Efficiency, Justice, and Fairness: An Empirical Analysis of Criminal Appeals in Hunan Province, China

• In Event: Court Efficiency and Innovative Strategies

Abstract

To date, studies (especially empirical studies) on China criminal appeals are still rather limited. Based on 361 judicial documents rendered by appellate courts in Hunan Province, China, this study examines the appeal length and frivolous appeals under the topic of efficiency, and roles played by both courts and attorneys under the topic of justice and fairness. On one hand, our analyses show that Chinese judges are trying hard to abide by the laws and keep the appeal process efficient as they managed to conclude majority of cases within the statute of limitations and expediently reject frivolous appeals. On the other hand, there is still much room to further protect defendants’ rights and interests in criminal appeals from roles played by both appellate courts and defense attorneys. For the former, efforts should be made to expand open court reviews and encourage proactive reviews by judges; for the latter, reforms could be made to further facilitate and expand lawyers’ representation in the appeal process. This empirical inquiry sheds light on the practice of Chinese criminal appeals from a comparative perspective.

Authors

• Bin Liang, Oklahoma State University, Tulsa

• Kai Kuang, Hunan University