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Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329 interviews across China, and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defense bar in China from 2005 to 2015. This book is the first to examine everyday criminal defense work in China as a political project. The authors engage extensive scholarship on lawyers and political liberalism across the world, from seventeenth-century Europe to late twentieth-century Korea and Taiwan, drawing on theoretical propositions from this body of theory to examine the strategies and constraints of lawyer mobilization in China. The book brings a fresh perspective through its focus on everyday work and ordinary lawyering in an authoritarian context and raises searching questions about law and lawyers, politics and society, in China's uncertain future.
This Book is an essential resource that demystifies the Chinese criminal justice system authored by Guo Huan Law Firm and its lawyers team. It is a comprehensive manual that provides readers with an in-depth understanding of the rights and protections afforded to individuals under Chinese law. Key features of this guide include: Fundamental Principles: An exploration of the core principles that underpin Chinese criminal law, including the presumption of innocence and the right to a fair trial. Criminal Procedures: A detailed walkthrough of the stages of criminal proceedings, from investigation and arrest to trial and appeal. Rights of the Accused: A clear explanation of the rights of individuals accused of a crime, including the right to legal representation and to remain silent. Defense Strategies: Practical advice on building a robust defense, including the collection of evidence and the cross-examination of witnesses. Sentencing and Penalties: An overview of the sentencing process and the types of penalties that may be imposed under Chinese law. Rehabilitation and Reintegration: Insights into the mechanisms for rehabilitation and reintegration of offenders into society after serving their sentences. Legal Reforms and Trends: An analysis of recent legal reforms and ongoing trends in Chinese criminal law, highlighting areas of development and potential for future change. This book is written with the intent to serve as a reliable companion for anyone seeking to understand or engage with Chinese criminal law. It is a practical guide that combines legal expertise with a commitment to upholding the rights of the individual. "Defending Your Rights" is not just a book; it is a champion for justice and a defender of rights in the complex landscape of Chinese criminal law.
The intimidation of defense attorneys poses a major challenge to China's criminal justice system and the Chinese leadership's stated goals of building the rule of law and protecting the rights of PRC citizens. In recent years, China's leaders have taken some positive steps toward these goals by amending the PRC Criminal Procedure Law to enhance the rights of criminal defendants and making public commitments to restrain law enforcement abuses. However, these steps forward are being undermined by the intimidation of China's defense attorneys. Such harassment, which has been highlighted by the recent prosecution of Zhang Jianzhong, one of China's most prominent defense lawyers, has contributed to low morale in the Chinese defense bar and a lack of aggressiveness in criminal defense. It has also contributed to a steady decline in the percentage of Chinese criminal defendants represented by legal counsel, despite a continuing increase in the number of lawyers in China. These trends have sparked a vibrant debate in China on appropriate protections for criminal defense lawyers. Chinese authorities can take several steps to address these problems by: (1) recognizing the important implications of the Zhang Jianzhong case for rule of law in China and demonstrating that Zhang has been treated fairly under the law; (2) repealing Article 306 of the PRC Criminal Law, an unnecessary provision on evidence fabrication that is often used to harass defense attorneys; (3) raising evidentiary requirements in evidence fabrication cases and clarifying related statutory language; and (4) giving an All China Lawyers Association disciplinary committee primary responsibility for adjudicating cases of evidence fabrication and similar misconduct involving defense attorneys.--Executive summary.
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.
.Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'
The intimidation of defense attorneys poses a major challenge to China's criminal justice system and the Chinese leadership's stated goals of building the rule of law and protecting the rights of PRC citizens. In recent years, China's leaders have taken some positive steps toward these goals by amending the PRC Criminal Procedure Law to enhance the rights of criminal defendants and making public commitments to restrain law enforcement abuses. However, these steps forward are being undermined by the intimidation of China's defense attorneys. Such harassment, which has been highlighted by the recent prosecution of Zhang Jianzhong, one of China's most prominent defense lawyers, has contributed to low morale in the Chinese defense bar and a lack of aggressiveness in criminal defense. It has also contributed to a steady decline in the percentage of Chinese criminal defendants represented by legal counsel, despite a continuing increase in the number of lawyers in China. These trends have sparked a vibrant debate in China on appropriate protections for criminal defense lawyers. Chinese authorities can take several steps to address these problems by: (1) recognizing the important implications of the Zhang Jianzhong case for rule of law in China and demonstrating that Zhang has been treated fairly under the law; (2) repealing Article 306 of the PRC Criminal Law, an unnecessary provision on evidence fabrication that is often used to harass defense attorneys; (3) raising evidentiary requirements in evidence fabrication cases and clarifying related statutory language; and (4) giving an All China Lawyers Association disciplinary committee primary responsibility for adjudicating cases of evidence fabrication and similar misconduct involving defense attorneys.--Executive summary.
Navigating Criminal Law in China provides an authoritative, insiders perspective on the principles and organization of the Chinese legal system and offers valuable insight into the Peoples Republic of China (PRC) Criminal Law and Criminal Procedure Law. Featuring partners and chairs from some of Chinas leading law firms, this book guides the reader through the process of demystifying the structure of Chinese criminal law and the implications for effective defense strategies. These top lawyers provide guidance on the history, major elements, and recent developments of the Chinese criminal code with special focus on the Criminal Laws Eighth Amendment, enacted in 2011. Finally, these leaders share their thoughts on the criminal trial process, offering practical insights and references to key criminal cases in China. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer their thoughts on the evolution of criminal practice in China.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
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.