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Title The Exclusionary Rule of Illegal Evidence in China
Author Jingkun Liu
Publisher Springer
Release Date 2019-02-18
Category Law
Total Pages 335
ISBN 9789811337567
Language English, Spanish, and French
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Book Summary:

The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.

Title The Exclusionary Rule of Evidence
Author Kuo-hsing Hsieh
Publisher Routledge
Release Date 2016-03-16
Category Law
Total Pages 264
ISBN 9781317032441
Language English, Spanish, and French
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Book Summary:

This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.

Title Do Exclusionary Rules Ensure a Fair Trial
Author Sabine Gless
Publisher Springer
Release Date 2019-04-17
Category Law
Total Pages 380
ISBN 9783030125202
Language English, Spanish, and French
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Book Summary:

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Title Exclusionary Rule of Evidence in the United Kingdom United States and China
Author Kuo-Hsing Hsieh
Publisher Unknown
Release Date 2011
Category
Total Pages 86
ISBN OCLC:827264889
Language English, Spanish, and French
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Book Summary:

If there is any fixed star in our constitutional and criminal procedure constellation, it is that torture is illegal and torture-introduced evidence is inadmissible. The purposes of this research are to (1) assess the exclusionary rule in the United Kingdom and United States; (2) explore the theoretical constitutional foundation of the rule; and (3) establish the Chinese exclusionary rule. Currently, there is no exclusionary rule explicitly in the Chinese Code of Criminal Procedure. If the wrongful conviction of the innocent is a pressing issue in China today, police torture is the flashpoint. Police torture in China is the prevalent evil not the isolated anecdote. This thesis combines diagnosis and prescription - the problem of police torture in China and the solution of the exclusionary rule. The ultimate goal of the research is to find a suitable exclusionary rule for China to solve the serious problem of police torture and wrongdoing. At the level of theory, my exclusionary rule framework is grounded in the separation of powers. Previous research about the separation of powers doctrine has focused almost entirely on constitutional law and political theory. They completely ignored the special role that the doctrine plays in the criminal justice system, a role consisting of the exercise of a reviewing function to ensure executive compliance with the criminal law. Separation of powers is a core component of the constitution's system of checks and balances, a system in which each branch of the government is endowed with a constitutional control over the others. Without any judicial supervision or due process, the potential for arbitrary enforcement is high. The alternatives to the exclusionary rule are mainly illusory and of no practical avail. Past history also demonstrates that the very idea of protecting the defendant's right is completely empty unless it is linked to an efficient mechanism. China grants the police too much power and has too little judicial supervision over police investigations. It creates imbalance in the existing Chinese criminal justice system. It is such an imbalance and the lack of separation of powers in the criminal justice system that poses a significant and growing threat for the protection of defendants' rights.

Title Implementation of the Convention against Torture in China
Author Eva Lena Richter
Publisher GRIN Verlag
Release Date 2018-01-23
Category Foreign Language Study
Total Pages 17
ISBN 9783668619173
Language English, Spanish, and French
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Book Summary:

Seminar paper from the year 2015 in the subject Orientalism / Sinology - Chinese / China, grade: 1,7, University of Cologne (Ostasiatisches Seminar), language: English, abstract: Treaties such as the "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)" constitute through their sheer scope of member countries the global human rights instruments of today. Although not binding for non-members, the basic ideas of the CAT are of high significance even to those countries. Since China's ratification of the CAT in 1988, the government has made efforts to combat the widespread practice of torture throughout the judicial system and executive organs. This paper is outlining how the CAT has been implemented into Chinese laws and describes certain problems the implementation is facing. The paper consists of three chapters and a summary. First, the CAT is described. After defining torture and looking at the reservations and obligations of China upon ratification, an examination of China's legal framework is to follow in chapter three. In chapter four, problems and criticism concerning China's implementation are described. In the summary, the findings are recapitulated.

Title Comparative Perspectives on Criminal Justice in China
Author Michael McConville
Publisher Edward Elgar Publishing
Release Date 2013-01-01
Category Law
Total Pages 593
ISBN 9781781955864
Language English, Spanish, and French
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Book Summary:

'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.

Title Methodology of Judicial Proof and Presumption
Author Jiahong He
Publisher Springer
Release Date 2018-01-23
Category Law
Total Pages 280
ISBN 9789811080258
Language English, Spanish, and French
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Book Summary:

This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He’s first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.

Title The Construction of Guilt in China
Author Yu Mou
Publisher Bloomsbury Publishing
Release Date 2020-04-02
Category Law
Total Pages 280
ISBN 9781509913046
Language English, Spanish, and French
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Book Summary:

Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.

