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"Trevaskes, Susan, 1964- author"
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Procedural justice and the fair trail in contemporary Chinese criminal justice
This 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: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. 0Procedural justice is a particularly pertinent issue today in China, because Xi Jinping's yifa zhiguo (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 politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.
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The death penalty in contemporary China
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China's infamous death penalty record is the product of firm Party-state control as policy informs capital punishment by courts. A quest for leniency eventually ousted China's 'Strike Hard' policy, as the Party-directed dialectic swung from 'kill many' for the first two decades of China's reform era from the early 1980s, towards 'kill fewer' from the mid-2000s. The Supreme People's Court is instrumental in reform, with regaining its gatekeeping capacity to review and approve all death penalty decisions (2007), and progressively institutionalizing the 'suspended death sentence' in the courts, both intrinsic to today's 'Balancing Leniency and Severity' policy to the ethos of 'kill fewer'. This book details the story.
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Susan Trevaskes is an Australian Research Council QEII research fellow at Griffith University, Australia.
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This book is about death penalty practice and its reform in contemporary China
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This book is about death penalty practice and its reform in contemporary China. China's infamous death penalty record is the product of firm Party-state control as policy informs capital punishment by courts. A quest for leniency eventually ousted China's 'Strike Hard' policy, as the Party-directed dialectic swung from 'kill many' to 'kill fewer.'
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Introduction: the Death Penalty Story
Killing Many and Killing Fewer
Deciding Guilt
Sentencing to Death
Choosing Life over Death
The Turning Point
Shifting Narratives of State Killing
Soft-Peddling Harsh Punishment
Conclusion
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