The Construction of Guilt in China: An Empirical Account of Routine Chinese Injustice

Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from b...

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Bibliographic Details
Main Author: Mou, Yu
Format: Book
Language:unknown
Published: Hart 2020
Subjects:
Online Access:https://eprints.soas.ac.uk/31654/
https://doi.org/10.5040/9781509913053
Description
Summary:Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Setting within a broad socio-legal context, this book outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author follows the investigative dossier in the criminal process – how it is constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony – as its focal point. It illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power.