Book contents
- Chinese Courts and Criminal Procedure
- Chinese Courts and Criminal Procedure
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Acknowledgements
- Abbreviations
- 1 Post-2013 Reforms of the Chinese Courts and Criminal Procedure
- 2 The Meandering Path of Judicial Reform with Chinese Characteristics
- 3 Dimensions and Contradictions of Judicial Reforms in China
- 4 How the Supreme People’s Court Drafts Criminal Procedure Judicial Interpretations
- 5 Judicial (Dis)Empowerment and Centralisation Efforts
- 6 A New Model of Habeas Corpus in China? Procuratorial Necessity Examination of Pretrial Custody
- 7 Live Witness Testimony in the Chinese Criminal Courts
- 8 Blood Money and Negotiated Justice in China
- 9 Performance Evaluation in the Context of Criminal Justice Reform
- 10 From Populism to Professionalism
- Index
4 - How the Supreme People’s Court Drafts Criminal Procedure Judicial Interpretations
Published online by Cambridge University Press: 25 June 2021
- Chinese Courts and Criminal Procedure
- Chinese Courts and Criminal Procedure
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Acknowledgements
- Abbreviations
- 1 Post-2013 Reforms of the Chinese Courts and Criminal Procedure
- 2 The Meandering Path of Judicial Reform with Chinese Characteristics
- 3 Dimensions and Contradictions of Judicial Reforms in China
- 4 How the Supreme People’s Court Drafts Criminal Procedure Judicial Interpretations
- 5 Judicial (Dis)Empowerment and Centralisation Efforts
- 6 A New Model of Habeas Corpus in China? Procuratorial Necessity Examination of Pretrial Custody
- 7 Live Witness Testimony in the Chinese Criminal Courts
- 8 Blood Money and Negotiated Justice in China
- 9 Performance Evaluation in the Context of Criminal Justice Reform
- 10 From Populism to Professionalism
- Index
Summary
Drawing on research into the substance of and process by which the Supreme People’s Court drafts judicial interpretations in the area of criminal procedure law, this chapter argues that the drafting process proceeds in a ‘gated community’ of representatives from the relevant authorities. The process creates legal rules that are politically acceptable, legally sound and practicable in the Chinese legal environment. The drafting reflects the quasi-administrative way in which the Supreme People’s Court operates: professional yet politically attuned. Although discrete efforts are being made to strengthen human rights protections and procedural protections (e.g. increasing ‘trial-centred procedures’) in the course of criminal procedure reforms, those efforts will be restricted to the confines of what is permitted by the political authorities.
Keywords
- Type
- Chapter
- Information
- Chinese Courts and Criminal ProcedurePost-2013 Reforms, pp. 84 - 108Publisher: Cambridge University PressPrint publication year: 2021