The guilty plea: an Australian/Chinese comparison

Dobinson, Ian

doi:10.4337/9781781955864.00016

Cited by 2 publications

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“…In China, a very large proportion of people already admit guilt, which in theory is taken into account as a mitigating factor. Refusing to admit guilt is often seen as resistance, warranting harsher punishment (Dobinson 2013). So, it remains to be seen whether the current round of trials will produce additional reductions in sentences over and above those that would have otherwise been obtained.…”

Section: Limits Of Minor Crime Pilot Programsmentioning

confidence: 99%

Criminal Justice Reform in the Xi Jinping Era

Biddulph¹,

Nesossi

Trevaskes

2017

China Law and Society Review

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This paper reviews current criminal justice reforms that have been initiated in recent years under the governance platform Governing the Nation in Accordance with the Law [yifa zhiguo]. 1 These initiatives are helping to reframe criminal justice processes to correspond with the broad governance intentions of President Xi Jinping: finessing center-local power relations, making the authorities in the justice system more accountable for their decision-making, and improving procedures that aim to bring about greater fairness and efficiency. We examine these ongoing reforms in two main areas: the handling of minor crimes and the punishment of serious offenses. We find thatyifa zhiguoand the reforms made in its name continue to reflect a highly legalist and instrumentalist vision of law whose goal is to enhance Party-state governance to control dissent and crime more effectively through criminal law, to enhance politico-legal institutional credibility, and, ultimately, to sustain Party supremacy and social stability.

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Section: Limits Of Minor Crime Pilot Programsmentioning

confidence: 99%

Criminal Justice Reform in the Xi Jinping Era

Biddulph¹,

Nesossi

Trevaskes

2017

China Law and Society Review

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Truth and procedural fairness in Chinese criminal procedure law

Shytov

Duff

2019

The International Journal of Evidence & Proof

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Chinese criminal procedural law has recently been undergoing rapid transformation. While the search for ‘truth’, embodied in a confession by the accused, has traditionally dominated the criminal process, efforts are now being made to secure more procedural fairness. This is exemplified by the introduction of rules to render inadmissible at trial confessions extorted from suspects by ill treatment. Unsurprisingly, it has proved difficult to shift the mindsets of the players in the criminal justice process. The new rules have not been fully implemented in many respects and there is still confusion over the criteria to be used by the courts in making decisions about inadmissibility. Further, it has proved difficult to enable defence lawyers to play a more active role in defending their clients and to render it normal for witnesses to testify at trial. This handicaps the drive to secure a better balance between the search for truth and procedural fairness in the Chinese criminal trial.

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The guilty plea: an Australian/Chinese comparison

Cited by 2 publications

References 0 publications

Criminal Justice Reform in the Xi Jinping Era

Criminal Justice Reform in the Xi Jinping Era

Truth and procedural fairness in Chinese criminal procedure law

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