Chapter 3: Criminal reconciliation in practice: evidence from official case files
ExtractIn 2008 and 2010, the author conducted empirical studies in the People’s Procuratorates and People’s Courts in three selected places in China, namely: Changzhou in Jiangsu province, Chongqing Municipality, and Xi’an in Shaanxi province. The empirical studies involve two steps, first, an examination of case files, and then interviews with prosecutors, judges, lawyers, as well as the parties and other people participating in the criminal reconciliation programmes. This chapter discusses the background, the deficiencies and the findings of case file examinations. With statistics, case examples, and official documents obtained in the fieldwork, it details the procedure and operation of criminal reconciliation in practice, examines the achievements and failures of the officially alleged aims, and points out the necessity of interviews in order to have a full picture of this programme, as these case files may very likely be ‘the best examples’ selected by the officials.
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