Home >
Law >
Criminal Law >
Comparative Perspectives On Criminal Justice In China

Comparative Perspectives On Criminal Justice In China

Author: Mike McConville; Eva Pils
Publisher: Edward Elgar Publishing
ISBN: 9781781955857
Published In: February 2013
Format: Hardback , 624 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

‘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.

PART I: COMPARATIVE PERSPECTIVES ON CRIMINAL JUSTICE

1. Introductory Reflections
Jerome A. Cohen

2. Comparative Empirical Co-ordinates and the Dynamics of Criminal Justice in China and the West
Mike McConville

PART II: THE INVESTIGATION OF CRIME
3. Wrongful Convictions and Judicial Reform in China
He Jiahong

4. China’s Tortuous Path Toward Ending Torture in Criminal Investigations
Ira Belkin

5. Culture, Psychology, and Criminal Justice Reform: Reforming Eyewitness Interview Procedures to Reduce Wrongful Convictions in China
Tom Stutsman

PART III: THE PROSECUTION OF CRIME AND TRIAL PROCESS
6. Issues Concerning the Reform of the Chinese Prosecution System
Chen Guangzhong

7. An Analysis of Independent Sentencing Procedures from the Perspective of the Wuhu Pilot Model
Chen Weidong

8. The Guilty Plea: An Australian/Chinese Comparison
Ian Dobinson

PART IV: CRIMINAL DEFENCE
9. The Right to Counsel during Police Interrogation in Taiwan
Chen Yu-Jie

10. On the Role of Criminal Defence Lawyers in China: An Empirical Study of the Sample of D County, S Province
Zuo Weimin

11. Lawyers and Access to (Criminal) Justice in the PRC
Elisa Nesossi

12. Who Should Be Entitled to Initiate a Mental Examination Process? An Empirical Perspective
Guo Zhiyuan

13. Killing the Lawyer as the Last Resort: The Li Zhuang Case and Its Effects on Criminal Defence in China
Lan Rongjie

PART V: PUNISHMENT REGIMES EXTERNAL TO THE CRIMINAL JUSTICE SYSTEM
14. Rights in the New Regime for Treatment of Drug Dependency Legal Erosion and the Policing of Petitions

15. Legal Erosion and the Policing of Petitions
Flora Sapio

16. Defining Space for Free Expression in China through Public Critique of Criminal Defamation Cases
Joshua Rosenzweig

17. The Upward and Downward Spirals in China’s Anti-Corruption Enforcement
Fu Hualing

18. ‘Disappearing’ China’s Human Rights Lawyers
Eva Pils

19. Politics and Criminal Justice
Jerome A. Cohen

PART VI: CONCLUDING OBSERVATIONS
20. Concluding Observations
Stanley B. Lubman

PART VII: POSTSCRIPT: THE 2012 PRC CRIMINAL PROCEDURE LAW
21. Major Aspects of the 2012 Revision of the PRC Criminal Procedure Law
Joshua Rosenzweig, Flora Sapio, Jiang Jue, Eva Pils and Teng Biao

Edited by Mike McConville, Research Professor, Centre for Rights and Justice, Faculty of Law, The Chinese University of Hong Kong and Eva Pils, Associate Professor, Centre for Rights and Justice, Faculty of Law, The Chinese University of Hong Kong