In recent years Chinese courts, in particular those in Henan Province, have begun to place a vast quantity of court options online.  This talk examines one-year of publicly available criminal judgments from one basic-level rural county court and one intermediate court in Henan in order to better understand trends in routine criminal adjudication in China.  The result is an account of ordinary criminal justice that is both familiar and striking:  a system that treats serious crimes, in particular those affecting state interests, harshly while at the same time acting leniently in routine cases.  Most significantly, examination of more than five hundred court decisions shows the vital role that settlement plays in criminal cases in China today.  Defendants who agree to compensate their victims receive strikingly lighter sentences than those who do not.  Likewise, settlement plays a role in resolving even serious crimes, at times appearing to make the difference between life and death for criminal defendants.  These findings provide insight into a range of debates concerning the roles being played by the Chinese criminal justice system and the functions of courts in that system.  Examination of cases from Henan also provides a base for discussing the future of empirical research on Chinese court judgments, demonstrating that there is much to learn from the vast volume of cases that have in recent years become publicly available.

Benjamin L. Liebman is the Robert L. Lieff Professor of Law and the Director of the Center for Chinese Legal Studies at Columbia Law School. His recent publications include “Malpractice Mobs: Medical Dispute Resolution in China,” Columbia Law Review (2013); “A Return to Populist Legality? Historical Legacies and Legal Reform,” in Mao’s Invisible Hand (edited by Sebastian Heilmann and Elizabeth Perry, 2011); and “Toward Competitive Supervision?  The Media and the Courts,” China Quarterly (2011).

WE ARE AT FULL CAPACITY - PLEASE ARRIVE EARLY FOR A SEAT

The US-Japan alliance is the longest, most stable, and most indispensable alliance in the modern history of East Asia.  It has served as the foundation for the region's security structure for well over a half-century.  However, with China's emergence as a rising economic and military power, and given territorial disputes involving China, Japan, and South Korea, and with escalating nationalistic rhetoric and fundamental disagreements over historical interpretations of the Pacific War, the United States and Japan are now facing worrisome tensions and strains that could undermine the solidarity of the US-Japan alliance.  Is the time-tested US-Japan alliance capable of managing both the shifts in the regional balance of power, and the threat of conflict over disputed territories, and the rising thermometer of nationalistic sentiments?   

Ambassador Ryozo Kato, former Ambassador of Japan to the United States from 2001 - 08, the longest tenure of any Japanese Ambassador to the United States, and former Commissioner of Nippon Professional Baseball from 2008 - 2013, has had a long and distinguished career in the Ministry of Foreign Affairs of the Japanese Government. A graduate of Tokyo University Faculty of Law and Yale Law School, he served his country in Australia, Egypt, and the United States, in addition to multiple global assignments within the Ministry in Tokyo.

Positions which Ambassador Kato served in the United States include the Third Secretary in the Embassy (1967–1969), Minister in the Embassy (1987–1990), and Consul-General in San Francisco (1992–1994). He returned to Japan to serve as the Director-General of the Asian Affairs Bureau (1995–1997) and the Deputy-General of the Foreign Policy Bureau (1997–1999). After serving as the Deputy Minister for Foreign Affairs (1999–2001), he was appointed the Ambassador of Japan to the United States of America from 2001 to 2008. He has been recognized and respected on both sides of the Pacific for his outstanding understanding of the issues and his clarity in direction to resolve them.

Mr. Rudd served as Australia’s 26th Prime Minister from 2007 to 2010, then as Foreign Minister from 2010 to 2012, before returning to the Prime Ministership in 2013. As Prime Minister, Mr. Rudd led Australia’s response during the Global Financial Crisis. Australia's fiscal response to the crisis was reviewed by the IMF as the most effective stimulus strategy of all member states. Australia was the only major advanced economy not to go into recession. Mr. Rudd is also internationally recognized as one of the founders of the G20 which drove the global response to the crisis, and which in 2009 helped prevent the crisis from spiraling into a second global depression.

As Prime Minister and Foreign Minister, Mr. Rudd was active in global and regional foreign policy leadership. He was a driving force in expanding the East Asia Summit to include both the US and Russia in 2010. He also initiated the concept of transforming the EAS into a wider Asia Pacific Community to help manage deep-routed tensions in Asia by building over time the institutions and culture of common security in Asia. On climate change, Mr. Rudd ratified the Kyoto Protocol in 2007 and legislated in 2008 for a 20% mandatory renewable energy target for Australia. Mr. Rudd launched Australia's challenge in the International Court of Justice with the object of stopping Japanese whaling in the Southern Ocean. Mr Rudd drove Australia’s successful bid for its current non-permanent seat on the United Nation’s Security Council and the near doubling of Australia's foreign aid budget.

Mr. Rudd remains engaged in a range of international challenges including global economic management, the rise of China, climate change and sustainable development. He is on the International Advisory Panel of Chatham House. He is a proficient speaker of Mandarin Chinese, a Visiting Professor at Tsinghua University and funded the establishment of the Australian Centre on China in the World at the Australian National University. He was a co-author of the recent report of the UN Secretary General's High Level Panel on Global Sustainability – “Resilient People, Resilient Planet" and chairs the World Economic Forum's Global Agenda Council on Fragile States. He also remains actively engaged in indigenous reconciliation.

ABOUT THE TOPIC: The Partial Test Ban Treaty of 1963 is known as the first nuclear arms control agreement. One of its declared aims, however, is environmental, namely "to put an end to the contamination of man's environment by radioactive substances." At the beginning of the atomic age, however, few voiced concerns about the worldwide dispersion of radioactive fallout. How did we come to reappraise that contamination as a global problem requiring a global solution? I will argue that the problem of fallout was not only born global as a material fact, but also globalized as a social-epistemic process thanks to the Cold War, which transformed scientific knowledge, ethical outlooks, technological conditions, and political incentives by the time when the PTBT was concluded.

ABOUT THE SPEAKER: Toshihiro Higuchi (Ph.D. in History, Georgetown) is an ACLS New Faculty Fellow and Associate Lecturer at the History of Science Department, University of Wisconsin—Madison. Higuchi held a postdoctoral fellowship at CISAC in 2011-12. He will move to the University of Kyoto in June 2014 as a research assistant professor. His current book project traces the science and politics of worldwide contamination by radioactive fallout from atmospheric nuclear-weapons testing as one of the first truly global environmental problems.