Suchergebnisse

China's criminal proceedings have been recognized as being "investigation centred." I argue that the rise of the Plea Leniency System has led to "prosecution centredness." Analysis of the operation and consequences of plea leniency shows how the procuratorate has overshadowed the police and further marginalized the courts. In plea leniency, the defendant has little chance of being acquitted and the legal profession provides little defence. While this paradigm shift signals further leniency in criminal justice, rights protections make way for efficiency and crime control. As such, plea leniency has profound implications for the operation of the criminal justice apparatuses, defendants, defence lawyers, and the mode of crime control in China. (China Q/GIGA)

Drawing on interviews with Chinese judges, this paper reveals the major effects of judicial reforms during the past half decade. It focuses on the ramifications of a new quota and responsibility system for judges and on the strengthening of central-government controls over the judiciary. The paper differentiates between what the Party considers to be legitimate and illegitimate influences on judges, which sheds light on recent legal developments and the role of the judiciary in Chinese governance. The article finds that illegitimate influences on courts have declined palpably, but what the Party perceives to be legitimate influences have persisted and even been reinforced. More direct, comprehensive control over judges has replaced previously fragmented, multilayered mechanisms. Despite important changes, the reforms did not lead to institutional independence of Chinese judges, nor has the stature of the courts in China's political landscape changed. (China J/GIGA)

Politics has shaped the operation of the Chinese courts as well as their decision-making processes. This article surveys mostly empirical studies on the relationship between the courts and politics. It covers topics such as judicial independence, local protectionism, judicial mediation, judicial innovation, judicial reforms, and people's attitudes toward the courts. It provides a clue to understand the trajectory of the Chinese courts, the legal system, and the relationship between law and society in general.

Based on participant observation and in-depth interviews with judges, this article demonstrates the significant role of concern for social stability in China's divorce law practice in highly contested and potentially explosive cases. This is evident in the current use of mediation procedures. Since the judge is held responsible for keeping the parties in check, the concern for social stability dominates proceedings. The legal criterion of 'the breakdown of mutual affection' is eclipsed by the political principle of 'no malicious incidents'. This emphasis on maintaining stability, however, paradoxically reproduces social instability because it incentivizes violence in the domestic sphere. It also reinforces gender inequality. This study suggests the need to reflect upon the appropriate role of the judiciary in divorce proceedings and the tenuous boundary between law and politics in contemporary China.