Crime control in China's pre-trial system: a political ideology?

Li, Enshen (2013) Crime control in China's pre-trial system: a political ideology?. National Taiwan University Law Review, 8 1: 141-203. doi:10.3966/181263242013030801004

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Author Li, Enshen
Title Crime control in China's pre-trial system: a political ideology?
Journal name National Taiwan University Law Review
ISSN 0077-5835
Publication date 2013-03
Year available 2013
Sub-type Article (original research)
DOI 10.3966/181263242013030801004
Volume 8
Issue 1
Start page 141
End page 203
Total pages 63
Place of publication Taipei, Taiwan, Republic of China
Publisher National Taiwan University
Collection year 2014
Language eng
Abstract Crime control has long been the primary goal of China’s pre-trial justice system. This paper examines the genuine nature of crime control in the context of Chinese legal culture by reviewing the historical formation of this rationale. The article argues that, by looking at the characteristics of the pre-trial process in the different periods since the founding of the People’s Republic of China, the pursuit of crime control in the administration of pre-trial justice in China is under the pressure of political needs. Although the Chinese Communist Party has so far made great efforts to promote China’s pre-trial process in terms of its proceduralism and legalization, the administration of justice at this stage has been continuously influenced by political considerations. The article concludes that although the implementation of rule of law is expected to ideologically revolutionize China’s pre-trial process, the deep-rooted political culture of overriding political stability over everything is unlikely to rule out the Party’s influence on the pre-trial practices.
Keyword Pre-trial criminal process
Criminal coercive measures
Administrative detentions
Political influences
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
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Created: Wed, 18 Mar 2015, 14:20:11 EST by Carmen Buttery on behalf of T.C. Beirne School of Law