CHINA'S PRE TRIAL-JUSTICE CRIMINAL JUSTICEPDF电子书下载

Chapter 1: Introduction: Localization of human rights in an activist state? 1

1.1 Introduction 1

1.2 The activist hierarchical state and possibilities for localization 8

1.3 Criminal justice and individual rights in the contemporary PRC 10

1.4 Outline of the contents of the book 41

Chapter 2: Law and institutions of pre-trial justice in the PRC 45

2.1 Introduction 45

2.2 Pre-trial procedures 45

2.3 The right to a remedy and challenges to co-ercive measures 59

2.4 The regulatory framework of criminal deten-tion centres 66

2.5 Pre-trial detention and law enforcement: the people's police 76

2.6 Detention oversight 83

2.7 Conclusion 101

Chapter 3: The rights and living conditions of detainees within criminal detention centres 103

3.1 Introduction 103

3.2 The right of detainees to an adequate standard of living and healthcare 104

3.3 Making the best use of detention 120

3.4 The rights of detainees upon admission into detention centres and contact with the outside world 129

3.5 Conclusion 134

Chapter 4: The right to legal advice and defence 136

4.1 Introduction 136

4.2 The right to legal advice and defence: inter-national standards and the legislation in the PRC 138

4.3 The right to legal advice and defence: problem-atic issues 140

4.4 Legal aid 158

4.5 The "black lawyers" 166

4.6 Conclusion 170

Chapter 5: Freedom from torture and ill-treatment 173

5.1 Introduction 173

5.2 Torture and ill-treatment of criminal suspects and defendants 173

5.3 The recurrence of torture in the PRC 182

5.4 Debating torture in the PRC 193

5.5 Conclusion 214

Chapter 6: Conclusions 217

6.1 Introduction 217

6.2 Rights and duties, and the human rights para-dox 217

6.3 The power of the legislation 220

6.4 Insiders and outsiders 223

Appendix 1: Pre-trial detention proceedings in the PRC 235

Appendix 2: National legislation and international stan-dards on pre-trial detention 239

Appendix 3: Table of abbreviations used in this study 261

Glossary 263

Bibliography 285

Index 373