Problems and prospects: China's response to wrongful convictions

Abstract

This article describes the difficulties involved in the implementation criminal justice reforms. These difficulties are caused by deep flaws that affect how China responds to wrongful convictions and that dampen the prospect for their prevention or remedy. Through new case studies, it critically examines the difficulties associated with the implementation of mechanisms for preventing or remedying such convictions, both before and after the Criminal Procedure Law of the PRC (2012 CPL). It further proceeds to further analyze deep flaws in China's justice system, indicating that the prime reasons for the constant failure of justice reforms is due more to institutional practices than to attitudinal or cultural practices in China. It finally concludes by suggesting that, in order to mend the major flaws and fill the implementation gap between law and practice, authorities should learn from China's past and from relevant overseas experience to better prevent wrongful convictions.