The New Code of Criminal Procedure in the People's Republic of China: Protection,Problems, and Predictions

This paper is a “nuts and bolts” look at criminal procedure in China as outlined by Chinese and Western scholars, the Chinese code of criminal procedure, and my own observations in the People's Republic of China. China has finally formalized, at least to some degree, its criminal justice procedures and protections after years of ad hoc procedures. Also, along with codifications of criminal procedures, the Chinese are making greater use of defense attorneys, and trying to work out their version of “presumption of innocence.” Finally, the Chinese are grappling with these new rules and procedures, attempting to develop a fair and consistent system of criminal procedure that sometimes still gives way to political expedience.