The Construction of Guilt in China

The Construction of Guilt in China
Title The Construction of Guilt in China PDF eBook
Author Yu Mou
Publisher Bloomsbury Publishing
Pages 273
Release 2020-04-02
Genre History
ISBN 1509913041

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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. 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.

Back from the Dead

Back from the Dead
Title Back from the Dead PDF eBook
Author He Jiahong
Publisher University of Hawaii Press
Pages 265
Release 2016-03-31
Genre Law
ISBN 0824856619

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China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.

Courts and Criminal Justice in Contemporary China

Courts and Criminal Justice in Contemporary China
Title Courts and Criminal Justice in Contemporary China PDF eBook
Author Susan Trevaskes
Publisher Lexington Books
Pages 244
Release 2007
Genre Law
ISBN 9780739119884

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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.

Criminal Justice in China

Criminal Justice in China
Title Criminal Justice in China PDF eBook
Author Mike McConville
Publisher Edward Elgar Publishing
Pages 577
Release 2011-01-01
Genre Law
ISBN 0857931911

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.Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'

Do Exclusionary Rules Ensure a Fair Trial?

Do Exclusionary Rules Ensure a Fair Trial?
Title Do Exclusionary Rules Ensure a Fair Trial? PDF eBook
Author Sabine Gless
Publisher Springer
Pages 387
Release 2019-04-17
Genre Law
ISBN 3030125203

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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.

Bird in a Cage

Bird in a Cage
Title Bird in a Cage PDF eBook
Author Stanley B. Lubman
Publisher Stanford University Press
Pages 464
Release 1999
Genre Law
ISBN 9780804743785

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This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Disciplining Judges

Disciplining Judges
Title Disciplining Judges PDF eBook
Author Richard Devlin
Publisher Edward Elgar Publishing
Pages 384
Release 2021-01-29
Genre Law
ISBN 1789902371

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Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.