NCJ Number
169386
Journal
Criminologist Volume: 21 Issue: 3 Dated: (Autumn 1997) Pages: 158-166
Date Published
1997
Length
9 pages
Annotation
This article examines the protection of human rights under the Criminal Procedure Law of China adopted March 17, 1996 and enforced January 1, 1997.
Abstract
The new law makes some important breakthroughs in the protection of human rights: (1) abolition of shourongshencha, which was abused in the past so that the human rights of average citizens were not protected; (2) involvement of lawyers earlier in criminal proceedings; under the old law lawyers could participate only at the trial; (3) reform of trial methods; (4) improved protection of the rights of victims; (5) investigation of criminal activities and just punishment of criminals; (6) ensuring that innocent citizens are not called to account; (7) protecting human rights through strict procedures; (8) rigorous evidence system; and (9) conscientious safeguarding of procedural rights of the accused and of victims. Defects of the new law, some due to legislative techniques and some due to the specific situation in China, include: failure to create a special procedure applicable to minor offenders only; failure to specify an analogy procedure; victims do have independent rights of appeal in criminal proceedings; and lawyers are not allowed to participate in the investigation stage of criminal proceedings. Notes