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 6: Understanding wider problems with the Chinese criminal justice system through the lens of criminal reconciliation

Jue Jiang

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


This chapter analyses the problems with the wider criminal justice system that led to the specific problems with criminal reconciliation. First, legal rules are ignored, in part counteracted by internal regulations and in part supplanted by ‘hidden rules’ (qian guize) in practice, which, rather than showing the officials’ rampant power, reveal their weakness in facing the various external and internal pressures coming from, for example, the Political-Legal Committees (zhengfa wei), the Public Security Bureaus, People’s Congresses, local governments and the internal performance assessment systems. Second, the criminal process reflects an authoritarian approach to education aimed at thought reform. Third, evading the real problems leading to difficulty in enforcement (zhixing nan): the government fails to take sufficient responsibility for protecting the victims’ rights to get compensation in civil litigation collateral to criminal proceedings (xingshi fudai minshi susong).

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