Since 1979, when the drive to establish a functioning legal system began, more than 300 laws and regulations, most of them in the economic area, have been promulgated. The use of mediation committees--informed groups of citizens who resolve about 90% of China's civil disputes and some minor criminal cases at no cost to the parties--is one innovative device. There are more than 800,000 such committees in both rural and urban areas.

Legal reform became a government priority in the 1990s. Legislation designed to modernize and professionalize the nation's lawyers, judges, and prisons was enacted. The 1994 Administrative Procedure Law allows citizens to sue officials for abuse of authority or malfeasance. In addition, the criminal law and the criminal procedures laws were amended to introduce significant reforms. The criminal law amendments abolished the crime of "counter-revolutionary" activity, although many persons are still incarcerated for that crime. Criminal procedures reforms also encouraged establishment of a more transparent, adversarial trial process. The Chinese constitution and laws provide for fundamental human rights, including due process, but these are often ignored in practice. In addition to other judicial reforms, the Constitution was amended in 2004 to include the protection of individual human rights and legally-obtained private property, but it is unclear how those provisions will be implemented. Although new criminal and civil laws have provided additional safeguards to citizens, previously debated political reforms, including expanding elections to the township level, and other legal reforms, including the reform of the reeducation through labor system, have been put on hold.

At the same time, Chinaís economic growth and reform since 1978 has improved dramatically the lives of hundreds of millions of Chinese, increased social mobility, and expanded the scope of personal freedom. This has meant substantially greater freedom of travel, employment opportunity, educational and cultural pursuits, job and housing choices, and access to information. In recent years, China has also passed new criminal and civil laws that provide additional safeguards to citizens. Village elections have been carried out in over 90% of Chinaís one million villages.

We have conducted 12 rounds of human rights dialogue with China since Tiananmen. During 2003 and 2004, no progress was made on the commitments China made at the 2002 Dialogue and we declined to schedule another round. In November 2004 we initiated negotiations on outstanding commitments with China and these commitments have been met. We are now, in principle, prepared to resume our formal human rights dialogue with China. Although we have not yet engaged in discussions about a date for such a dialogue, during his February 2006 trip to Beijing, Assistant Secretary of State Barry Lowenkron urged progress on specific human rights concerns that President Bush raised with President Hu in September and November 2005, and outlined areas on which we would like to focus in future dialogue.