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China's Pre-Trial Justice: Criminal Justice, Human Rights and Legal Reforms in Contemporary China

Elisa Nesossi

ISBN13: 9780854901036

Published: January 2012

Publisher: Wildy, Simmonds and Hill Publishing

Country of Publication: UK

Format: Hardback

Price: Out of print

This book examines the relationship between international human rights standards and local legal norms in the People’s Republic of China (PRC).

Focussing on the realm of criminal justice in post-Deng China, Criminal Procedure Law reforms and their impact on the PRC’s ratification of and future accession to the International Covenant of Civil and Political Rights, this book examines the limits to the protection of criminal suspects rights during pre-trial proceedings.

Notwithstanding the significance of pre-trial proceedings in the Chinese criminal justice system, to date no other publication in a Western language has systematically focussed on this important issue. This book thus fills a serious gap in the literature by offering a detailed discussion of this aspect of criminal justice and human rights in contemporary China.

The book is intended as a contribution to the study of Chinese law, human rights law and comparative criminal justice, and by considering developments in Chinese local legal culture, it also explores issues of broader interest to comparativists and legal sociologists.

Subjects:: Human Rights and Civil Liberties, Public International Law, Wildy, Simmonds and Hill, China

Contents:: Chapter 1: Introduction: Localization of human rights in an activist state?;; 1.1 Introduction;; 1.2 The activist hierarchical state and possibilities for localization;; 1.3 Criminal justice and individual rights in the contemporary PRC; 1.4 Outline of the contents of the book; Chapter 2: Law and institutions of pre-trial justice in the PRC;; 2.1 Introduction;; 2.2 Pre-trial procedures; 2.3 The right to a remedy and challenges to coercive measures; 2.4 The regulatory framework of criminal detention centres; 2.5 Pre-trial detention and law enforcement: the people’s police; 2.6 Detention oversight; 2.7 Conclusion; Chapter 3: The rights and living conditions of detainees within criminal detention centres; 3.1 Introduction; 3.2 The right of detainees to an adequate standard of living and healthcare; 3.3 Making the best use of detention; 3.4 The rights of detainees upon admission into detention centres and contact with the outside world; 3.5 Conclusion;; Chapter 4: The right to legal advice and defence;; 4.1 Introduction;; 4.2 The right to legal advice and defence: international standards and the legislation in the PRC; 4.3 The right to legal advice and defence: problematic issues;; 4.4 Legal aid;; 4.5 The “black lawyers”;; 4.6 Conclusion;; Chapter 5: Freedom from torture and ill-treatment;; 5.1 Introduction;; 5.2 Torture and ill-treatment of criminal suspects and defendants;; 5.3 The recurrence of torture in the PRC;; 5.4 Debating torture in the PRC;; 5.5 Conclusion;; Chapter 6: Conclusions;; 6.1 Introduction;; 6.2 Rights and duties, and the human rights paradox;; 6.3 The power of the legislation;; 6.4 Insiders and outsiders;; Appendix 1: Pre-trial detention proceedings in the PRC; Appendix 2: Pre-trial detention proceedings in the PRC; Appendix 3: National legislation and international standards on pre-trial detention; Table of abbreviations used in this study; Glossary; Bibliography; Index