Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice PDF Download

Author: Elisa Nesossi
Publisher: BRILL
ISBN: 9004386386
Category : Political Science
Languages : en
Pages : 100

View

Book Description
This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China

Author: Flora Sapio
Publisher: Cambridge University Press
ISBN: 1108121322
Category : Law
Languages : en
Pages : 411

View

Book Description
Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society, and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.

Author: Susan Trevaskes
Publisher: Lexington Books
ISBN: 9780739119884
Category : Law
Languages : en
Pages : 244

View

Book Description
This book considers 'law on display' in Chinese courts. As the first sustained study of criminal trials, rallies, and campaigns in Chinese courts, it offers an account of how law and punishment is constructed and represented both in practice and in rhetoric.

Author: Yanbin Lü
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages :

View

Book Description
This paper presents a critical analysis of the current human rights protection for suspects in the criminal justice system of China, evaluating them from the view of international human rights law and practice, in particular, the International Covenant on Civil and Political Rights(ICCPR) and European Convention of Human Rights(ECHR). The theme that runs through the paper is whether the right to fair trial is practically and adequately available to the suspect in China according to the established international standards. The hypothesis is that by addressing the distance between the Chinese system and international standards on the issue of human rights protection for suspects in the pre-trail criminal procedure, and the causes for this distance, the direction of further reform for criminal justice system will become clearer and more practical. The ultimate purpose of this paper is to consider how to handle the relationship between crime control and human rights protection, when the crime rates in China have generally been rising along with the high-speed economic development in recent years. Before outlining the performance of China, this paper considers the current understanding and interpretation of the relevant standards in ICCPR and ECHR. Extensive consideration is then given to weigh criminal procedure law and its practice in China against those international standards in a new detailed part. Taking into account the highly influential effects of China?s traditional legal culture and special social situation, the paper is devoted to investigate four most pressing issues regarding the continuing Chinese criminal justice reform on the pre-trial procedure in different chapters: guiding ideologies and basic principles, the pre-trial compulsory measures system, prevention of the use of illegal evidence obtained through torture and the right to legal counsel before trial. This comprehensive examination shows the significant progress regarding fair trial rights for suspects China has made in meeting international standards set in ICCPR, in particular the Criminal Procedure Law of 1996. The barriers and challenges that impair the criminal procedural rights for suspects and impede the proper enforcement of the existing criminal justice system to come in line with international standards are also highlighted with possible suggestions of improvements. These problems root in current social, cultural and institutional conditions under which the criminal justice system operates, including difficulties in changing the traditional ideology, the deficiencies and failure with the law itself for certain issues, the incorrect and ineffective enforcement of the law, and a severe shortage of professionally qualified judges, prosecutors, police and lawyers. As a result, the practices in human rights violation against suspects that subsequent reforms have been trying to eradicate still remain in the Chinese criminal justice system. The thesis concludes with the allegation that the introduction of some key rights into Chinese criminal justice system to provide greater protection to its suspects for preventing possible stage power abuse is a step in the right direction, but further procedural safeguards are necessary to ensure an effective rebalance of China?s criminal justice system. Apart from improving its legal system to fully comply with international human rights standard, the reform must fit within the Chinese culture and way of life. Therefore, the government must consider further actions to address and develop the cultural and social conditions of the Chinese criminal justice system.

Author: Yu Mou
Publisher: Bloomsbury Publishing
ISBN: 1509913041
Category : Law
Languages : en
Pages : 280

View

Book Description
Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.

Author: Michael McConville
Publisher: Edward Elgar Publishing
ISBN: 1781955867
Category : Law
Languages : en
Pages : 614

View

Book Description
'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.

Author: Yanyou Yi
Publisher:
ISBN: 9781931907828
Category : Law
Languages : en
Pages : 330

View

Book Description
This book gives a concise but comprehensive introduction to Chinese Criminal Procedure to people who do not know Chinese language but are interested in learning about Chinese law. In order to make the introduction easily accessible, this book discusses problems which are commonly examined and debated by Western scholars in a way that Western legal scholars are familiar with. Since a significant amount of Western criminal procedure laws concerns citizens' constitutional rights, this book focuses on the protections of citizens' constitutional rights in the context of criminal procedure. In particular, this book seeks to address the following questions: To what extent does the contemporary Chinese Criminal Procedure Law protects citizens' houses, privacy and personal freedom? Does the suspect have the right to remain silent when being interrogated? Shall the defendant be presumed innocent when facing a criminal charge? To what extent does a defendant have the right to a fair trial? These questions will be addressed in turn in this book, providing detailed analysis and explanations for each of the issues identified. YI Yanyou is an Associate Professor and the Director of the Evidence Law Research Center at the School of Law of Tsinghua University in Beijing. YI teaches and researches in the area of criminal procedure law, evidence law, and judicial system. He is the author of Chinese Criminal Procedure and Chinese Society (Peking University Press, 2010); The System and Spirit of Evidence Law: With Special Reference to Anglo-American Law (Peking University Press, 2010); Law of Criminal Procedure (Law Press, 2008); Jury Trial and the Adversary System (Taipei, Sanming Bookstore, 2004); and On the Right to Remain Silent, China University of Politics and Law Press, 2001). Yi's publications also include more than 30 scholarly articles and essays published in law reviews and journals.

Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387

View

Book Description
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Author: Ruihua Chen
Publisher: Springer Nature
ISBN: 981193651X
Category : Law
Languages : en
Pages : 335

View

Book Description
This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.

Author: Liling Yue
Publisher: Bloomsbury Publishing
ISBN: 1509934936
Category : Law
Languages : en
Pages : 248

View

Book Description
This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.