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CHINA

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by

Nikkola Dimopoulos

on 16 May 2015

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Transcript of CHINA

Key historical Movements/ legal tradition
China was ruled by a series of feudal dynasties for 4000 years until 1911
Nationalist party dominated from 1912
Between 1911-1949 China was in a chaotic political situation
Mao Zedong- founding father of PRC and formed the communist party in 1921
Deng Xiaoping took leadership in 1976 and focused on making China a socialist state
A combination of socialist and civil law
Recent issues for china's court system
Presumption of guilt
Burden of proof
Qualified criminal lawyers
Admissibility of illegally seized evidence
Illegitimate confessions
The influence of chief judges on verdicts and sentencing
Possible solutions to chinas court process issues
solutions continued
2. Chief judges impact on verdicts/sentencing
Decisions need to be made while case is open in court
Judges need to be qualified
Emphasis on good practice
Explanation of sentencing decisions needs to be made in court
An overhaul of the whole system!!
Operation of China's court processes
CHINA
Nikkola, Manzour, Diana, Tash & Ella
Investigation
Pre-trial
Trial
Sentencing
1. Confessions acquired through torture and illegally seized evidence
Better police practice
Independent third parties
Proper recording/logging of evidence
Stricter rules of evidence & procedure
Development of an impartial watchdog
International pressure through Human Rights treaties
Reduce police powers
Tackle police corruption
Full transcript