Comparative Perspectives on Criminal Justice in China
Show Less

Comparative Perspectives on Criminal Justice in China

Edited by Mike McConville and Eva Pils

Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 9: Lawyers’ activism and the expansion of the right to counsel in Taiwan

Yu- Jie Chen


This chapter traces the development of an arrestee’s right to counsel in the Republic of China or Taiwan (ROC or Taiwan) and explores the role of the island’s lawyers and lawyers’ associations in advancing that development. It argues that the specific case of the expansion of the right to counsel in Taiwan serves as a model where lawyers’ activism in bolstering their role in the legal system brings about reforms that strengthen criminal defence and, more generally, contributes to positive change in attitudes towards lawyers. This study is also an attempt to broaden the comparative perspectives of those who seek to promote vigorous criminal defence in the People’s Republic of China (PRC). Chinese defence lawyers’ access to their detained clients has remained very limited, and the scope of legal assistance that lawyers are allowed to provide has been far from adequate in both law and practice. As the National People’s Congress is now considering a new round of revisions to the Criminal Procedure Law, including changes concerning the defence lawyer’s role before trial, the time is ripe to again consider how to make meaningful improvements in the right to counsel in China and the prospects of reforms. Because of the similarities in political-legal culture between Taiwan and the PRC, the Taiwan experience is extremely relevant to this task.

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.