Who are the Chinese Sǐkē (Diehard) Lawyers?—A Belated Clarification
In: China Law and Society ReviewSearch for other papers by Qin Ma in
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Abstract
Sǐkē lawyers, a transformative subset of China’s criminal defense lawyers who emerged in around 2009, are distinguished by their zealous advocacy, focus on procedural rights, and use of unconventional methods such as publicity and collective action. Due to the sensitivity of this topic and the barriers to accessing information, the research on Sǐkē lawyers has been limited. This paper seeks to clarify the distinctiveness of Sǐkē lawyers based on interviews, case studies, participatory observations, and media analysis. It adopts a dual approach to understanding Sǐkē lawyers. On the one hand, it examines the collective characteristics that distinguish them from traditional defense lawyers, human rights lawyers, and Weiquan (rights-protection) lawyers, highlighting traits that define them as a distinct group. While there is an overlap among these groups, Sǐkē lawyers set themselves apart by downplaying political motives and embracing a more adversarial approach to criminal advocacy. On the other hand, the paper illuminates four subcategories within the group by providing in-depth narratives of several representative lawyers to reveal the complexity of the Sǐkē community. By combining the macro-level analysis of group characteristics with micro-level illustrations of individual stories, this paper offers a nuanced understanding of how Sǐkē lawyers have emerged and evolved. Despite the numerous challenges, Sǐkē lawyers have continued to advance criminal defense. The paper highlights the resilience of Sǐkē lawyers and seeks to inspire further exploration of lawyers’ interactions with the legal system. It also provides a fresh perspective on the dynamics of legal activism in restrictive regimes like that found in China.
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Who are the Chinese Sǐkē (Diehard) Lawyers?—A Belated Clarification
In: China Law and Society ReviewSearch for other papers by Qin Ma in
Current site
Google Scholar
PubMed
Abstract
Sǐkē lawyers, a transformative subset of China’s criminal defense lawyers who emerged in around 2009, are distinguished by their zealous advocacy, focus on procedural rights, and use of unconventional methods such as publicity and collective action. Due to the sensitivity of this topic and the barriers to accessing information, the research on Sǐkē lawyers has been limited. This paper seeks to clarify the distinctiveness of Sǐkē lawyers based on interviews, case studies, participatory observations, and media analysis. It adopts a dual approach to understanding Sǐkē lawyers. On the one hand, it examines the collective characteristics that distinguish them from traditional defense lawyers, human rights lawyers, and Weiquan (rights-protection) lawyers, highlighting traits that define them as a distinct group. While there is an overlap among these groups, Sǐkē lawyers set themselves apart by downplaying political motives and embracing a more adversarial approach to criminal advocacy. On the other hand, the paper illuminates four subcategories within the group by providing in-depth narratives of several representative lawyers to reveal the complexity of the Sǐkē community. By combining the macro-level analysis of group characteristics with micro-level illustrations of individual stories, this paper offers a nuanced understanding of how Sǐkē lawyers have emerged and evolved. Despite the numerous challenges, Sǐkē lawyers have continued to advance criminal defense. The paper highlights the resilience of Sǐkē lawyers and seeks to inspire further exploration of lawyers’ interactions with the legal system. It also provides a fresh perspective on the dynamics of legal activism in restrictive regimes like that found in China.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 96 | 96 | 43 |
| Full Text Views | 9 | 9 | 2 |
| PDF Views & Downloads | 17 | 17 | 4 |
