The powers of the police and the rights of suspects under the amended Criminal Procedure Law of China

Author: Ma, Yue

Source: Policing: An International Journal of Police Strategies and Management, Volume 26, Number 3, 2003 , pp. 490-510(21)

Publisher: Emerald Group Publishing Limited

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Abstract:

The Chinese criminal justice system has undergone significant changes in the past 20 years. An important aspect of the changes is the promulgation of a series of laws that are essential to the criminal justice operation. In 1996, the National People's Congress promulgated the amended Criminal Procedure Law (CPL). The amended law in many aspects has expanded the rights of defendants and suspects. But the preliminary research on the implementation of the amended CPL indicates that due to the lack of a culture of respect for the law on the part of the police and the deficiencies contained in the amended CPL, the protections afforded to suspects are far from being properly implemented by the police. Introduces to readers the legislative progress made in the amended CPL, examines various problems that arise in the implementation of the amended CPL, and offers suggestions as to what needs to be done further to assure better protections of suspects' rights at the police investigatory stage.

Keywords: China; Criminal justice; Criminal law

Document Type: Research article

DOI: http://dx.doi.org/10.1108/13639510310489511

Publication date: 2003-09-01

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