China's Role on the New U.N. Human Rights Council: A Positive Shift in its Human Rights Agenda or a Marriage of Convenience?

Abstract

This essay is an effort to bring to light (through one American's story) the need for continued human rights reform in China's criminal justice system. Jude Shao is an American businessman who is currently incarcerated in a Chinese prison after exhausting all of his appeals. By examining and critiquing Shao's arrest, prosecution, conviction and appeals, against the backdrop of China's criminal procedural law, this essay illustrates that, while some progress has been made in China, there is more work to be done if meaningful human rights reform is the overall goal. This topic is particularly timely because of China's recent election to the newly formed U.N. Human Rights Council and the upcoming 2008 Summer Olympics in Beijing. The international spotlight will certainly be trained upon China as the world community seeks to ensure that China itself complies with global human rights standards.

Keywords: comparative law, China, criminal procedure