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Back from the Dead: Wrongful Convictions and Criminal Justice in China
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty.

With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.

"1127183606"
Back from the Dead: Wrongful Convictions and Criminal Justice in China
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty.

With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.

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Back from the Dead: Wrongful Convictions and Criminal Justice in China

Back from the Dead: Wrongful Convictions and Criminal Justice in China

by Jiahong He
Back from the Dead: Wrongful Convictions and Criminal Justice in China

Back from the Dead: Wrongful Convictions and Criminal Justice in China

by Jiahong He

Overview

China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty.

With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.

Product Details

ISBN-13: 9780824856618
Publisher: University of Hawaii Press, The
Publication date: 03/31/2016
Pages: 264
Product dimensions: 6.10(w) x 9.00(h) x 1.10(d)

About the Author

He Jiahong is professor of law and director of the Center for Common Law and the Institute of Evidence at Renmin University in Beijing. He has published dozens of law books and five crime novels in Chinese, including Hanging Devils and Black Holes, which have been translated into several languages. He is a senior adviser to the Supreme People's Court and the Supreme People's Procuratorate, and has often lectured at leading universities in the United States, Europe, Japan, and Australia.

Table of Contents

Foreword xi

Preface xiii

Principal Cases of Wrongful Conviction in China xxv

Introduction: Empirical Studies on Wrongful Convictions 1

Part 1 The Misleading Roads Illustrated in the Teng Xingshan Case (Back from the Dead I)

Chapter 1 The Setting of Inappropriately Tight Deadlines for Solving Criminal Cases 13

Chapter 2 The "From Confession to Evidence" Model of Criminal Investigation 25

Chapter 3 The Misinterpretation of Scientific Evidence 31

Chapter 4 The Continued Use of Torture to Extract Confessions 43

Chapter 5 The One-Sided and Prejudicial Collection of Evidence 52

Part 2 The Misleading Roads Illustrated in the She Xianglin Case (Back from the Dead II)

Chapter 6 The Bowing to Public Opinion in Contradiction to Legal Principles 81

Chapter 7 The Unlawfully Extended Custody with Tunnel Vision 96

Chapter 8 The Nominal Checks among the Police, the Procuratorate, and the Court 110

Chapter 9 The Nominalization of Courtroom Trials 117

Chapter 10 The Reduction of Punishment in a Case of Doubt 133

Part 3 New Developments in the Criminal Justice System following the Zhao Zuohai Case (Back from the Dead III)

Chapter 11 The Exclusionary Rules against Illegally Obtained Evidence 149

Chapter 12 Prom Investigation Centeredness to Trial Centeredness 162

Chapter 13 Reform of the People's Juror System 170

Chapter 14 Reform of the Criminal Retrial System 183

Chapter 15 Changing the Mind-Set for Criminal Justice 193

Postscript 206

Notes 211

Bibliography 227

Index 229

What People are Saying About This

Chenyang Li

Since the Opening-up in the 1970s, China’s criminal justice system has been slow in reform, which is desperately needed. This book reveals this important dimension of contemporary China to the English-speaking world. The topic will not only interest legal scholars and professionals but also a general audience interested in China.

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Law
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