FOR IMMEDIATE RELEASE — September 4, 2026
The Free China Movement (FCM) calls for protection of lawyers’ professional independence and enforceable constitutional limits on national-defense mobilization powers following major legal revisions adopted by PRC authorities in mainland China on August 28, 2026.
The revised National Defense Mobilization Law, effective October 1, expressly places national-defense mobilization under Chinese Communist Party (CCP) leadership and establishes an extensive framework covering mobilization planning, reserve personnel, strategic materials, military production, civilian-resource requisition, special measures and legal responsibility. The revised Lawyers Law, effective September 1, states that lawyers’ work shall adhere to CCP leadership, requires CCP organizations in law firms, and makes support for CCP leadership and the PRC’s “socialist rule of law” statutory qualifications for lawyers.
FCM rejects the proposition that national security requires unchecked political power. A free mainland China must be capable of defending itself, but no ruling party should stand above the Constitution, no emergency should extinguish independent judicial review, and no lawyer should be required to demonstrate loyalty to a political party in order to defend a citizen before the state.
FCM Calls For
- An independent legal profession. Lawyers must be free to represent clients—including defendants in political, human-rights and national-security cases—according to law and professional ethics rather than political-party loyalty.
- Constitutional limits on mobilization and emergency powers. Extraordinary powers must be authorized by law, triggered by clearly defined conditions, necessary and proportionate, limited in duration and subject to transparent democratic oversight.
- Independent judicial review and due process. Citizens, organizations and businesses affected by requisition, restrictions or other extraordinary measures must have access to independent courts and effective remedies.
- Protection of property and just compensation. Any lawful requisition or expropriation of civilian resources must be documented, reviewable and accompanied by fair and enforceable compensation rights.
- Democratic civilian accountability. National-defense mobilization must ultimately be accountable to constitutional civilian institutions rather than unchecked party authority.
A Third Republic Constitutional Commitment
FCM calls for a future democratic Third Republic to constitutionally guarantee an independent judiciary and legal profession; civilian and legislative control over national-defense mobilization; narrowly defined emergency powers; judicial review of extraordinary measures; due process and just compensation for requisitioned property; and enforceable remedies against unlawful government action.
National security and individual liberty are not mutually exclusive. Strong national defense is more legitimate and sustainable when power is constrained by constitutional law, independent courts and democratic accountability.
The Chinese people and the Chinese nation must not be conflated with the current PRC/CCP authorities governing mainland China. FCM supports the ability of a future free mainland China to defend the country while rejecting unchecked party-state authority over citizens, lawyers and civilian society.
Related FCM analysis: PRC Authorities in Mainland China Revise Mobilization and Lawyers Laws, Expanding CCP Authority Over Defense Preparedness and the Legal Profession
Primary sources: National Defense Mobilization Law · NPC Standing Committee decision amending the Lawyers Law
Media Contact
Free China Movement
contact@freechina.live
+1 (571) 895-7066
Free China 
Leave a comment