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
Contents: PART I: COMPARATIVE PERSPECTIVES ON CRIMINAL JUSTICE 1. Introductory Reflections Jerome A. Cohen 2. Comparative Empirical Co-ordinates and the Dynamics of Criminal Justice in China and the West Mike McConville PART II: THE INVESTIGATION OF CRIME 3. Wrongful Convictions and Judicial Reform in China He Jiahong 4. China's Tortuous Path Toward Ending Torture in Criminal Investigations Ira Belkin 5. Culture, Psychology, and Criminal Justice Reform: Reforming Eyewitness Interview Procedures to Reduce Wrongful Convictions in China Tom Stutsman PART III: THE PROSECUTION OF CRIME AND TRIAL PROCESS 6. Issues Concerning the Reform of the Chinese Prosecution System Chen Guangzhong 7. An Analysis of Independent Sentencing Procedures from the Perspective of the Wuhu Pilot Model Chen Weidong 8. The Guilty Plea: An Australian/Chinese Comparison Ian Dobinson PART IV: CRIMINAL DEFENCE 9. The Right to Counsel during Police Interrogation in Taiwan Chen Yu-Jie 10. On the Role of Criminal Defence Lawyers in China: An Empirical Study of the Sample of D County, S Province Zuo Weimin 11. Lawyers and Access to (Criminal) Justice in the PRC Elisa Nesossi 12. Who Should Be Entitled to Initiate a Mental Examination Process? An Empirical Perspective Guo Zhiyuan 13. Killing the Lawyer as the Last Resort: The Li Zhuang Case and Its Effects on Criminal Defence in China Lan Rongjie PART V: PUNISHMENT REGIMES EXTERNAL TO THE CRIMINAL JUSTICE SYSTEM 14. Rights in the New Regime for Treatment of Drug Dependency Legal Erosion and the Policing of Petitions 15. Legal Erosion and the Policing of Petitions Flora Sapio 16. Defining Space for Free Expression in China through Public Critique of Criminal Defamation Cases Joshua Rosenzweig 17. The Upward and Downward Spirals in China's Anti-Corruption Enforcement Fu Hualing 18. 'Disappearing' China's Human Rights Lawyers Eva Pils 19. Politics and Criminal Justice Jerome A. Cohen PART VI: CONCLUDING OBSERVATIONS 20. Concluding Observations Stanley B. Lubman PART VII: POSTSCRIPT: THE 2012 PRC CRIMINAL PROCEDURE LAW 21. Major Aspects of the 2012 Revision of the PRC Criminal Procedure Law Joshua Rosenzweig, Flora Sapio, Jiang Jue, Eva Pils and Teng Biao
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