Title Reform and Development of Powers and Functions of China s Criminal Proceedings
Author Weidong Chen
Publisher Springer Nature
Release Date 2020-10-15
Category Law
Total Pages 551
ISBN 9789811584312
Language English, Spanish, and French
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Book Summary:

This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

Back From The Dead by He Jiahong

Title Back from the Dead
Author He Jiahong
Publisher University of Hawaii Press
Release Date 2016-03-31
Category Law
Total Pages 264
ISBN 9780824856618
Language English, Spanish, and French
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Book 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.

Title Wrongful Convictions in China
Author Na Jiang
Publisher Springer
Release Date 2016-08-08
Category Law
Total Pages 356
ISBN 9783662460849
Language English, Spanish, and French
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Book Summary:

The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.

Title Chinese Legal Reform and the Global Legal Order
Author Yun Zhao
Publisher Cambridge University Press
Release Date 2017-11-09
Category Law
Total Pages 326
ISBN 9781107182004
Language English, Spanish, and French
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Book Summary:

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

China S Criminal Justice System by United States. Congressional-Executive Commission on China

Title China s Criminal Justice System
Author United States. Congressional-Executive Commission on China
Publisher Unknown
Release Date 2002
Category Criminal justice, Administration of
Total Pages 63
ISBN MINN:31951D017887608
Language English, Spanish, and French
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Book Summary:

Justice Without Borders by Martin Böse

Title Justice Without Borders
Author Martin Böse
Publisher BRILL
Release Date 2018-02-05
Category Political Science
Total Pages 500
ISBN 9789004352063
Language English, Spanish, and French
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Book Summary:

Justice Without Borders is a collection of essays on international criminal law, European criminal law and international cooperation of distinguished authors that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018.

Title The Routledge Handbook of Chinese Criminology
Author Liqun Cao
Publisher Routledge
Release Date 2013-07-24
Category Social Science
Total Pages 356
ISBN 9781135021467
Language English, Spanish, and French
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Book Summary:

As the world’s second largest economy, China has made great progress in developing criminology. The Routledge Handbook of Chinese Criminology aims to be a key reference point to summarize the large body of literature in both Chinese and English about various aspects of crime and its control in China for international scholars with an interest in the development of criminological research on and in the Greater China region, and for everyone with a broad interest in international criminology. The editors of the handbook have selected authoritative contributors recognized for their research and scholarship on China, Hong Kong Macao, and Taiwan. This handbook consists of five sections: An account of the development of criminology as an academic discipline in modern China, as well as some of the unique theories, strategies, or philosophies of crime control that have emerged, An analysis of the criminal justice system in China, including the police, the courts, corrections, juvenile justice and the death penalty, An exploration of the issues and problems in conducting research in China, Reflections on the nature of crime and criminality in China, including drugs, prostitution, human trafficking, corruption, floating population, domestic violence, and white-collar crime, An account of crime and criminal justice in Taiwan, Hong Kong, and Macao. The book presents a coherent and comprehensive collection of essays on current research and theory in criminology, crime and justice in China and Greater China, and the Editors’ Introduction and Conclusion provide further contextualisation of the Handbook’s key themes.

Title The Death Penalty in China
Author Bin Liang
Publisher Columbia University Press
Release Date 2015-12-01
Category Law
Total Pages 384
ISBN 9780231540810
Language English, Spanish, and French
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Book Summary:

Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

Title Human Rights and Good Governance
Author Wei Zhang
Publisher Martinus Nijhoff Publishers
Release Date 2016-03-14
Category Political Science
Total Pages 362
ISBN 9789004308770
Language English, Spanish, and French
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Book Summary:

The first volume of Chinese Perspectives on Human Rights and Good Governance collects research articles regarding human rights, good governance, rule of law and Constitutionalism in China.

Criminal Justice In China by Mike McConville

Title Criminal Justice in China
Author Mike McConville
Publisher Edward Elgar Publishing
Release Date 2011-01-01
Category Law
Total Pages 576
ISBN 9780857931917
Language English, Spanish, and French
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Book Summary:

.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.'

Title The Philosophy of Civil Rights in the Context of China
Author Xia Yong
Publisher BRILL
Release Date 2011-06-22
Category Law
Total Pages 490
ISBN 9789004215818
Language English, Spanish, and French
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Book Summary:

Based on the author’s comprehensive knowledge of Chinese and Western legal philosophy, this book guides readers to an understanding of traditional Chinese legal thinking as well as the impact of Western rights theories on China’s contemporary politics and legal development.

Title Encyclopedia of the Fourth Amendment
Author John R. Vile
Publisher CQ Press
Release Date 2012-12-15
Category Law
Total Pages 367
ISBN 9781604265897
Language English, Spanish, and French
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Book Summary:

Presents the political, historical, and cultural significance of the Fourth Amendment.