Wrongful convictions with Chinese characteristics

Abstract

AbstractThis study examines the impact of an imbalanced judiciary on the generation and rectification of wrongful convictions in China. Specifically, we investigate the influence of the Political and Legal Affairs Commissions (PLACs), which are tasked by the Communist Party with controlling judicial authorities. By analyzing 335 cases of wrongful convictions between 1990 and 2010, we have identified a significant relationship between the appointment of PLAC secretaries as chiefs of police and an increase in wrongful convictions. This arrangement disrupts the checks within the judicial system, leading to the prosecution of an additional 251 individuals each year in a given province. Our research reveals that in 81% of the cases examined, the correction of a wrongful conviction occurred after the secretary of the provincial PLAC, who held oversight over the court responsible for the conviction, had left office. Furthermore, even after the responsible PLAC secretaries had been replaced, if the successors were previously their subordinates, the likelihood of reversing wrongful convictions remained low. Our findings provide persuasive evidence in favour of judicial independence.