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Not so very long after the products of China’s Third Plenum left many of those hoping for more overt court reform wanting, the Supreme People’s Court has released its own opinion on preventing wrongful cases, which encapsulates and reinforces much of what the Court has been saying since new president ZHOU Qiang took office in March this year. Judicial Independence, procedural justice, and the exclusion of illegally acquired evidence are all prominently featured.
This walkthrough will guide you through it.
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The SPC is making rules and making them clear— well, clear with Chinese characteristics. This document lays out the rules for increasing case-handling quality and trying to make sure cases get decided based on the facts and evidence by an independent judicirary. Do they go far enough?
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Notice how many of the mitigating and aggravating factors don’t require any level of knowledge or mens rea on the part of the perpetrator. While this at first seems to be a difference in the legal systems,, other articles like 6(3) explicitly have a knowledge component. So why not 2(6)?