The Chinese Criminal Defence System: A Comparative Study of a System in Reform

Abstract

This paper examines some recent steps taken in mainland China towards providing a better system of justice for criminal defendants and considers how effective these reforms are in practical terms. Many of the reforms contained in the Criminal Procedure Law of 1996 were intended to introduce aspects of the adversarial system of justice to the prevailing system. However, the safeguards introduced often lack the necessary guarantees to ensure compliance. To demonstrate the need for mainland China to adopt further reforms, the author compares aspects of the criminal justice system in mainland China with that of the common law jurisdictions of Hong Kong, the United Kingdom, and Australia (Victoria), in four key areas: (1) the collection and admissibility of illegally obtained evidence; (2) the duty of disclosure placed on the prosecution and the defendant's right to all material evidence; (3) the defendant's right to competent and adequate legal advice and representation and (4) the presumption of innocence.