboom (1999) draws a distinction between 'thick' (substantive) and 'thin' (formalist) versions of the rule of law and discusses different versions of the thick theories of the rule of law.…”

“…For a similar analysis, see Lubman (1995); Clarke and Feinerman (1995); H. Tanner (1999); Dobinson (2002);Chen Jianfu (1999). Keith and Lin (2001) on the other hand, argue that amendments to the Criminal Procedure Law and the Criminal Law reflect a changing balance between the instrumental role of law as a tool for social control and law as a mechanism to protect the rights and freedoms of citizens. They subsequently revised this view in light of the state's handling of the 'Falun gong problem' (see Keith and Lin Zhiqiu 2003).…”