Criminal Reconciliation in Contemporary China

Criminal Reconciliation in Contemporary China

An Empirical and Analytical Enquiry

Jue Jiang

Criminal reconciliation, a special procedure stipulated in PRC’s 2013 Criminal Procedure Law, allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies on pilot practices of this mechanism in three cities in China, this book argues that criminal reconciliation enables abuses of power and infringement of the parties’ access to justice. This programme further throws light on certain fundamental problems with the wider criminal justice system.

Chapter 2: A comparative look at criminal reconciliation: a transplant of restorative justice?

Jue Jiang

Subjects: law - academic, asian law, law and society

Abstract

This chapter derives from the heated debate especially among domestic Chinese scholars over the ‘nature’ (xingzhi) of criminal reconciliation, namely, whether it is China’s transplant of restorative justice, or a purely indigenous Chinese practice. It provides a comparative study of criminal reconciliation and restorative justice. On the one hand, this chapter analyses three essential discrepancies between these two systems, including the different roles of community or society, of ‘reintegrative shaming’ and the ultimate goals embedded in the two systems. On the other hand, for further illustrating these discrepancies, this chapter provides the author’s observation notes of three restorative justice meetings in Brisbane, Australia in 2009. The discussion of the theory and practice of restorative justice in this chapter is also helpful as to understanding the gap between criminal reconciliation ‘on paper’ and it ‘in practice’ as shown in the ensuing three chapters.

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