Wrongful Convictions and Criminal Justice in China
Author: Jiahong He
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.
Author: Michael McConville
Publisher: Edward Elgar Publishing
'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.
Comparative and Empirical Perspectives
Author: Na Jiang
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.
Author: S. Trevaskes
Category: Social Science
China's infamous death penalty record is the product of firm Party-state control and policy-setting. Though during the 1980s and 1990s, the Party's emphasis was on "kill many," in the 2000s the direction of policy began to move toward "kill fewer." This book details the policies, institutions, and story behind the reform of the death penalty.
A Worldwide Perspective
Author: Roger Hood,Carolyn Hoyle
Publisher: OUP Oxford
Category: Political Science
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Author: William A. Joseph
Publisher: Oxford University Press, USA
Category: Political Science
Previously published: Oxford; New York: Oxford University Press, 2010.
Author: He Jiahong
Publisher: Penguin UK
When Hong Jun returns to China from studying and working as a lawyer in the US, he opens the doors to his new practice in Beijing intent on helping ordinary people defend their rights, but he soon finds himself embroiled in a case which is anything but ordinary. Ten years earlier, in 1984, on a state farm in the brutally icy, rural northeast of China, local beauty Li Hongmei was raped and murdered. There were two suspects and whilst one disappeared, the other confessed making it a seemingly open and shut case. But now it looks like the wrong man may have been sent down for the crime. His newly-rich brother is prepared to pay whatever it takes to clear his name and he thinks Hong Jun is the right man for the job. In a quest for justice, Hong Jun returns to the sins of the past and delves deep into the sleazy underbelly of China's corrupt legal system. When he stumbles upon what appears to be official complicity in a cover-up he must challenge those who hold the rule of law secondary to personal ambition and the whims of local officials to solve a case shrouded in both mystery and treachery and one that ambiguously alludes to the ancient legends of the Heilongjiang Mountains where the murder took place.
Author: Jiahong He
Category: Criminal investigation
From the author of Hanging Devils, one of The Guardian's top ten Asian crime novels, comes the long-awaited follow-up. When Xia Zhe, an ambitious trader at a state-owned securities company, is indicted for corporate fraud, lawyer Hong Jun takes on the case at the request of the young man's father. But as the trial date looms, it becomes clear that this case of avarice and ill-gotten gains is far from black and white. Hong Jun discovers a web of family secrets and hidden motives leading back to the turbulence of the Cultural Revolution. What he doesn't count on is that, in dredging up these long-dormant histories, he must face the shadows of his own past to get to the truth.
Author: John Grisham
Category: Judicial error
Ron Williamson sitzt 11 Jahre unschuldig in der Todeszelle. Kurz vor seiner Hinrichtung gibt es Beweise für seine Unschuld. Ein Wettlauf gegen die Zeit beginnt.
Author: Jiahong He
Category: Legal stories, Chinese
Set in the mid-nineties, Hanging Devilsis a true-to-life story of cold-blooded murder and corruption from one of China's foremost legal experts. Hong Jun, a recently-returned lawyer from the US, opens a practice in Beijing intent on helping ordinary people defend their rights. His very first case leads him to the hinterland of China's snowy northeast where the brutal killing of a local beauty took place ten years earlier. In his quest for justice, Hong Jun revisits the buried secrets of the recent past, and delves deep into the underbelly of the provincial police and court system in a case that proves to be anything but ordinary.
Masseninhaftierung und Rassismus in den USA
Author: Michelle Alexander
Publisher: Antje Kunstmann
Category: Political Science
Die Wahl von Barack Obama im November 2008 markierte einen historischen Wendepunkt in den USA: Der erste schwarze Präsident schien für eine postrassistische Gesellschaft und den Triumph der Bürgerrechtsbewegung zu stehen. Doch die Realität in den USA ist eine andere. Obwohl die Rassentrennung, die in den sogenannten Jim-Crow-Gesetzen festgeschrieben war, im Zuge der Bürgerrechtsbewegung abgeschafft wurde, sitzt heute ein unfassbar hoher Anteil der schwarzen Bevölkerung im Gefängnis oder ist lebenslang als kriminell gebrandmarkt. Ein Status, der die Leute zu Bürgern zweiter Klasse macht, indem er sie ihrer grundsätzlichsten Rechte beraubt – ganz ähnlich den explizit rassistischen Diskriminierungen der Jim-Crow-Ära. In ihrem Buch, das in Amerika eine breite Debatte ausgelöst hat, argumentiert Michelle Alexander, dass die USA ihr rassistisches System nach der Bürgerrechtsbewegung nicht abgeschafft, sondern lediglich umgestaltet haben. Da unter dem perfiden Deckmantel des »War on Drugs« überproportional junge männliche Schwarze und ihre Communities kriminalisiert werden, funktioniert das drakonische Strafjustizsystem der USA heute wie das System rassistischer Kontrolle von gestern: ein neues Jim Crow.
Author: Victor H. Mair
Publisher: Columbia University Press
Category: Literary Criticism
With its fresh translations by newer voices in the field, its broad scope, and its flowing style, this anthology places the immense riches of Chinese literature within easy reach. Ranging from the beginnings to 1919, this abridged version of The Columbia Anthology of Traditional Chinese Literature retains all the characteristics of the original. In putting together these selections Victor H. Mair interprets "literature" very broadly to include not just literary fiction, poetry, and drama, but folk and popular literature, lyrics and arias, elegies and rhapsodies, biographies, autobiographies and memoirs, letters, criticism and theory, and travelogues and jokes.
Author: United States. Congressional-Executive Commission on China
Category: Political Science