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Back from the DeadWrongful Convictions and Criminal Justice in China$
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He Jiahong

Print publication date: 2016

Print ISBN-13: 9780824856618

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824856618.001.0001

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PRINTED FROM HAWAII SCHOLARSHIP ONLINE (www.hawaii.universitypressscholarship.com). (c) Copyright Hawaii University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in HSO for personal use.date: 06 December 2021

The Nominal Checks among the Police, the Procuratorate, and the Court

The Nominal Checks among the Police, the Procuratorate, and the Court

Chapter:
(p.110) Chapter Eight The Nominal Checks among the Police, the Procuratorate, and the Court
Source:
Back from the Dead
Author(s):

Jiahong He

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824856618.003.0009

In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. Based on analysis of the case, this chapter explains the assembly-line model that drives criminal justice proceedings in China and analyses the relationships among the entities involved. In this cooperative system, checks are insufficient and the power of the court is thus diminished.

Keywords:   nominal check, checks and balances, investigation-centered model, trial, prosecution, sentencing, She Xianglin

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