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


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: or

Fu Hualing (Contact Author)

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

Pokfulam Road
Hong Kong, Hong Kong


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