Table of Contents

Comparative Perspectives on Criminal Justice in China

Comparative Perspectives on Criminal Justice in China

Edited by Mike McConville and Eva Pils

Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world.

Chapter 6: Issues in the reform of China’s public prosecution system – against the backdrop of new revisions to the Criminal Procedure Law

Chen Guangzhong

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


Criminal procedures in modern democratic countries under rule of law practise the principle of separation of prosecution and trial, and public prosecution procedures occupy an important position in criminal proceedings. Beginning in 2008, China launched a new round of relatively wide-ranging systemic reforms of the judicial system and operations, and has announced a series of judicial interpretations that reflect the results of these reforms. Corresponding with this, the Standing Committee of the National People’s Congress initiated further revision of the Criminal Procedure Law, which is expected to be concluded in the near future. The new revisions to the Criminal Procedure Law are sure to involve reforms to the public prosecution system, regarding which this writer will observe and reflect on three central issues: exclusionary rules for illegally obtained evidence; conditional non-prosecution; and sentencing recommendations. I will explore these issues and briefly state my own views on them in the hope of contributing to the successful revision of the Criminal Procedure Law and to the optimal reform of the public prosecution system.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information