Essay: China’s Criminal Procedure Law
Amann is critical of the substance of the provisions of China’s Criminal Procedure Law as well as their implementation. Amann’s critique (2000, p. 860) is that:
- The rights in these provisions as creations of law are revocable.
- These provisions intend only to prevent the prosecution of the innocent and not to promote people’s rights much less people’s worth.
- Some other important rights are not explicit and need to be inferred from the provisions.
- The provisions miss out on some important underlying values.
Nonetheless, it is difficult to ignore the fact that reforms are taking place in China. The reforms that have started are continuing. Other indications of these reforms include China’s establishment of a legal aid foundation (Amann, 2000, p. 858).