Comparative perspectives on criminal justice in China
By: edited by Mike McConville, Eva Pils
Publisher: Edward Elgar; Elgar Publishing, Incorporated, Edward
Published: 2013
Place of publication: Cheltenham, UK; Northampton, MA, USA
Language: eng; may
Number of pages: 593
ISBN-13: 9781781955857; 9781781955864
Subjects: Administration of Criminal justice; Criminal procedure
Description: 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.
Notes: Includes bibliographical references (p. 504-568) and index.
Table of contents: title: Introductory reflections  -- Jerome A. Cohen; title: Comparative empirical co-ordinates and the dynamics of criminal justice in China and the West  -- Mike McConville; title: Wrongful convictions and tortured confessions : empirical studies in mainland China  -- He Jiahong and He Ran; title: China's tortuous path toward ending torture in criminal investigations  -- Ira Belkin; title: Experimental psychology and criminal justice reform  -- Thomas Stutsman; title: Issues in the reform of China's public prosecution system : against the backdrop of new revisions to the criminal procedure law  -- Chen Guanzhong; title: The guilty plea : an Australian/Chinese comparison  -- Ian Dobinson; title: Lawyers' activism and the expansion of the right to counsel in Taiwan  -- Yu-Jie Chen; title: The role of criminal defence lawyers in China : an empirical study of D County, S Province  -- Zuo Weimin and Ma Jinghua; title: Compromising for "justice"? : criminal proceedings and the ethical quandaries of Chinese lawyers  -- Elisa Nesossi; title: Who should be entitled to initiate a mental examination process? : an empirical perspective  -- Zhiyuan Guo; title: Killing the lawyer as the last resort : the Li Zhuang case and its effects on criminal defence in China  -- Lan Rongjie; title: Rights in the new regime for treatment of drug dependency  -- Sarah Biddulph; title: Legal erosion and the policing of petitions  -- Flora Sapio; title: Resolving the "endless narrative" : criminal defamation and expression rights in China  -- Joshua D. Rosenzweig; title: The upward and downward spirals in China's anti-corruption enforcement  -- Fu Hualing; title: "Disappearing" China's human rights lawyers  -- Eva Pils; title: Politics and criminal justice  -- Jerome A. Cohen -- Concluding observations / -- Stanley B. Lubman; title: Comments on the 2012 revision of the Chinese criminal procedure law -- Joshua D. Rosenzweig, Flora Sapio, Jiang Jue, Teng Biao and Eva Pils.