The Right to a Fair Trial in China: The Criminal Procedure Law of 1996
Over a decade ago, the promulgation of the 1996 Criminal Procedure Law drastically improved the criminal justice system in China by introducing some key rights and procedural safeguards for criminal defendants. Unfortunately, in practice many of the rights introduced lacked real substance. The reforms were intended to introduce aspects of the adversarial system of justice to the historically inquisitorial system, however the safeguards introduced lacked the necessary guarantees to ensure compliance and the right to a fair trial is still far from a reality for China’s criminal defendants.
Glittery Promise vs. Dismal Reality: The Role of a Criminal Lawyer in the People's Republic of China after the 1996 Revision of the Criminal Procedure Law
In this Article, the Author examines the recent revisions to the Chinese Criminal Procedure Law. The Author maintains that while the revisions were intended to promote a more equitable criminal justice system, the political climate in fact has rendered the revisions a step down for both defense attorneys and defendants. The Author analyzes different aspects of the revised law in order to support this point. In his conclusion, the Author suggests some changes to the criminal procedure law that may help to bring the Chinese defense system up to international standards.
International Covenant on Civil and Political Rights.
The following are countries that have ratified the International Covenant on Civil and Political Rights since 1983: 1) Argentina, 8 August 1986; 2) Cameroon, 27 June 1984; 3) Congo, 5 October 1983; 4) Equatorial Guinea, 25 September 1987; 5) Luxembourg, 18 August 1983; 6) Niger, 7 March 1986; 7) Philippines, 23 October 1986; 8) San Marino, 18 October 1985; 9) Sudan, 18 March 1986; 10) Togo, 24 May 1984; 11) Democratic Yemen, 9 February 1987; and 12) Zambia, 10 April 1984.