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New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen Aug 2010

New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen

Annual Survey of International & Comparative Law

On March 17,1996, the 8th National People's Congress passed a new criminal procedure law during its 4th conference, based on an earlier code promulgated on January 1, 1980. In general, the new Criminal Procedure Code introduced significant developments in connection with the following aspects of the law: presumption of innocence, coercive measures, abolition of exemption from prosecution, criminal defenses, and the reformation of judicial proceedings.


International Human Rights Law In Japan: The View At Thirty, Timothy Webster Jan 2010

International Human Rights Law In Japan: The View At Thirty, Timothy Webster

Faculty Publications

Japanese courts have become increasingly open to the use of international human rights law in the past two decades. This paper examines several of the key decisions that reflect the judiciary's embrace of international law, particularly in the areas of criminal procedure and minority rights. I argue that the judiciary has eclipsed the other branches of government as the primary disseminator of human rights norms in Japan.