scholarly journals The Modernization of Contemporary Chinese Criminal Justice : A Historical View

2007 ◽  
Vol null (35) ◽  
pp. 295-328
Author(s):  
쉬션지앤 ◽  
ShinWooCheol
Keyword(s):  
Criminal Justice ◽  
Historical View ◽  
Contemporary Chinese ◽  
Chinese Criminal Justice

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

2017 ◽  
Vol 2 (1-2) ◽  
pp. 1-92
Author(s):  
Elisa Nesossi ◽  
Susan Trevaskes
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Fair Trial ◽  
Republic Of China ◽  
Political Events ◽  
Legal Structures ◽  
Time Part ◽  
Substantive Justice ◽  
Contemporary Chinese

AbstractThis 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: the 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 politicolegal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politicolegal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.

Strike Hard! Anti-Crime Campaigns and Chinese Criminal Justice, 1979-1985

2000 ◽  
Vol 105 (3) ◽  
pp. 906
Author(s):  
Melissa Macauley ◽  
Harold M. Tanner
Keyword(s):  
Criminal Justice ◽  
Chinese Criminal Justice

The 1983 Strike-Hard Campaign in China: a Moral Panic?

2020 ◽  
Vol 60 (5) ◽  
pp. 1220-1241
Author(s):  
Mengliang Dai
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Moral Panic ◽  
Decisive Role ◽  
Deep Insight ◽  
Top Down ◽  
Historical Materials ◽  
Chinese Criminal Justice ◽  
Insight Into

Abstract Though more than three decades have passed since the launch of Strike Hard in 1983, its impact on crimes remains. Most of the literature on the campaign so far has been theoretically and methodologically limited. Using historical materials and interview data, this paper establishes an integrated theoretical framework and aims at investigating whether and how a moral panic was constructed. This study argues that the top leader played a decisive role in engineering the moral panic during the 1983 Strike Hard operated through a top-down approach under the Chinese political structure. In short, exploring events from the perspective of moral panic, this study gives a deep insight into the Chinese criminal justice system in response to crimes.

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