Intellectual Property Rights: Open Access

Abstract

China's Justice Practice: Towards the Adversarial Process

Na Jiang

This paper examines practice on China’s undergoing reform on criminal law and criminal justice, particularly on non-adversarial controls retained in its road towards the adversarial system, in order to explore into the major obstacles of, and certain potential for, its transition towards adversarial processes. It will be suggested that further reform should be promoted to mend such flaws in both law and practice concerned. Also, the suspension of an immediate moratorium on executions and the increasing of more transparency and judicial independence are of great significance and in urgent need to better protect human rights of the accused, including those facing the death penalty.