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Chinese Courts and Criminal Procedure: Post-2013 Reforms

Edited by: Björn Ahl

ISBN13: 9781108833301
Published: July 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition , ISBN13 9781108978316



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Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law.

The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.

Subjects:
Other Jurisdictions , China
Contents:
Post-2013 Reforms of the Chinese courts and criminal procedure: an introduction
Björn Ahl
1. The meandering path of judicial reform with Chinese characteristics
Xiaohong Yu
2. Dimensions and contradictions of judicial reforms in China
Yulin Fu
3. How the Supreme People's Court drafts criminal procedure judicial interpretations
Susan Finder
4. Judicial (dis-)empowerment and centralisation efforts: institutional impacts of China's new supervision commissions
Ye Meng
5. A new model of habeas corpus in China? Procuratorial necessity examination of pre-trial custody
Alexandra Kaiser
6. Live witness testimony in the Chinese criminal courts
Zhiyuan Guo
7. Blood money and negotiated justice in China
Kwai Hang Ng and Xin He
8. Performance evaluation in the context of criminal justice reform: a critical analysis
Michelle Miao
9. From populism to professionalism: the media and criminal justice in China
Daniel Sprick