Institutionalizing Criminal Process in China

29 Pages Posted: 13 Apr 2010

See all articles by Fu Hualing

Fu Hualing

The University of Hong Kong - Faculty of Law

Date Written: April 13, 2010

Abstract

This paper explores the process of institutionalization of criminal courts in China in the past 30 years. It contextualizes the reform of criminal trials in China’s socio-economic, legal and political conditions. The principal argument of this paper is that the criminal justice system has been undergoing a process of institutionalization in the past 30 years. Due to the depoliticization of crime and criminal justice, the re-emergence of street crime as a serious social problem, and the political and legal reform in which China’s one-party authoritarian state is actively seeking the rule of law, the criminal court is developing a professional identity and its institutional interest.

Keywords: criminal justice, court, China, death penalty, crime, judges, Chinese Communist Party, procuracy, punishment, adjudicative review, legal reform, judicial autonomy, rule of law, trial, police

JEL Classification: K, K1, K14, K4, K41, K42

Suggested Citation

Hualing, Fu, Institutionalizing Criminal Process in China (April 13, 2010). Available at SSRN: https://ssrn.com/abstract=1588733 or http://dx.doi.org/10.2139/ssrn.1588733

Fu Hualing (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01245

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