Search Results

This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.

environments with specific coordinates and values and their procedural rules emerge and develop accordingly. 36 2 The Theory of Procedural Justice Rawls has provided the most influential modern theorisation of procedural justice, by investigating the distinction between distributive and procedural

In: The Law & Practice of International Courts and Tribunals

, rather than to pursue a discrete commitment to protecting individual rights. 1 In China, authorities often refer to the reform goal of improving “judicial justice.” According to Chinese scholars, this entails the pursuit of procedural justice as part of the overall aim of facilitating and obtaining a

In: Brill Research Perspectives in Governance and Public Policy in China

, rather than to pursue a discrete commitment to protecting individual rights. 1 In China, authorities often refer to the reform goal of improving “judicial justice.” According to Chinese scholars, this entails the pursuit of procedural justice as part of the overall aim of facilitating and obtaining a

In: Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice
Author: Rachel Killean

) 12 and the Special Tribunal for Lebanon ( stl ). 13 A number of scholars have begun to explore the value of victim participation using the lens of procedural justice theory. 14 This theory, originally developed in the context of domestic legal systems, posits that participant satisfaction with a

In: International Criminal Law Review
Author: Izawati Wook

that the issue of the contest for resources involving indigenous peoples should be addressed from a procedural justice approach. It highlights the main principles embedded in the concept of procedural justice relevant to the issue and the constitutional framework in Malaysia that safeguard the right to

In: International Journal on Minority and Group Rights

enhancing or lowering citizens’ perception of their legitimacy. This can be observed among humans, as the violation or compliance with rules and regulations are formed through habits, attitudes and behavioural practices ( Fortes, 1983 ; Bottom, 2002 ; Major et al., 2002 ); for example, procedural justice

In: European Journal of Crime, Criminal Law and Criminal Justice
Author: Rok Hacin

as fair treatment. Legitimacy derives not only from procedural justice, but is based on legality, distributive justice, and effectiveness of the power-holders. 16 The idea of legitimacy of those in authority or power-holders derives from an individual’s voluntary compliance. This compliance

In: European Journal of Crime, Criminal Law and Criminal Justice

several countries in conflict-ridden regions to acquire their own deterrent weapons capabilities has increased. Approach This article examines how procedural justice ( pj ) and distributive justice ( dj ) principles impact effectiveness in arms control negotiations. pj refers to the justice of how

In: International Negotiation

resource management, using a qualitative and interpretive methodology. 19 It considers the theoretical basis of the ecosystem approach and its links to the pillars of environmental justice. These pillars include distributive justice, procedural justice and justice-as-recognition, as well as

In: Chinese Journal of Environmental Law