Edited by Mike McConville and Eva Pils
Chapter 6: Issues in the reform of China’s public prosecution system – against the backdrop of new revisions to the Criminal Procedure Law
Criminal procedures in modern democratic countries under rule of law practise the principle of separation of prosecution and trial, and public prosecution procedures occupy an important position in criminal proceedings. Beginning in 2008, China launched a new round of relatively wide-ranging systemic reforms of the judicial system and operations, and has announced a series of judicial interpretations that reflect the results of these reforms. Corresponding with this, the Standing Committee of the National People’s Congress initiated further revision of the Criminal Procedure Law, which is expected to be concluded in the near future. The new revisions to the Criminal Procedure Law are sure to involve reforms to the public prosecution system, regarding which this writer will observe and reflect on three central issues: exclusionary rules for illegally obtained evidence; conditional non-prosecution; and sentencing recommendations. I will explore these issues and briefly state my own views on them in the hope of contributing to the successful revision of the Criminal Procedure Law and to the optimal reform of the public prosecution system.
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