Show Less
You do not have access to this content

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.
Show Summary Details
You do not have access to this content

Chapter 4: The process of criminal reconciliation programmes: evidence from interviews

Jue Jiang


Based on the interviewees’ accounts, this chapter depicts a picture of criminal reconciliation different from what the case files have shown. Interviews show that serious violations of the official procedures occurred in all the four stages of this programme, namely, initiation, criminal reconciliation meeting, official decision and follow-up programmes. These violations have not only violated the vital principles of criminal reconciliation, such as voluntariness, but also impaired the parties’ rights protected in the law, such as presumption of innocence. Moreover, some violations, for instance, the prosecutors or judges added compulsory pre-requirements like local household registration (hukou) or the ability to pay monetary compensation as prerequisites for initiating this programme, or clauses impeding the parties’ rights to appeal in the reconciliation agreements, have further obstructed the parties’ access to justice and caused unfairness.

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

or login to access all content.