Criminal Justice in China

Criminal Justice in China

An Empirical Inquiry

Mike McConville

The political, economic and social transformations that have taken place in China over the last half-century have had a major impact upon the formal methods, institutions and mechanisms used to deal with alleged criminal infractions. This path-breaking book, based upon the largest and most systematic empirical inquiry ever undertaken in China, analyses the extent to which changes to the formal legal structure have resulted in changes to the law in practice.

Appendix 1: Chinese criminal procedure: an overview

Mike McConville

Subjects: asian studies, asian law, law - academic, asian law, criminal law and justice, human rights, politics and public policy, human rights


Figure App. 1.1 Chinese criminal procedure flowchart EXPLANATIONS OF THE CHINESE CRIMINAL PROCEDURE FLOWCHART [1] The victim may also bring a lawsuit directly to a people’s court without presenting a petition first (Art. 145). But such kind of private prosecution may be initiated only in the following circumstances: 1) cases to be handled only upon complaint; 2) cases for which the victims have evidence to prove that those are minor criminal 455 M2561 – McCONVILLE TEXT.indd 455 17/03/2011 08:52 456 Criminal justice in China [2] [3] [4] [5] [6] [7] cases; and 3) cases for which the victims have evidence to prove that the defendants should be investigated for criminal responsibility according to law because their acts have infringed upon the victims’ personal or property rights and the public security organs or the people’s procuratorates have not investigated the criminal responsibility of the accused (Art. 170). Ordinary criminal cases are handled by the public security organs, while crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations of a citizen’s personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and crimes involving infringement of a citizen’s democratic rights – committed by State functionaries by taking advantage of their functions and powers – are directly handled by the procuratorates (Art. 18). If the public security organ or the people’s procuratorate believes that there are no facts of a crime or that the facts are obviously incidental and do...

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