{"title":"中华人民共和国司法不公与犯罪建构","authors":"Y. Mou","doi":"10.14296/AC.V2I2.5258","DOIUrl":null,"url":null,"abstract":"Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms. \nKeywords: miscarriages of justice; China; criminal justice; case construction.","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"37 9 1","pages":"261-267"},"PeriodicalIF":0.0000,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Miscarriages of Justice and the Construction of Criminality in the People’s Republic of China\",\"authors\":\"Y. Mou\",\"doi\":\"10.14296/AC.V2I2.5258\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms. \\nKeywords: miscarriages of justice; China; criminal justice; case construction.\",\"PeriodicalId\":50867,\"journal\":{\"name\":\"Advances in Computers\",\"volume\":\"37 9 1\",\"pages\":\"261-267\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Advances in Computers\",\"FirstCategoryId\":\"94\",\"ListUrlMain\":\"https://doi.org/10.14296/AC.V2I2.5258\",\"RegionNum\":4,\"RegionCategory\":\"计算机科学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"Computer Science\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Advances in Computers","FirstCategoryId":"94","ListUrlMain":"https://doi.org/10.14296/AC.V2I2.5258","RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Computer Science","Score":null,"Total":0}
Miscarriages of Justice and the Construction of Criminality in the People’s Republic of China
Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms.
Keywords: miscarriages of justice; China; criminal justice; case construction.
期刊介绍：
Since its first volume in 1960, Advances in Computers has presented detailed coverage of innovations in computer hardware, software, theory, design, and applications. It has also provided contributors with a medium in which they can explore their subjects in greater depth and breadth than journal articles usually allow. As a result, many articles have become standard references that continue to be of significant, lasting value in this rapidly expanding field.
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