| Description |
1 online resource (92 pages) |
| Series |
Governance and public policy in China |
|
Brill research perspectives |
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Governance and public policy in China.
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Brill research perspectives.
|
| Contents |
Intro; Contents; Author Biographies; Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice; Abstract; Keywords; Introduction; 1 The Justice Storyline; 1.1 Procedural Justice and Accountability in an Authoritarian Context; 1.2 Asserting the Political Imperative to Prosecute and Punish; 1.3 Asserting the Importance of Stability to Define the Limits of Justice System Reform; 1.4 Reasserting Central Party Power to Improve and Standardize Criminal Trial Outcomes; 1.5 Procedural Justice Discourse and Scholarship in the Xi Era |
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2 The Policy-Implementing Structures of the Criminal Process2.1 Crime Control and Due Process; 2.2 The Structures of Procedure in an Activist State; 2.3 Mutual Coordination; 3 Three Areas of Concern; 3.1 The Presumption of Innocence; 3.2 Interrogational Torture; 3.3 Criminal Defense Lawyers; 4 Conclusion; References |
| Summary |
This review examines the literature on procedural justice and the fair trial over the past two decades in the People's Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China's political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. 0Procedural justice is a particularly pertinent issue today in China, because Xi Jinping's yifa zhiguo (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform |
| Bibliography |
Includes bibliographical references |
| Notes |
Online resource; title from digital title page (viewed on October 10, 2019) |
| Subject |
Criminal procedure -- China
|
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Criminal justice, Administration of -- China
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Fair trial -- China
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LAW -- Criminal Law -- General.
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Criminal justice, Administration of
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Criminal procedure
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Fair trial
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China
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| Form |
Electronic book
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| Author |
Trevaskes, Susan, 1964- author.
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| ISBN |
9789004386389 |
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9004386386 |
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