Teaching Comparative Government and Politics

Friday, April 27, 2018

Closing a loophole

It might look like reform, but the changes appear also to be closing a loophole in the legal system.

By the way, do you know what the headline writer means by "China's top legislature?"

China's top legislature in session, Criminal Procedure Law to be amended
China's top legislature began its bimonthly session on Wednesday, with amending the Criminal Procedure Law and several other pieces of legislation on the agenda.

Li Zhanshu (left)
Li Zhanshu, chairman of the National People's Congress (NPC) Standing Committee, presided over the meeting, which was attended by 169 committee members.

A highlight of the session is the draft revision to the Criminal Procedure Law.

Shen Chunyao, chairman of the Commission for Legislative Affairs of the NPC Standing Committee, said the revision would codify default judgment…

The default judgment, for example, will be used against suspects and defendants in corruption or bribery cases who have fled abroad as authorities step up the fight against corrupt fugitives.

The legislation plans to strengthen efforts to catch overseas fugitives…

According to a government white paper, from 2014 to mid-October 2017, 3,453 fugitives were brought back from more than 90 countries and regions. Illegal assets worth 9.5 billion yuan (around 1.5 billion U.S. dollars) were recovered.

"In the past, fugitive officials can only be tried after being repatriated," said Chen Weidong, a professor at Renmin University of China. "With default judgment in place, they will be punished by law even if they escape to the farest [sic] corner of the world."…

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