Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice.

• Superior document: Governance and public policy in China
• VerfasserIn: Elisa Nesossi; Susan Trevaskes
• Author: Trevaskes, Susan, 1964-
• TeilnehmendeR: Trevaskes, Susan, 1964-
• Place / Publishing House: Leiden, , Boston: : Brill, , 2018.
• Year of Publication: 2018
• Language: English
• Series: Brill Research Perspectives.
• Physical Description: 1 online resource (92 pages).

This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s 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 China’s 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 Jinping’s yifa zhiguo 依法治国 (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.

Table of Contents

Front Matter -- Copyright page -- Author Biographies -- Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice.