Police Law of the PRC (Draft Revisions)
Posts tagged as “criminal procedure”
The NPC clears up a few loose ends in the Criminal Law and Criminal Procedure Law.... some of the updates are interesting, some are not..... but they are all important if you are trying to understand the law.
The problem with the XZY case is that the procedures are so opaque that sometimes you can’t even tell if the law is being followed. Worse, it feels like you are trying to find a fig leaf for an indecency of a trial when you comb through the laws and records trying to make sense of them. Two issues have been criticized in the press, the question of why the case was heard by an intermediate court, and why XZY was and his co-defendants were tried separately.
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.
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?
Li Tianyi, the son of a Chinese general, was sentenced to 10 years for rape. As in any country, the trial excited the public's imagination because of its salacious nature and the insight it offered into the world of privileged celebrity. This article , translated from the Chinese, accurately reflects how the courts explain their verdict to the public, addressing the public's areas of biggest concern.