Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.
Table of Contents
1. Introduction 2. Defending a Broad Presumption of Innocence 3. The Emergence of Presumption of Innocence in China 4. Deepening the Discourse of 'Reasonable Elements' of Presumption of Innocence 5. The Rise of a Competing Discourse in the 2000s: The Presumption of Innocence as a Human Right 6. Marginalisation of Presumption of Innocence in the New Era 7. Concluding Remarks
Presumption of Innocence Under China's National Conditions
RRP:
$234.00
Description
Description
Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.
Table of Contents
1. Introduction 2. Defending a Broad Presumption of Innocence 3. The Emergence of Presumption of Innocence in China 4. Deepening the Discourse of 'Reasonable Elements' of Presumption of Innocence 5. The Rise of a Competing Discourse in the 2000s: The Presumption of Innocence as a Human Right 6. Marginalisation of Presumption of Innocence in the New Era 7. Concluding Remarks
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence...
This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is...
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks,...
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