Wrongful Convictions In China
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Wrongful Convictions In China
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Author : Na Jiang
language : en
Publisher: Springer
Release Date : 2016-08-08
Wrongful Convictions In China written by Na Jiang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-08 with Law categories.
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.
Back From The Dead
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Author : He Jiahong
language : en
Publisher: University of Hawaii Press
Release Date : 2016-03-31
Back From The Dead written by He Jiahong and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with History categories.
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.
Back From The Dead
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Author : Jiahong He
language : en
Publisher:
Release Date : 2016
Back From The Dead written by Jiahong He and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Criminal justice, Administration of categories.
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyses many problems in China's justice system.
Back From The Dead
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Author : He Jiahong
language : en
Publisher:
Release Date : 2014-01-15
Back From The Dead written by He Jiahong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-15 with categories.
Back From The Dead A Landmark Ruling Of Wrongful Conviction In China Penguin Specials
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Author : Jiahong He
language : en
Publisher: Penguin Group Australia
Release Date : 2014-02-10
Back From The Dead A Landmark Ruling Of Wrongful Conviction In China Penguin Specials written by Jiahong He and has been published by Penguin Group Australia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-10 with Law categories.
In April 1994, the body of an unidentified woman is found in a local village pond. Suspicion falls on She Xianglin, the husband of a local woman reported missing months earlier. With such a high profile case in the balance and no other suspects, the police focus on the one thing that can clinch the case: a confession. She Xianglin is detained, convicted and imprisoned, and the case is closed with swift justice. But eleven years later when a mysterious woman claiming to be the wife of She Xianglin reappears, she sets into motion a series of events truly stranger than fiction. Back from the Dead tells the fascinating story of one of China's most notorious wrongful conviction cases. Well-written and engaging, the reader learns not just about the She Xianglin case, but about the Chinese legal system and Chinese culture as well. The lessons from the She Xianglin case—regarding police tunnel vision, the problems of false confessions, and how politics can affect justice—ring true not just in China, but in every legal system around the world. A must read for anyone interested in criminal justice and comparative law.' Mark Godsey Director, Rosenthal Institute for Justice/Ohio Innocence Project. Back from the Dead is both an intriguing tale of murder and a fascinating insight into the workings of China's criminal justice system. It serves as a vital reminder of the importance of safeguarding suspect rights. It is powerfully optimistic and life-affirming & bizarrely so!' Amber Marks, author of Headspace. 'Professor He Jiahong has provided us with a meticulously detailed account of both the legal and factual aspects of the wrongful detention, conviction and imprisonment of She Xianglin for a murder he did not commit. This was one of the infamous cases of miscarriage of justice where popular outrage forced a reconsideration of the administration of criminal justice in China, in particular the use of capital punishment. But, this story does much more than recite the terrible wrong done to an innocent man. Professor He's account of this case reminds us of the very human dimensions of the lives of people caught up in this case and in other cases like it. It brings home to us the many differing ways miscarriages of justice damage, even destroy, the lives of all those involved. Far from concluding that such a case is extraordinary, we are ultimately left with the very uncomfortable sense of how ordinary it might be for such miscarriages of justice to be produced by China's criminal justice system where incentives and pressures to 'solve' such cases are strong and institutional checks and balances are weak.' Sarah Biddulph Professor and Associate Director (China), Asian Law Centre, Melbourne Law School, The University of Melbourne
China And International Human Rights
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Author : Na Jiang
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-12
China And International Human Rights written by Na Jiang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-12 with Law categories.
This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.
The Construction Of Guilt In China
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Author : Yu Mou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-02
The Construction Of Guilt In China written by Yu Mou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
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.
The Construction Of Guilt In China
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Author : Yu Mou (Law teacher)
language : en
Publisher:
Release Date : 2020
The Construction Of Guilt In China written by Yu Mou (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Criminal procedure categories.
"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. Setting within a broad socio-legal context, this book 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 follows the investigative dossier in the criminal process - how it is constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony - as its focal point. It 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. This book will appeal to academics, researchers, policy advisors and practitioners working in the areas of criminal law, comparative criminal justice/criminology, as well as in Chinese studies"--
Hanging Devils
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Author : Jiahong He
language : en
Publisher: Viking
Release Date : 2016-05
Hanging Devils written by Jiahong He and has been published by Viking this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05 with Fiction categories.
Early 1990s China: Newly returned from the US, lawyer Hong Jun has just set up practice in a fledgling legal system when his first case walks through the door. 10 years ago a local beauty was killed on a state-owned farm in China's frozen northeast, and the police rushed to pin the crime on a likely culprit. Was the right man put away for the crime? In his struggle to uncover the truth, Hong Jun ruffles more than a few feathers. As many race to cash in on China's glittering future, he is forced to challenge those who put personal ambition above the rule of law--and those who will do anything to hide the sins of the past. In the finest tradition of international crime fiction, Hanging Devils is a gripping novel inspired by real events.
Justice
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Author : Flora Sapio
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-27
Justice written by Flora Sapio and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-27 with Law categories.
A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.