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Between Reality and Idea: Implementing the Rule of Law in China's Pre-trial Process

  • Enshen Li*
  • *Corresponding author for this work

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

15 Downloads (CityUHK Scholars)

Abstract

This article explores the regulatory and conceptual frameworks of the Chinese pre-trial process by identifying the administrative justice system as one salient component in this legal scheme. It reviews the major difficulties of administering pre-trial justice in accordance with the rule of law, as well as corresponding legislative recommendations for promoting the rule of law as a normative system in the operation of the pre-trial process. The article proceeds to make a claim that the idea of implementing the rule of law as the reformative basis to regularize the pre-trial process is most likely unsuccessful due to the Party's resistance and the immaturity of the current legal system. © 2012 International Journal of Criminal Justice Sciences (IJCJS).
Original languageEnglish
Pages (from-to)398-415
JournalInternational Journal of Criminal Justice Sciences
Volume7
Issue number1
Publication statusPublished - Jan 2012
Externally publishedYes

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Research Keywords

  • China
  • pre-trial process
  • normative system
  • legal system

Publisher's Copyright Statement

  • This full text is made available under CC-BY-NC-SA 4.0. https://creativecommons.org/licenses/by-nc-sa/4.0/

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