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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 Nominalization of Courtroom Trials

The Nominalization of Courtroom Trials

Chapter:
(p.117) Chapter Nine The Nominalization of Courtroom Trials
Source:
Back from the Dead
Author(s):

Jiahong He

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824856618.003.0010

This chapter explains how the increased reliance on case files instead of hearings to aid court decisions has led to the courtroom trial being defunctionalized. The causes of this nominalization include file-centered judgment and the application of administrative-management principles. An empirical study found that judges' assessments of evidence during trial were not recorded in court records in most cases and suggested that these assessment were only a formality.

Keywords:   courtroom, defunctionalisation, trial, evidence, impeaching

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