在大陸，有許多律師，千辛萬苦拿到律師資格，可以執業，就是無法為顧客做滿意的服務，在一些重大案件或政治案件的審理，其事實上，法官早就做好判決，有些消息早就被刻意釋放出來，如果受託付的律師，還不自量力的話，會受到有關當局的警告、恐嚇，甚至於毆打。
講到中共人權問題，其根源必須由法律面解決，而執法人員與律師的合理尊重，也要能夠在公平、公開、公正的法治精神下依法辦事，由於中共的領袖意識，可以涵蓋一切面，故判決的方式與結果，往往受到牽制，以合乎上意的要求，故所謂之判決過程，會有加工加料作秀的味道，地方法院的情形，受政策左右，法官的權力來自上級的默許方可施為，這是很怪異的現象，當然更談不上為國際交相指責的人權待遇，如刑求、逼供、虐待人犯、預設罪證、牽連無辜、或因應當局需求、或配合地方惡鬥…等等。
於此次人大會議中，亦有104頁有關改善中共罪犯偵查判決過程的案件，對警察的偵查，濫用權勢，有建設性的提議。但是中共中央當局，就嚴重的干涉司法，常命令各級法院，對某種罪犯必須如何如何，並禁止律師不可為某種案件做辯解，如法輪功或政治異議份子的起訴與判決，皆須遵行中央政策需要。
現在中共的法治問題，會被提示出來，是因為太多的外國商團參與中共市場的運作，而於文化大革命以來，中共統控市場經濟與傳統中藥的配銷，已經牢不可破，但是在現代化的衝擊之下，這些壟斷的市場必得開放，而開放的過程產生積習與利益的爭執，會造成很大的動亂。
在改革開放的這幾年間，法律的不足與法治精神的缺乏，有很多外商如日本，就吃了許多“悶虧”，不少台商專門講關係做人情的生意手段，亦往往會因為政策的一改再改，吃上官司或上當，回台灣吃老米飯。故吾等百思不解的是，在中共未能做好內部法治準備工作的時候，台商的保障在哪裏？
茲附有關英文稿於下，請配合參考。
Rights Group: Mainland China far from justice
March 5, 2001 ---
Reforms in the way mainland China processes accused criminals — widely welcomed five years ago — have in some areas led to worse abuse, failed to curb torture and made defense lawyers' work more difficult and even dangerous, a human rights group says.
In a damning report coinciding with the opening of the annual session of mainland China's parliament, Human Rights in mainland China appealed today for major reforms to protect defendants' rights, among them an end to the ruling Communist Party's tight grip on the nation's courts.
The New York-based group's report added to mounting international criticism of mainland China's rights record heading into the United Nations' main annual human rights conference. The United States, citing what it said was a deterioration in mainland China's rights record in the year 2000, said last week that it would seek to censure mainland China at the U.N.
Human Rights Commission meeting that starts March 19 in Geneva. Human Rights in mainland China's 104-page report focused on mainland China's Criminal Procedure Law, key legislation revised in 1996 to give lawyers faster access to accused criminals and more time to prepare defenses, and to curb some sweeping police powers of detention.
Despite the reforms, which were welcomed internationally and domestically,“Mainland China is still a long way from a system that protects the rights of suspects and defendants,”the group said.
In some areas, the law“actually resulted in greater limitations of key rights,”the report said, adding that the use of torture, often to extract confessions, also is“epidemic”despite its prohibition.
Dissidents, labor organizers and others viewed as political threats to the government, including members of the banned Falun Gong spiritual movement, are routinely denied legal rights, the group said.
The families of detained dissidents sometimes are not informed of arrests for weeks or months. Dissidents frequently are tried behind closed doors, and often are denied legal counsel or are unable to find lawyers willing to risk official ire by defending them.
In Beijing, officials ordered lawyers not to provide counsel to Falun Gong followers without approval from the city's Justice Department, Human Rights in mainland China said, citing a government circular issued July 29, 1999 — a week after the spiritual group was outlawed as a threat to society and communist rule.
“In mainland China, political will always prevails over due process,”the group said.“Unless mainland China changes its policy of discrimination against dissident defendants, it cannot be said to truly respect the rule of law.”
Mainland China's efforts to build rule by law, rather than by officials, is a recurrent theme at major government meetings such as the annual session of the National People's Congress, which this year meets for 11 days.
After two decades of market reform and a determination never to repeat the brutal lawlessness of the radical 1966-76 Cultural Revolution, the legislature and government have introduced thousands of laws and regulations covering everything from stock markets to traditional Chinese medicine.
The number of court cases has surged as citizens seek to enforce new legal rights and the wholly state-run media is granted greater leeway to discuss official abuses.
But in an illustration of how official powers remain entrenched, the 1996 revisions that granted lawyers earlier access to defendants also made them more likely to come into conflict with authorities, putting them“at an even greater risk than before,”Human Rights in mainland China said.
Police and prosecutors harass and intimidate lawyers, discouraging them from defending criminal cases.“In the worst cases, lawyers are detained, beaten up or even convicted for doing nothing more than vigorously representing their clients,”the group said.
