Chinese Criminal Trials

This book provides a unique analysis of how criminal trials are being carried out in China. It explores a model for studying the criminal justice system with applications for other large-scale national studies.

This book provides a unique empirical study of criminal trials in China. Western observers such as the media, politicians and the legal scholars alike, have rarely had the exposure to the vast majority of the ordinary criminal trials in China.

A number of legal reforms have been implemented in Chinese criminal courts in recent years, but there has been little research on whether these reforms have been effective. This book fills that gap, by unveiling the day-to-day reality of criminal cases tried by the lowest level courts in China. The data used in this study include hundreds of criminal trial observations, complete criminal case dossiers, and a comprehensive questionnaire survey of criminal justice practitioners from one large province located in China's Southeast coast. These data were collected over a two-year period, with a generous research grant from the John D. and Catherine T. MacArthur Foundation, by scholars already working in the Chinese legal system.

The work opens with a historical framework of the Chinese criminal justice system, both Western and Chinese interpretations, and an overview of the current state of the system. It will provide unique analysis of how criminal trials are being carried out in China, with a useful context for scholars with varying levels of familiarity with the current system. The research framework for gathering data discussed in this book will also provide a useful basis for studying the criminal justice system in other regions.

Reveals the findings of unprecedented, large-scale, empirical research on the Chinese criminal justice system Provides unique insight into the Chinese criminal justice system by native Chinese legal scholars Explores a model for studying the criminal justice system with applications for other large-scale national studies?

Auteur
Dr. Ni He is Associate Dean of Graduate Studies in the School of Criminology and Criminal Justice at Northeastern University (Boston, MA). He taught at the University of Texas-San Antonio (1998-2003) prior to joining Northeastern University. He received his law degree (LL.B.) from Xiamen University (PR China) in 1988 and his Ph.D. in Criminal Justice from the University of Nebraska-Omaha (USA) in 1997. Dr. He's primary teaching and research interests include comparative criminology/criminal justice, policing and quantitative methodology. He has participated in several international and national research projects as a research analyst. He directed (with Dr. Ineke Haen Marshall) the U.S. portion of the 30-nation International Self-report Delinquency Study (ISRD-2, 2006-2008), funded by the National Institute of Justice. He is currently working (with Drs. Jack McDevitt and Lanying Li) on a joint international research grant (with Xiamen University, PR China), awarded by the MacArthur Foundation (2009-2011), to study legal representation in lower level Chinese criminal courts. He was an invited discussant for the "Seminar on Empirical Approaches to Criminal Procedure Reforms in China" (Oct. 5-7, 2008) and a guest lecturer for the "Criminal Justice and Empirical Theory: An Applied Workshop for Junior Scholars from China" (May 3-11), both hosted by the Kennedy School of Government at Harvard University. Dr. He's scholarship can be found in a variety of refereed journals. He has written more than 30 articles, book chapters, book reviews and grant reports. He is the author for Reinventing the Wheel: Marx, Durkheim and Comparative Criminology (1999) and Policing in Finland (2006).

Contenu
Introduction.- Chinese Legality: Western Perspectives.- Chinese Legality: Chinese Perspectives.- The Rule of Law Overview.- Overview of Recent Reforms.- Everyday Justice and Chinese Legal Reforms.- Chinese Interpretations of Justice.- Conclusions.