RT Article
T1 Judicial examination and determination of victim wrongs in criminal trials in Mainland China: an explorative study
JF Crime, law and social change
VO 76
IS 1
SP 85
OP 104
A1 Ding, Yao
A2 Zhao, Qianwei
LA English
YR 2021
UL https://krimdok.uni-tuebingen.de/Record/1824552742
AB Although victim wrongs often contribute to assault and battery cases, the judicial examination and determination of victim wrongs in criminal trials in mainland China remain understudied. This is problematic because a thorough understanding of crime requires examining all parties involved to restore the truth. This study explored the examination and determination of victim wrongs in cases of assault and battery and identified reasons for the current trial practice in mainland China. We analyzed 447 criminal judgments of assault and battery cases in Jinan City in 2018 and conducted semistructured interviews with 27 judges in Shandong Province. Although victim wrongs prevailed among assault and battery cases, findings suggest that they were inadequately assessed and underrepresented in criminal judgments. Explanatory factors of this phenomenon include the judicial tradition of focusing on the accused, the absence of substantive provisions in judging victim wrongs, and the lack of procedural guarantee in examining victim wrongs (i.e., proposal of victim wrongs, victim’s appearance in court, evidence rules, and victim role conflicts). Specific suggestions for trial ideology shift, legislation change, and trial procedure reform under the quasi-inquisitorial system in mainland China were discussed.
NO Literaturverzeichnis: Seite 102-104
K1 Überfall
K1 Körperverletzung
K1 Opfer
K1 Justizsystem
K1 Fehler
DO 10.1007/s10611-021-09956-z