Further Reform of Chinese Criminal Justice--the New Amendment to Chinese Criminal Procedure Law

Session Submission Type: Pre-arranged Panel

Abstract

On September 7, 2023, the Chinese congress officially announced the new legislative agenda, and the Fourth Amendment to the Chinese Criminal Procedure Law was included. However, after a year, it is still not clear how to amend the law and what should be amended. This session discusses the coming Fourth Amendment and the further reform of Chinese criminal justice from the macroscopic and microscopic perspectives. Five papers will be presented in this session. The first paper argues that, instead of "major revision," this amendment will only be a "micro-revision" that aligns with the digital era and global competition, and is based on scientific and democratic principles. The second paper focuses on the defense lawyer’s involvement in the early stage of investigation and insists that the Fourth Amendment to the Criminal Procedure Law shall grant suspects access to lawyers before being incarcerated in detention centers, as well as the right to have a lawyer’s presence during police interrogation. The third paper demonstrates how to improve the protection of the property rights upon the property involved in a case in the Amendment, while suggesting a separate process to deal with such property parallel to conviction and sentencing. The fourth paper discusses the process for crimes committed by legal persons and recommends adding a chapter on “Corporate Criminal Procedure” under the section on “Special Procedures” in the Chinese Criminal Procedure Law. The final speech again from a general perspective to argue how to promote trial-centralism in the Amendment of criminal procedure law, and proposes a practical solution, "adding two principles and establishing two rights".
This session is to demonstrate the possible reforms of the Chinese criminal procedure, and all speakers would like to share opinions with scholars from all over the world.

Subtopic

• Topic 5: Social Control and Criminal Justice / Policing and Law enforcement (Policing WG)

Chair

• Weimin Zuo, Sichuan University School of Law

Individual Presentations

• How to Proceed with the Fourth Amendment to the Chinese Criminal Procedure Law? --- Based on Observations of the Legislative History - Weimin Zuo, Sichuan University School of Law

• The Protection of the Right to Property in Criminal Process of Dealing with Criminal-related Property in China - Shi Jiahui, Sichuan University School of Law

• On the Special Criminal Procedure for Crimes of Legal Person in the Amendment of the Chinese Criminal Procedure Law - Wu Hongyao, China University of Political Science and Law