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Comparative Perspectives on Criminal Justice in China

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Edited by: Mike McConville, Eva Pils

ISBN13: 9781781955857
Published: February 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £133.00



Despatched in 3 to 5 days.

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.

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Subjects:
Other Jurisdictions , China
Contents:
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