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Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice.
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ISBN: 9004386386 9004386378 Year: 2018 Publisher: Leiden, Boston: Brill,

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This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.

The trial on trial
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ISBN: 1841135429 9781841135427 1841134422 9786610808878 1472559657 128080887X 1847311628 Year: 2004 Publisher: Oxford Portland, Oregon Hart Publishing

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The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence are determined. Its continuing significance is evidenced by the heated responses drawn by recent government proposals to reform rules of criminal procedure and evidence so as to alter the status of the trial within the criminal justice process and to limit the role of the jury. Yet for all of the attachment to trial by jury and to principles safeguarding the right to a fair trial there has been remarkably little theoretical reflection on the meaning of fairness in the trial and criminal procedure, the relationship between rules of evidence, procedure and substantive law, or the functions and normative foundations of the trial process. There is a need, in other words, to develop a normative understanding of the criminal trial. The book is based on the proceedings of two workshops which took place in 2003, addressing the theme of Truth and Due Process in the Criminal Trial. The essays in the book are concerned with the question of whether, and in what sense, we can take the discovery of truth to be the central aim of the procedural and evidential rules and practices of criminal investigation and trial. They are divided into four parts addressing distinct but inter-related issues: models of the trial (Duff, Matravers, McEwan); the meaning of due process (Gunther, Dubber); the meaning of truth and the nature of evidence (Jung, Pritchard); and legitimacy and rhetoric in the trial (Burns, Christodoulidis)


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Fair trial : taken en verplichtingen voor rechter en partijen resulterend in een billijke bewijslastverdeling
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ISBN: 9060007719 9789060007716 Year: 1990 Publisher: Arnhem Gouda Quint

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Europeanization of procedural law and the new challenges to fair trial
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ISBN: 9789089520050 9089520058 Year: 2009 Publisher: Groningen: Europa Law Publishing,

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Despite European integration, judicial procedure has long remained autonomous, i.e. a purely national regulatory object. In recent years, however, it has been possible to notice increasing traces of the Europeanization of procedural law on multiple levels. The rapid internationalization development of procedural law advancing on these various levels sets challenges to the research of procedural law, as well as to the conduct of judicial procedure. This book consists of a number of independent, but interrelated, theses and post-doctoral research projects. The comprehensive research in this collection examines the challenges that are now taking place in the Europeanization of procedural law.


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Fairness in international criminal trials
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ISBN: 0191802786 Year: 2016 Publisher: Oxford : Oxford University Press,

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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminaltribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law.


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The right to confrontation in Europe : absent, anonymous and vulnerable witnesses.
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ISBN: 9789089520708 Year: 2012 Publisher: Groningen Europa law publishing

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Impartial justice : the real Supreme Court cases that define the constitutional right to a neutral and detached decisionmaker
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ISBN: 0739177222 9780739177228 1299557732 9781299557734 9780739177211 0739177214 Year: 2013 Publisher: Lanham, Md. : Lexington Books,

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This book discusses the Constitutional right to a neutral decisionmaker, focusing on U.S. Supreme Court cases on the Sixth Amendment guarantee to a jury in criminal cases and to the due process requirements of an impartial judge and a neutral decisionmaker in quasi-judicial contexts. The work explores how these rights have evolved, and it critically examines relevant Court cases.

Fair trial rights of the accused : a documentary history
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ISBN: 0313007004 9780313007002 0313305250 9780313305252 9786610708284 6610708282 128070828X Year: 2002 Publisher: Westport, Conn. : Greenwood Press,

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Book
Schijn van partijdigheid rechters
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ISBN: 9054542446 Year: 2002 Publisher: Den Haag Boom juridische uitgevers

The right to a fair trial
Authors: ---
ISBN: 3540625933 Year: 1997 Volume: 129 Publisher: Berlin ; New York : Springer,

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