Transparency and legitimacy in Chinese criminal procedure : beyond adversarial dogmas / Shuai Zhang.
2017
KNQ4610 .Z53 2017 (Mapit)
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Author
Title
Transparency and legitimacy in Chinese criminal procedure : beyond adversarial dogmas / Shuai Zhang.
Imprint
The Hague, The Netherlands : Eleven International Publishing, [2017]
Description
xxv, 281 pages : illustrations ; 24 cm.
Series
Pompe reeks ; d. 87.
Formatted Contents Note
Introduction
Basic tenets of China's current criminal justice system
Transparency of Chinese criminal procedure
Basic tenets of the 'pure' adversarial system
Basic tenets and internal transparency of the English criminal procedure
Basic tenets and internal transparency of the Scottish criminal procedure
Basic tenets and internal transparency of the U.S. criminal procedure
Comparison between the adversarial systems
China's typical pattern of legitimate truth-finding and fair justice
Final conclusion.
Basic tenets of China's current criminal justice system
Transparency of Chinese criminal procedure
Basic tenets of the 'pure' adversarial system
Basic tenets and internal transparency of the English criminal procedure
Basic tenets and internal transparency of the Scottish criminal procedure
Basic tenets and internal transparency of the U.S. criminal procedure
Comparison between the adversarial systems
China's typical pattern of legitimate truth-finding and fair justice
Final conclusion.
Summary
In recent years, the legitimacy of China's criminal justice system has been increasingly challenged by the Chinese populace, in part due to the numerous exposed miscarriages of justice. The Chinese academic mainstream as well as the political and judicial authorities have looked towards the classical Anglo-American model of an adversarial criminal justice system to solve this problem. Reforms were subsequently introduced to add weight to court sessions and to provide external transparency of criminal trials, whilst curtailing the weight of pre-trial proceedings and the case file. Yet, these solutions have failed to restore the legitimacy of China's criminal justice. This book goes beyond adversarial dogmas and concentrates instead on internal transparency of criminal procedure, presupposing that in a criminal justice system such as that of China internal transparency of criminal procedure is a critical condition for external transparency and crucial to the achievement of legitimacy. The author proposes to nurture impartiality of public prosecutors and to emphasize internal transparency of criminal procedure. Prosecutorial control over the police and judicial checks on the procuratorates should be improved as well and active judicial investigation restored where necessary. External transparency, on the other hand, needs to be enhanced in a more cautious or internalized way.
Note
"This book has been defended at Utrecht University on 29 September 2017." -- Title page verso.
In recent years, the legitimacy of China's criminal justice system has been increasingly challenged by the Chinese populace, in part due to the numerous exposed miscarriages of justice. The Chinese academic mainstream as well as the political and judicial authorities have looked towards the classical Anglo-American model of an adversarial criminal justice system to solve this problem. Reforms were subsequently introduced to add weight to court sessions and to provide external transparency of criminal trials, whilst curtailing the weight of pre-trial proceedings and the case file. Yet, these solutions have failed to restore the legitimacy of China's criminal justice. This book goes beyond adversarial dogmas and concentrates instead on internal transparency of criminal procedure, presupposing that in a criminal justice system such as that of China internal transparency of criminal procedure is a critical condition for external transparency and crucial to the achievement of legitimacy. The author proposes to nurture impartiality of public prosecutors and to emphasize internal transparency of criminal procedure. Prosecutorial control over the police and judicial checks on the procuratorates should be improved as well and active judicial investigation restored where necessary. External transparency, on the other hand, needs to be enhanced in a more cautious or internalized way.
In recent years, the legitimacy of China's criminal justice system has been increasingly challenged by the Chinese populace, in part due to the numerous exposed miscarriages of justice. The Chinese academic mainstream as well as the political and judicial authorities have looked towards the classical Anglo-American model of an adversarial criminal justice system to solve this problem. Reforms were subsequently introduced to add weight to court sessions and to provide external transparency of criminal trials, whilst curtailing the weight of pre-trial proceedings and the case file. Yet, these solutions have failed to restore the legitimacy of China's criminal justice. This book goes beyond adversarial dogmas and concentrates instead on internal transparency of criminal procedure, presupposing that in a criminal justice system such as that of China internal transparency of criminal procedure is a critical condition for external transparency and crucial to the achievement of legitimacy. The author proposes to nurture impartiality of public prosecutors and to emphasize internal transparency of criminal procedure. Prosecutorial control over the police and judicial checks on the procuratorates should be improved as well and active judicial investigation restored where necessary. External transparency, on the other hand, needs to be enhanced in a more cautious or internalized way.
Location
STA
Call Number
KNQ4610 .Z53 2017
Language
English
ISBN
9462367620
9789462367623
9789462367623
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