Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice (Brill Research Perspectives in Humanities and Social Sciences / Brill Research Perspectives in Governance and Public Policy in China)

Nesossi, Elisa/ Trevaskes, Susan

Brill（2018/08発売）

• 製本 Paperback:紙装版/ペーパーバック版／ページ数 92 p.
• 言語 ENG
• 商品コード 9789004386372

Full Description

This review examines the literature on procedural justice and the fair trial over the past two decades in the Peoples 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 Chinas 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.

Procedural justice is a particularly pertinent issue today in China, because Xi Jinpings 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.

Contents

Contents

Author Biographies

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

Elisa Nesossi and Susan Trevaskes

Abstract

Keywords

 Introduction

 1 The Justice Storyline

 2 The Policy-Implementing Structures of the Criminal Process

 3 Three Areas of Concern

 4 Conclusion

 References