Lubman on the Criminal Procedure Law

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As I’ve mentioned on occasion, I’m no expert in criminal law. Not only has it never been part of my legal practice (as a foreigner, that’s kind of impossible), but none of the firms I’ve ever worked for here has offered those kind of services.

As you may have heard, China has made major revisions to its Criminal Procedure Law. I haven’t really posted anything about this for the reasons I cited above. There have been numerous articles written by journalists as well as lawyers and academics. Given all those options, you can’t go wrong with anything written by Prof. Stanley Lubman, who has a new blog post on the topic for the Wall Street Journal.

His emphasis is on implementation, the problem with much of China’s new legislation. Things always look great on paper, after all, but the proof is in the enforcement:

The revised Criminal Procedure Law (CPL) enacted this month by China’s National People’s Congress (NPC) is being hailed by the local media as a significant step forward, which it may well be if its provisions are implemented in practice.