The NYU-U.S.-Asia Law Institute Asia Law Explainer
The U.S.-Asia Law Institute is launching a new feature on its website to report and analyze selected developments in law in Asian jurisdictions. Our goal is to address issues that are part of the general discussion of legal development in Asia but are often under-reported, unclear or misunderstood. In many cases, we start with a question that piques our curiosity and search for answers. This new “NYU-U.S.-Asia Law Institute Asia Law Explainer” is a way for us to share what we have learned.
Other blogs and websites do an excellent job of reporting on the latest news relating to Asian legal developments. We aim to dig deeper into some of those issues. As a result, our posts may tend to be longer than the typical blog post and are unlikely to “break” news, except insofar as they may provide more background and analysis than has been available before. We also welcome different points of view as we readily acknowledge that there is no one right answer for many of the questions we pose.
Our first post is a good example of the type of work we plan to do. In it, my colleague, Ms. YIN Chi, a former judge herself, and I, analyze China’s “lifetime accountability” doctrine for Chinese judges. “Lifetime accountability” has been used as a slogan for over a decade but has taken on new significance since the beginning of the Xi Jinping administration as a tool to combat wrongful convictions. We take a deep dive into the history of “lifetime accountability” and the various pronouncements and normative documents on the subject to shed light on exactly what “lifetime accountability” means. We are also in the process of preparing other posts about legal developments in China, as well as other Asian Jurisdictions, including Viet Nam, Taiwan and Japan. In the near future, we will be posting about the following:
- China’s new Supervision Commission Law – what it means, who and what is covered and what it means for the Rule of Law in China.
- China’s new proposal to amend the Criminal Procedure Law to allow “plea bargains,” with Chinese characteristics;
- Recent developments on the exclusionary rule for false confessions and other unlawfully obtained evidence;
- China’s “trial-centered” criminal justice proposals - what does it mean?
- Viet Nam’s new criminal procedure law;
- Recording of police confessions in Japan;
- The Innocence Movement in Asia, including China; Taiwan; Viet Nam and Japan
Our posts will be authored by our team of bilingual, bicultural and “bi-legal” research scholars, as well as friends of our U.S.-Asia Law Institute. We invite interested colleagues to also submit guest posts on relevant topics.
U.S.-Asia Law Institute