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Download PDF (105.1 Index Aamodt, M. 132, 137 judicial corruption 405 advocacy for legal reforms 218, 222, local level prosecutions 405–6 230, 231, 328–30, 414, 415, 416 Party and marginalization of law Ageloff, H. 18 393–5 Ai Weiwei case 5–6, 8, 56, 61, 461 Party norms, prevalence over legal Akehurst, L. 131 norms 395–7, 449 Alford, W. 257 Party’s disciplinary inspection Alschuler, A. 67 mechanism 393–400 Amodio, E. 38 punishment leniency 406–8 Anderson, E. 327 soft laws 395–7 anti-corruption enforcement 390–410 whistle-blowers, treatment of 403 anti-corruption administration Armstrong, G. 27 (ACA) responsibilities 394–5 audio/video recording of interrogation bribery, prevalence of 401 102, 112, 113, 116, 272, 487 case numbers 390–91 Australian/Chinese comparison 193, centralization of power 403–4 196 collapsing thesis 391 Taiwan 216, 224 criminal detention 407 Australia detention for interrogation Department of Correctional Services mechanism (shuanggui) 398–9, 192 403, 404 ERISP programme (Electronic disciplinary inspection committee Recording of Interviews with (CDI), accountability of 393–4 Suspected Persons) 193, 196 disciplinary inspection committee Evidence Act (NSW) 196–7 (CDI), responsibilities 394–5 guilty plea see guilty plea, disciplinary matters as opposed to Australian/Chinese comparison criminal offences 396 Law Enforcement (Police disciplinary mechanism 397–400 Responsibilities) Act (LEPRA) disciplinary punishments imposed 190–91, 204 (2005–2006) 398 plea bargaining 39–40 economic decentralization effects R v Thomson and Houlton 201 400 authoritarianism 36, 64, 210, 211–12, extra-legal detention 398–9 222, 411–12 future of 409–10 gap thesis 391–2 bail 192, 194–6, 456, 466, 468, 469 high-profile cases 400–404 Bajer, R. 95 high-profile cases, and political Balbus, I. 14, 31, 37 structure of CCP 402–3 Baldwin, J. 40, 41 high-profile prosecutions 406 Balmer, N. 48 institutionalization of corruption Bandurski, D. 372 404–10 Barboza, D. 302 569 Mike McConville and Eva Pils - 9781781955864 Downloaded from Elgar Online at 09/26/2021 01:52:07AM via free access MMCCONVILLECCONVILLE 99781781955855781781955855 PPRINT.inddRINT.indd 556969 225/01/20135/01/2013 115:005:00 570 Comparative perspectives on criminal justice in China Bartol, C. and A. 119 Chen Guangcheng 10, 56, 57, 59, 61 Baxi, U. 51 Chen Guangzhong 104, 107, 112, Beken, T. 50 153–71, 234, 343, 448, 458–9, 463, Belgium 28 488, 490, 491, 499 Belkin, Ira 91–117, 417 Chen Hehua 120 Benjamin, W. 345 Chen Hu 234 Bennett, R. 47 Chen Jiahua 185 Bennetto, J. 19 Chen Jianhua 328 Bi, X. 16, 21 Chen Jianli 54, 458 Biddulph, Sarah 16, 323–44, 413, 448 Chen Liangyu case 62, 400, 404 Bittner, E. 16 Chen, R. 263, 288, 325, 477, 485 Black, D. 17 Chen Shui-Bian case 223 black hood, and torture 432–3 Chen Sixi 329–30 black jails 9–10, 24, 57 Chen Weidong 172–86, 202, 205, 387, blogging see media, social 463, 486, 501 Blumberg, A. 16 Chen Weitseng 211, 222 Bond, C. 131, 132, 141, 142, 144 Chen Xi 53, 304–5 Booth, T. 192 Chen Xiao 402 Bornstein, B. 141, 142, 143, 144 Chen Xiaoming 202 Bowling, B. 37 Chen Xingliang 329 Boyle, K. 14, 31, 45 Chen Xingyou 326 Branigan, T. 57, 59, 61, 66, 93 Chen, Y. 312, 315 Bray, D. 335 Chen Yanhui 501 Briar, S. 17 Chen Yanwei 307 Bridges, A. 31, 32 Chen Yongsheng 17 Bristow, M. 57, 58, 63, 64 Chen Youxi 305, 428 Brodeur, J.-P. 16 Chen Yu-Jie 209–33, 440 Brogden, A. 23 Cheng, L. 265 Brogden, M. 16, 17, 23 Chile 51 Burgh, E. 346 Ching, F. 61 Burns, J. 401 Choongh, S. 23 Burrell, I. 19 Christian, L. 33 Burton, F. 40 Chu, F. 234 Chu, H. 337 Canada 95 Chu, Y.-H. 212 Canaves, S. 94 civil disobedience see legal erosion and Cape, E. 259 policing of petitions Carlen, P. 17, 31, 40 Clarke, C. 40 Carson, D. 121 Clarke, D. 413 censorship measures 371–2 Clay, R. 119 see also media Cobain, I. 46 Chabris, C. 124 coercive measures Chan, M. 64 Coercive Quarantine for Drug Chang, J. 95, 111, 112 Rehabilitation (CQDR) 336, Chang, P. 62 337, 338–9, 340, 341–2 Chen, A. 394 confessions and torture 94–8, 107–8 Chen Baifeng 350 Criminal Procedure Law (CPL) Chen Baocheng 459 457–9, 471, 499–500 Chen Deling 475–6 interrogation targets 17, 23 Chen Duancai 396 see also confession Mike McConville and Eva Pils - 9781781955864 Downloaded from Elgar Online at 09/26/2021 01:52:07AM via free access MMCCONVILLECCONVILLE 99781781955855781781955855 PPRINT.inddRINT.indd 557070 225/01/20135/01/2013 115:005:00 Index 571 Cohen, Jerome A. 3–12, 20, 56, 60, natural and artificial persons, 116, 219, 231, 232, 283, 413, 418, differences between 376–7 439–44, 447, 449, 461 private prosecution aspects 376 Cole, G. 16 procedural measures, police 377–84 confession procedural measures, procuratorate confession-based system 35 384–8 guilty plea see guilty plea, Public Order Punishment Law 385 