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The Construction of Guilt in China: An Empirical Account of Routine Chinese Injustice (eBook)


ISBN13: 9781509913039
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £63.00
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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. Setting within a broad socio-legal context, this book 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 follows the investigative dossier in the criminal process - how it is constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony - as its focal point. It 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. This book will appeal to academics, researchers, policy advisors and practitioners working in the areas of criminal law, comparative criminal justice/criminology, as well as in Chinese studies.

Subjects:
International Criminal Law, Other Jurisdictions , eBooks, China
Contents:
1. Introduction
I. Criminal Injustice in China
II. Truth as Objectivity, Constructions and Rhetoric
III. Bureaucracy, Ideology and Performance Indicators in Chinese Criminal Justice
2. Researching the Chinese Criminal Justice System
I. Outline of Fieldwork
II. The Social Makeup of the Suspects
3. The Construction of the Police Cases
I. The Context: The Chinese Police and their Role in the Criminal Justice System
II. The Official Version of Truth
III. Aligning Confession Evidence with the Official Version of the Truth
IV. Interviewing Witnesses
V. Crime Scene Identification
VI. The Defence Predicament in the Investigative Phase
VII. Conclusion
4. Reviewing the Police Case
I. The Soviet Legacy and the Intricacy of the Supervisory Power of the Procuratorate
II. The Role of the Prosecutor
III. Overseeing the Police Case
IV. Conclusion
5. Pre-trial Decisions Concerning Prosecution
I. The Discretionary Power Not to Prosecute
II. Decisions on the Modes of Trial
III. Constructing the Defence Case at the Pre-trial Prosecution Review Stage
IV. Conclusion
6. Trials without Witnesses
I. Hollowed Criminal Trials and Criminal Case Dossiers
II. The Judge–Prosecutor Relationship
III. Trial without Witnesses
IV. Managerialism and Abbreviated Trials
V. The Full Adjudication: Trial without Witnesses
VI. Conclusion
7. Concluding Remarks

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