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.

General and specific perceptions of procedural justice: Factors associated with perceptions of police and court responses to domestic and family violence

2020 ◽  
Vol 53 (3) ◽  
pp. 333-351
Author(s):  
Silke Meyer ◽  
Harley Williamson
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Family Violence ◽  
Administrative Data ◽  
Large Body ◽  
Policy And Practice ◽  
Factors Associated ◽  
Protection Orders ◽  
Perceptions Of Police

Improving criminal justice responses to domestic and family violence is a key focus within many policy and practice reforms. The efficacy of police and court responses to domestic and family violence is central because of the role of police as first responders and courts in issuing protection orders, imposing sanctions and ensuring perpetrator cooperation and accountability. To promote compliance and satisfaction with criminal justice outcomes, a large body of research points to the role of procedural justice. This study draws on survey and administrative data from an Australian jurisdiction to examine perceptions of procedural justice in specific domestic and family violence-related encounters. Findings and implications for policy and practice are discussed.

Transparency

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Procedural Justice ◽  
Fair Trial ◽  
The Other ◽  
Substantive Justice

Two related and often heartfelt objections to online courts should be disentangled. Both focus on the absence of a physical courtroom. One is that online courts are insufficiently transparent and so an affront to open justice. The other doubts whether it is possible to have a fair trial if the participants do not congregate physically—the worry here is that online courts might deliver decisions that are unfair (a concern about substantive justice) and that the procedures themselves are not fair (which contravenes procedural justice). In this chapter, I address the question of transparency and, in the next, I discuss the fairness of trials that are conducted online.

Defense Rights, Duties, Norms, and Practices in Common Law and Civil Law Jurisdictions

2019 ◽  
pp. 188-208
Author(s):  
Ed Cape
Keyword(s):  
Criminal Justice ◽  
Common Law ◽  
Civil Law ◽  
Fair Trial ◽  
International Norms ◽  
National Identities ◽  
Normative Standards ◽  
The Right ◽  
Procedural Rights

This chapter compares defense rights, duties, norms, and practices in common law and civil law jurisdictions. It first provides an overview of international norms regarding defense rights, focusing on the elements of the right to fair trial that are substantially reflected in international normative instruments. It then examines the “role” of the suspects and the accused in common law and civil law systems, along with the range of defense rights, at both the investigative and trial stages, and how they may be articulated, using the European Union’s procedural rights program as an exemplar. It also highlights the challenges to implementation across both adversarial and inquisitorial jurisdictions. Finally, it asks whether normative standards may be meaningfully applied across jurisdictions in the context of different procedural traditions, and the significance of criminal justice processes in the development and confirmation of national identities.

Hybrid Justice and the Rights of the Defence

2020 ◽  
pp. 251-264
Author(s):  
Dov Jacobs
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Fair Trial ◽  
International Criminal Justice ◽  
Presumption Of Innocence ◽  
African Union ◽  
Legal Challenges ◽  
The Right ◽  
Institutional Representation

This chapter examines generally the issue of the position of the Defence in hybrid tribunals, more particularly at the Extraordinary African Chambers (EAC) before proposing those reflections on the role of the Defence within the international criminal justice project. When it comes to the EAC, it should be noted that the initial agreement and Statute of the Chambers signed in 2012 did not include any specific provision relating to an institutional representation of the Defence within the institution. However, in 2014, an addendum to the initial agreement was signed between Senegal and the African Union (AU) in order to create a Defence office within the EAC. The ambition of this addendum was clearly to promote the respect for the rights of the Defence at the African Chambers, as noted in the Preamble to the addendum, where the right to a fair trial and the presumption of innocence are reaffirmed as fundamental principles. The chapter then looks at the legal challenges faced by the Defence during the Hissène Habré trial and how they were dealt with by the Trial and Appeals Chamber.

Sign in / Sign up

Export Citation Format

Share Document