Australian/Chinese comparison residential surveillance orders lawyer as criminal see under lawyer 380–81 as criminal, criminal defence social stability concerns 376, 378, and Li Zhuang case 381, 382 role of 53 Wang Shuai case 372–3, 374, 375, voluntariness of, and torture in 377 criminal investigations, moves Wu Baoquan case 373–4 to end use of 107–8 criminal defence lawyers, role of see also coercive measures; torture 234–55, 449–50 headings attorney–client interviews, content corruption, anti-corruption see anti- of 245–6 corruption enforcement attorney–client interviews, frequency Costa, A. 324 and length of 244–5 criminal defamation and expression attorney–client interviews, limited rights 370–89, 450–51 effectiveness of 244–6 appeal cases 382–3 Criminal Procedure Law (CPL), censorship measures 371–2 impact on 490–503 constitutive criteria for the crime of cross-examination role 249–50 defamation 375–6 defence opinions, content of 251–2 criminal defamation cases, increase defence opinions, frequency of 251 in 372–5 defence opinions as major vehicle of criminal detention 375, 384 defence 250–52 Criminal Law Article 246 exception defence opinions, oral versus written clause 375–7, 380, 381, 386 form 252 defamation laws and human rights, defenders other than lawyers 262–3 conflict between 371–7, 388 evidence presentation role 246–9 Deng Yonggu case 374 evidence presentation role, adducing formal arrest approval, absence of evidence 248–9 385 evidence presentation role, Fujian bloggers case 383–4 prosecution advantage 246–7 government, citizens’ right to evidence presentation role, types of criticize 377, 388 evidence 247–8 Han Xingchang case 379–83 lawyer as criminal see lawyer as harmonious society and right to criminal, criminal defence and expression, conflict with 374–5 Li Zhuang case higher-level authorities, need to seek legal counsel defence versus self- approval of 387–8 defence 237–40, 242–3 institutional reform, call for 387–8 legal counsel defence versus self- Internet access, effects of 372–4 defence, general procedures legal accountability, need for 388 240 media control, changing 371–2 legal counsel defence versus self- National Human Rights Action Plan defence, not-guilty verdicts 375 237–9 Mike McConville and Eva Pils - 9781781955864 Downloaded from Elgar Online at 09/26/2021 01:52:07AM via free access MMCCONVILLECCONVILLE 99781781955855781781955855 PPRINT.inddRINT.indd 557171 225/01/20135/01/2013 115:005:00 572 Comparative perspectives on criminal justice in China legal counsel defence versus self- torture, complicit 21–3 defence, sentencing defence 239 torture, instruments of 18 legal counsel effectiveness, and criminal justice dynamics, legitimacy sentencing 240–43 techniques 49–66 legal counsel effectiveness, and authoritarianism 36, 64 sentencing, acceptance rate beatings and torture of lawyers 57–8 241–2 black jails 57 legal counsel effectiveness, and collective values, influence of 49–50 sentencing, discretionary confessions, role of 53 circumstances 240–41, 242 criminal justice system and the state legal counsel effectiveness, and 62–6 sentencing, procedural defence criminalization of lawyers and 241, 242 activists 58–9 legal defence forms 243–52 de-registration of lawyers 56–7 perjury cases, USA 312, 314, 315 disappearance of lawyers and research methods and data 235–6 activists 59–62 restrictions, mental examination hierarchical order in society 49–50 process 287–8 house arrest 56, 61 silencing of, Article 306 (Big Stick) independent sentencing procedures, 58, 232, 263, 272, 310–13, research on 174–81 315–16, 318–19, 430–31, institutionalized control system 52 500–502 Internet restrictions 54–5, 64 substantive role 236–43, 245–6 ‘invitations to tea’ warnings 54, 57 criminal justice dynamics and judicial and prosecution power comparative empirical limitations 52–3 co-ordinates 13–69 jury independence 40–41 activists, dealing with 24 lawyers and legitimacy limits 55–62 coercive interrogation targets 17, 23 limits, and criminal justice structure confession-based system 35 51–3 cordon sanitaire around criminal Ma Xiwu justice 64 justice system 24 mass public protests, reporting of criminal justice systems 31–6 55, 62, 66 judges role 30–31, 35–6 media restrictions and legitimacy labour disputes 65–6 limits 53–5, 61 legal rights of individuals 16 media and spin 61–2 media involvement 32–3, 34–5 mediation role 64, 448–9 official courtroom actors, limited mobile phone tracking 54 powers of 15 official discourse 40–49 Party political influence 15 official discourse, institutions of the police powers 15–17, 36 law 42–3 problem populations 16 official discourse, legal process 43–6 prosecutors 28–30 official discourse, politics of public scrutiny 22–3 discreditation 46–7 rationality 31–2 official discourse,
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