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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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The SPC’s Executive Vice-president, Shen Deyong, made waves saying that for the sake preventing wrongful convictions , it would be better to let an guilty man walk than have an innocent man be punished. The SPP’s Deputy-Chief, Zhu Xiaoqing says not on his watch, citing the unrealistic pressures this would put on police and prosecutors, and the unintended ways it would impact their behavior.