Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0012
- Subject:
- Society and Culture, Asian Studies
In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial ...
More
In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial commission organized by the High Court overruled the conviction against Zuohai and released him. Influenced by this wrongful conviction, the “Two Provisions on Criminal Evidence” were issued in June 2010. Against the background of this story, and drawing on the results of a survey of judges, the author discusses issues relating to illegally obtained evidence and calls for a higher standard for evidence collection, examination, and evaluation.Less
In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial commission organized by the High Court overruled the conviction against Zuohai and released him. Influenced by this wrongful conviction, the “Two Provisions on Criminal Evidence” were issued in June 2010. Against the background of this story, and drawing on the results of a survey of judges, the author discusses issues relating to illegally obtained evidence and calls for a higher standard for evidence collection, examination, and evaluation.
Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0011
- Subject:
- Society and Culture, Asian Studies
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 ...
More
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. This chapter examines the presumption of innocence, the standard of proof used in criminal trials, and the dilemma of wrongful conviction versus wrongful acquittal, and the role these concepts play in Chinese criminal justice.Less
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. This chapter examines the presumption of innocence, the standard of proof used in criminal trials, and the dilemma of wrongful conviction versus wrongful acquittal, and the role these concepts play in Chinese criminal justice.
