Legal Reforms in the Aftermath of Tiananmen Square

Legal Reforms in the Aftermath of Tiananmen Square 51 LEGAL REFORMS IN THE AFTERMATH OF TIANANMEN SQUARE MARGARET Y.K. WOO Assistant Professor of Law, Northeastern University, School of Law, Boston1 I. Introduction More than a year has passed since the Pro-Democracy Movement of 1989 and the harsh government crackdown on June 3-4 in Tiananmen Square. In looking at the legal picture in China since that time, there are a number of issues that have been much talked about. There is the questionable validity by which martial law was imposed on parts of Beijing on May 20, 1989.2 There is the failure of the central govern- ment to follow the 1979 criminal procedure code in its prosecution of those involved in the demonstrations,3 including arbitrary arrests, war- rantless arrests and searches, secret trials, and the imposition of ad- ministrative rather than criminal sanctions.4 These actions of the 1. This paper was originally prepared for the 10th Sino-American Conference on Mainland China sponsored by the Institute of International Relations, at Taipei, Taiwan, Republic of China, on 12-14 June 1990. The author wishes to thank the Institute and its staff for their invaluable assistance. 2. See U.S., Congress, Senate, Congressional Record, Report of the Library of Con- gress, Far Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

Legal Reforms in the Aftermath of Tiananmen Square

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Martinus Nijhoff
© 1991 Koninklijke Brill NV, Leiden, The Netherlands
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