University of Wisconsin–Madison

Liu (2007), “Birth of a Liberal Moment? Looking Through a One-Way Mirror at Lawyers’ Defence of Criminal Defendants in China”

Sida Liu. “Birth of a Liberal Moment? Looking Through a One-Way Mirror at Lawyers’ Defence of Criminal Defendants in China.” In Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism. Edited by Terence C. Halliday, Lucien Karpik, and Malcolm M. Feeley, pp. 65-107, Oxford, U.K: Hart Publishing, 2007.

This chapter analyzes criminal defense representation in China as a window into the broader tension between political liberalism and authoritarian governance. Focusing on lawyers who represent defendants in politically sensitive cases, the author argues that developments in criminal procedure reveal ongoing struggles over civil liberties and the scope of state power. Defense lawyers face structural and political constraints that limit their ability to advocate fully for clients, particularly where cases implicate dissent or state interests.

By situating these practices within international human rights standards, the chapter highlights the gap between formal procedural protections and their implementation in practice. The evolving regulatory and political environment demonstrates both incremental legal reform and tightening state control, underscoring the fragility of political liberalism in contemporary China. Criminal defense thus becomes a critical site where legal professionals test the boundaries of permissible advocacy and where the state negotiates the limits of procedural justice.