TY  - BOOK
AU  - Elisa Nesossi; Susan Trevaskes
TI  - Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice
SN  - 9789004386389
AV  - KNQ4610 .N47 2018
U1  - 345.5105 23
PY  - 2018///
CY  - Leiden, , Boston: 
PB  - Brill, 
KW  - Criminal procedure
KW  - China
KW  - Criminal justice, Administration of
KW  - Fair trial
N1  - Front Matter -- Copyright page -- Author Biographies -- Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice
N2  - 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
UR  - http://dx.doi.org/10.1163/9789004386389
ER  -