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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.
Criminal procedure --- Criminal justice, Administration of --- Fair trial --- Right to a fair trial --- Trial, Fair --- Due process of law
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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)
Fair trial. --- Criminal procedure --- Fair trial --- Trials --- Philosophy. --- Right to a fair trial --- Trial, Fair --- Due process of law --- State trials --- Court proceedings --- Procedure (Law)
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Law of civil procedure --- Burden of proof --- Evidence (Law) --- Fair trial --- Right to a fair trial --- Trial, Fair --- Due process of law --- Onus probandi --- Proof, Burden of --- Trial practice --- Presumption of innocence --- Law and legislation
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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.
Procedure (Law) --- Procédure (Droit) --- International unification --- Unification internationale --- Fair trial --- Procédure (Droit) --- Adjective law --- Law --- Legal procedure --- Practice (Legal procedure) --- Procedural law --- Right to a fair trial --- Trial, Fair --- Due process of law --- Practice --- Procedure
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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.
International criminal law --- Fair trial --- Right to a fair trial --- Trial, Fair --- Due process of law --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes
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Defense (Criminal procedure) --- Due process of law --- Fair trial --- Right to a fair trial --- Trial, Fair --- Criminal defenses --- Defense (Law) --- Defenses, Criminal --- Actions and defenses --- Criminal procedure --- Trial practice --- Public defenders
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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 --- Right to a fair trial --- Trial, Fair --- Due process of law --- Cases. --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- United States --- Cases --- United States. Supreme Court
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Fair trial --- Due process of law --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Right to a fair trial --- Trial, Fair --- History
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Fair trial --- -Judicial ethics --- -Judicial process --- -Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Ethics, Judicial --- Legal ethics --- Right to a fair trial --- Trial, Fair --- Due process of law --- Psychological aspects --- Interpretation and construction --- Professional ethics --- Judicial ethics --- Judicial process --- -Fair trial
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Fair trial --- Due process of law --- Procès équitable --- Congresses. --- Comparative studies --- Congresses --- Congrès --- Etudes comparatives --- Right to a fair trial --- Trial, Fair --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of
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