From the author of Hanging Devils, one of The Guardian's top ten Asian crime novels, comes the long-awaited follow-up. When Xia Zhe, an ambitious trader at a state-owned securities company, is indicted for corporate fraud, lawyer Hong Jun takes on the case at the request of the young man's father. But as the trial date looms, it becomes clear that this case of avarice and ill-gotten gains is far from black and white. Hong Jun discovers a web of family secrets and hidden motives leading back to the turbulence of the Cultural Revolution. What he doesn't count on is that, in dredging up these long-dormant histories, he must face the shadows of his own past to get to the truth.
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.
This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He’s first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.
In April 1994, the body of an unidentified woman is found in a local village pond. Suspicion falls on She Xianglin, the husband of a local woman reported missing months earlier. With such a high profile case in the balance and no other suspects, the police focus on the one thing that can clinch the case: a confession. She Xianglin is detained, convicted and imprisoned, and the case is closed with swift justice. But eleven years later when a mysterious woman claiming to be the wife of She Xianglin reappears, she sets into motion a series of events truly stranger than fiction. Back from the Dead tells the fascinating story of one of China's most notorious wrongful conviction cases. Well-written and engaging, the reader learns not just about the She Xianglin case, but about the Chinese legal system and Chinese culture as well. The lessons from the She Xianglin case—regarding police tunnel vision, the problems of false confessions, and how politics can affect justice—ring true not just in China, but in every legal system around the world. A must read for anyone interested in criminal justice and comparative law.' Mark Godsey Director, Rosenthal Institute for Justice/Ohio Innocence Project. Back from the Dead is both an intriguing tale of murder and a fascinating insight into the workings of China's criminal justice system. It serves as a vital reminder of the importance of safeguarding suspect rights. It is powerfully optimistic and life-affirming & bizarrely so!' Amber Marks, author of Headspace. 'Professor He Jiahong has provided us with a meticulously detailed account of both the legal and factual aspects of the wrongful detention, conviction and imprisonment of She Xianglin for a murder he did not commit. This was one of the infamous cases of miscarriage of justice where popular outrage forced a reconsideration of the administration of criminal justice in China, in particular the use of capital punishment. But, this story does much more than recite the terrible wrong done to an innocent man. Professor He's account of this case reminds us of the very human dimensions of the lives of people caught up in this case and in other cases like it. It brings home to us the many differing ways miscarriages of justice damage, even destroy, the lives of all those involved. Far from concluding that such a case is extraordinary, we are ultimately left with the very uncomfortable sense of how ordinary it might be for such miscarriages of justice to be produced by China's criminal justice system where incentives and pressures to 'solve' such cases are strong and institutional checks and balances are weak.' Sarah Biddulph Professor and Associate Director (China), Asian Law Centre, Melbourne Law School, The University of Melbourne
This title provides an overall view of industrial geography in the context of contemporary China and investigates the development processes, research paradigms, and achievements of China’s industrial geography, with a particular focus on the post- reform period. The first two chapters introduce the overall background of industrialization and evolving policies of industrial geography in contemporary China. Based on sweeping literature reviews, empirical data analysis, and case studies, the author then examines key aspects of industrial geography and geographical patterns, dynamics, and the impact of industrial development. The following topics are discussed in detail: the geographical distribution and agglomeration of industries; national industrial parks; urbanization and industrialization; regional evolution of industries and interregional networks; firms and industrial organizations; exports, foreign investment, and trade; labour migration; land supply; industrial innovation; environmental issues and regulations; and industrial planning. In providing a full picture of the industrial geography of contemporary China, the title will be an essential reference for scholars and students studying economic geography, industrial geography, and the industrial and economic development of the People’s Republic of China.
This study focuses upon governance and social organisation within the Chinese village and explores the extent to which farmers have autonomy vis-à-vis their economic and political activities in an attempt to understand the relationship between farmers and the state in a rapidly changing China.
This book offers an in-depth analysis of China’s contemporary securities markets regulatory system, with a focus on regulation in practice. Examining the roles of both the China Securities Regulatory Commission and local governments, He argues that the government has built and developed markets from scratch to address the needs of the state and the economy at large. This book describes the workings of national and sub-national securities markets, and such a comprehensive approach gives insight into the ability of state regulation to guide a financial system. This book also provides a unique practical perspective, explaining of the dynamics of regulation in relation to the operation of the Chinese political system. Finally, it incorporates original empirical studies, including semi-structured interviews of professionals and a survey of retail investors. This book is an unparalleled resource for anyone interested in the regulation of securities markets, as well as finance in China in general.
Early 1990s China: Newly returned from the US, lawyer Hong Jun has just set up practice in a fledgling legal system when his first case walks through the door. 10 years ago a local beauty was killed on a state-owned farm in China's frozen northeast, and the police rushed to pin the crime on a likely culprit. Was the right man put away for the crime? In his struggle to uncover the truth, Hong Jun ruffles more than a few feathers. As many race to cash in on China's glittering future, he is forced to challenge those who put personal ambition above the rule of law--and those who will do anything to hide the sins of the past. In the finest tradition of international crime fiction, Hanging Devils is a gripping novel inspired by real events.
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyses many problems in China's justice system.
This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He’s first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.
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