Cross-Examination of Witnesses in Chinese Criminal Courts: Theoretical Debates, Practical Barriers, and Potential Solutions

Questioning witnesses is essential for both fact-finding and ensuring the defendant\u27s right to confrontation in criminal trials. Part I introduces the recently released judicial interpretation on the Application of Criminal Procedure Law by China\u27s Supreme Court as a background for discussion of this Article. In Part II, the author sets the stage by arguing that resolution of questions concerning examination and cross-examination of witnesses is essential to the effective achievement of China\u27s trial-centered criminal procedure law reform. In Part III, a historical review is given of the academic debate on the questioning of witnesses in Chinese criminal courts. Part IV examines and evaluates China\u27s current legislation on cross-examination of witnesses. By comparing the Chinese legal provisions with the Anglo-American cross-examination rules, the author argues that China has not formally established cross-examination rules, but that there are some existing provisions that nevertheless regulate or guide cross- examination. In Part V, the author discusses her empirical findings about the questioning of witnesses in Chinese criminal courts. Features will be summarized, and problems identified. In Part VI, some proposals are put forward to create a set of cross- examination rules suited to the Chinese situation. Part VII concludes this Article by reiterating the author\u27s key arguments

The New Chinese Mental Health Laws

The United Nations Convention on the Rights of Persons with Disabilities is by far the most important international agreement yet developed concerning the mentally disabled. China adopted this Convention in 2008. In 2012 China went further—making major changes in the way that China deals with mental health issues in both its criminal and its civil law. Coming first was a new Criminal Procedure Code that adds a whole new dimension to the way that China deals with the mentally ill who are charged with crimes. Equally important was the new civil mental disabilities law that China adopted later in the year. Many years in the making, this new law is China’s first comprehensive modern civil mental disabilities law. This article discusses both the major features of these new laws and some of the more important tasks that remain for the future