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

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

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

Jiahong He

University of Hawai'i Press

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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