Conclusion: Making Sense of Chinese Criminal Trials
Chinese culture and law have many features. Both have been flexible and adaptive for centuries and, both were radically reshaped in the twentieth century. With a focus on China’s attempt to accelerate its legal and criminal justice reform efforts in the past two decades, this study shows in a limited fashion what the effects of some of these innovations have been: they are modest at best. The current Chinese juridical practice is set in a political climate that can be defined as adaptive authoritarianism where elements of the rule of man, rule by law, and rule of law coexist. The field of Chinese criminal justice can be figuratively described as a “fenced-off playground with paternalistic guards.” (The Economist 2013) There is a general recognition that China’s economic ascendance in recent decades has created a genuine dilemma pitting a liberated (and increasing liberal) grassroots economic spirit against the old, stifling political constraints induced by the government. In particular, researchers have noticed the expanded expectation for the Chinese court to serve not only as impartial and effective adjudicators of private disputes but also as necessary checks on state power (Liebman 2008).
KeywordsCriminal Justice World Value Survey Criminal Trial Legal Practice Chinese Characteristic
- Bybee, K. J. (2010). All judges are political except when they are not: Acceptable hypocrisies and the rule of law. Palo Alto: Stanford University Press.Google Scholar
- Cohen, J. (2011). People’s jury system: Is It possible in Mainland China? http://www.usasialaw.org/?p=5226
- Congressional-Executive Commission on China. (2011). Criminal Justice (pp. 80–93)002E Annual Report, 2011. Washington, D.CGoogle Scholar
- De Bary, W. T. (2000). Asian values and human rights: A confucian communitarian perspective. Cambridge: Harvard University Press.Google Scholar
- Ewick, P., & Silbey, S. (1998). The common place of law: Stories from everyday life. Chicago: University of Chicago Press.Google Scholar
- He, N. (2014). The Politics of numbers: Crime statistics in China. In L. Cao, I. Sun, & W. Hebenton (Eds.), Handbook of Chinese criminology. New York: Routledge Publishers.Google Scholar
- Liang, B. (2008). The changing Chinese legal system, 1978-present: centralization of power and rationalization of the legal system. New York: Routledge.Google Scholar
- Liebman, B. L. (2007). China’s courts: Restricted reform. Columbia Journal of Asian Law, 21, 2–44.Google Scholar
- Liebman, B. L. (2008). China’s courts: Restricted reform. Columbia law school, public law and legal theory working paper group (an extended version of liebman, 2007). pp. 8–180.Google Scholar
- Lubman, S. (2003). The study of Chinese law in the United States: reflections on the past and concerns about the future. Global Studies Law Review, 2, 1–35.Google Scholar
- McCloskey, R. (1960). The American supreme court. Chicago: University of Chicago Press.Google Scholar
- Popkin, W. D. (2007). Evolution of judicial opinion: Institutional and individual styles. New York: New York University Press.Google Scholar
- Pye, L. W. ( 1992). The Spirit of Chinese Politics. Cambridge: Harvard University Press.Google Scholar
- Supreme People’s Court. (2010). Annual report of 2009. PR China: Beijing.Google Scholar
- The Economist (2013). China’s internet: A giant cage. Special report on China and the internet. April 6th, 2013. http://www.economist.com/news/special-report/21574628. Access on 4/8/2013.
- The State Council Information Office (PRC) (2012). China’s Judicial Reform White Paper. http://www.scio.gov.cn/zfbps/ndhf/2012/201210/t1226622.htm. Accessed on 11/19/12.
- U.S. Supreme Court (2012). Arizona v. U.S., 567 U.S.Google Scholar
- U.S. Supreme Court (2012). National federation of independent business v. Sebelius, 567 U.S.Google Scholar