The Defense Lawyer in the Scales of Chinese Criminal Justice

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Title The Defense Lawyer in the Scales of Chinese Criminal Justice
Author Hou, Shumei; Keith, Ronald Colin
Journal Name Journal of Contemporary China
Year Published 2011
Place of publication United Kingdom
Publisher Routledge
Abstract Western critics are keenly interested in the defense lawyer as an advocate within the human rights movement in China and fear that under the impact of state persecution the defense lawyer is becoming an ‘endangered species’. This article argues that, while there are significant problems, there has also been progress in Chinese lawyering reform that ties together greater professionalism with a new emphasis on due process. The revised Lawyers’ Law of 2007 is an important new benchmark in lawyer reform. This law has challenged the limited dimensions of earlier reform. This law, itself, has been challenged in bureaucratic resistance that is deploying outdated criminal procedural law to negate the reforms supporting the new process and protected lawyer–client relations. The National People’s Congress has supported the latter, arguing that it represents the latest in reform and is, therefore, superior to the more restrictive provisions of the 1996 Criminal Procedural Law and supporting public security regulation.
Peer Reviewed Yes
Published Yes
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Copyright Statement Copyright 2011 American Alliance for Theatre & Education. Published by Taylor & Francis. This is the author-manuscript version of the paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal link for access to the definitive, published version.
Volume 20
Issue Number 70
Page from 379
Page to 395
ISSN 1469-9400
Date Accessioned 2011-05-24
Language en_US
Faculty Griffith Business School
Subject Law and Legal Studies
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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