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The Construction of Guilt in China: An Empirical Account of Routine Chinese Injustice

The Construction of Guilt in China: An Empirical Account of Routine Chinese Injustice

Author: Yu Mou
Publisher: Hart Publishing
ISBN: 9781509913022
Published In: April 2020
Format: Hardback
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥22,686.95

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Contents

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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. Setting within a broad socio-legal context, this book 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 follows the investigative dossier in the criminal process - how it is constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony - as its focal point. It 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. This book will appeal to academics, researchers, policy advisors and practitioners working in the areas of criminal law, comparative criminal justice/criminology, as well as in Chinese studies.

1. Introduction

I. Criminal Injustice in China

II. Truth as Objectivity, Constructions and Rhetoric

III. Bureaucracy, Ideology and Performance Indicators in Chinese Criminal Justice

2. Researching the Chinese Criminal Justice System

I. Outline of Fieldwork

II. The Social Makeup of the Suspects

3. The Construction of the Police Cases

I. The Context: The Chinese Police and their Role in the Criminal Justice System

II. The Official Version of Truth

III. Aligning Confession Evidence with the Official Version of the Truth

IV. Interviewing Witnesses