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Criminal Reconciliation in Contemporary China

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.
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Chapter 3: Criminal reconciliation in practice: evidence from official case files

Jue Jiang

Extract

In addition to the description, analysis and debate around criminal reconciliation based on second-hand information shown in Chapter 1, there have been fieldwork reports describing the processes, outcomes and problems of criminal reconciliation practices in selected locations in China. Some of these reports have been produced by prosecutors or judges purporting to describe criminal reconciliation practices in their procuratorates or courts. Some have been conducted jointly by scholars and prosecutors or judges. Very few have been conducted solely by scholars.In general, these reports have covered the procedure designed for criminal reconciliation (in some selected procuratorates or courts) as shown in Chapter 1. Some of the reports also provide statistics concerning the number of criminal reconciliation cases in the institutions studied. Such data are in accordance with the analysis in Chapter 1 – as shown in these reports, criminal reconciliation, in pilot projects before the revision of the CPL in 2012, was not often used by the State authorities.For instance, a report produced by the research office based in the People’s Procuratorates of Wuxi city in Jiangsu province showed that in 2006, in the People’s Procuratorates of Wuxi city, only 8.8 percent of the minor criminal cases had been resolved through criminal reconciliation. Two prosecutors, Tan Zelin and Zhao Qiusheng revealed in their report that from 2007 to 2008, among all the cases solved by the People’s Procuratorates in Hunan province, only 3.55 percent had been resolved through criminal reconciliation. Even in the People’s Procuratorate of Chaoyang district in Beijing that started...

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