Procedural Justice And The Fair Trial In Contemporary Chinese Criminal Justice

Author : Elisa Nesossi
Publisher : BRILL
ISBN 13 : 9004386386
Total Pages : 100 pages
Book Rating : 4.89/5 ( download)

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Download or read book Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice written by Elisa Nesossi and published by BRILL. This book was released on 2018-09-04 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : DENG Hua
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480480
Total Pages : 4 pages
Book Rating : 4.81/5 ( download)

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Download or read book International Human Rights Law and the Advancement of the Right to a Fair Trial in China written by DENG Hua and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-08-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Flora Sapio
Publisher : Cambridge University Press
ISBN 13 : 1108121322
Total Pages : 411 pages
Book Rating : 4.23/5 ( download)

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Download or read book Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 9780739119884
Total Pages : 244 pages
Book Rating : 4.85/5 ( download)

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Download or read book Courts and Criminal Justice in Contemporary China written by Susan Trevaskes and published by Lexington Books. This book was released on 2007 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Yanyou Yi
Publisher :
ISBN 13 : 9781931907828
Total Pages : 330 pages
Book Rating : 4.2X/5 ( download)

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Download or read book Understanding China's Criminal Procedure written by Yanyou Yi and published by . This book was released on 2013 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Michael McConville
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955867
Total Pages : 614 pages
Book Rating : 4.64/5 ( download)

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Download or read book Comparative Perspectives on Criminal Justice in China written by Michael McConville and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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 : Jingkun Liu
Publisher : Springer
ISBN 13 : 981133756X
Total Pages : 335 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Exclusionary Rule of Illegal Evidence in China written by Jingkun Liu and published by Springer. This book was released on 2019-02-18 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.

Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.02/5 ( download)

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Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Liling Yue
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934936
Total Pages : 248 pages
Book Rating : 4.35/5 ( download)

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Download or read book Principles of Chinese Criminal Procedure written by Liling Yue and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Ruihua Chen
Publisher : Springer Nature
ISBN 13 : 981193651X
Total Pages : 335 pages
Book Rating : 4.17/5 ( download)

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Download or read book Models of Criminal Procedure System written by Ruihua Chen and published by Springer Nature. This book was released on 2022-10-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.