China's criminal justice system

This section provides materials on China's criminal justice system and issues that directly impact extradition decisions. This includes China's most recent government white paper, which states that China is not a system under rule of law and that defense lawyers shall be subservient to the needs of the Chinese Communist Party. Here, you will also find official data on arrests, prosecutions and conviction rates.

This section provides some additional resources on various topics that will be relevant for any extradition hearing, but to understand the issues stemming from China's criminal justice system, and how they interact with each other, it is vital to read the full extradition manual, Hide and Seek (available to download on your right). This section is thus not comprehensive, and reading the full manual is a must to understand the complex issues that arise from China's criminal justice system.

As this report [Hide and Seek] argues, the denial of the right to a fair trial and the prevalence of torture call for a total moratorium on law enforcement cooperation and extradition of fugitives to China, and the emptiness of consular and diplomatic assurances removes any opening for ad hoc exceptions. To put it another way, regardless of the veracity of criminal allegations, the risk of human rights abuse upon return to China is so great that international extradition norms and human rights law implores countries not to extradite to China.

This report lays out the evidence for a blanket refusal of extradition requests from China and also serves as a resource for stakeholders engaged with countering or documenting China’s use of extraditions to pursue fugitives abroad

Government white papers, official declarations, reports, and statements

Topic The absence of an independent judiciary.

"The Communist Party of China's absolute leadership over political and legal systems must be upheld. [...] The political and legal staff should fulfill their major duties of safeguarding the country's political security [...]", Xi Jinping, general secretary of the CCP Central Committee in an instruction publicized in 2018.

Topic The CCP's absolute control over every aspect of society.

This 2017 review of the constitution of the communist party of China.

Topic Rule of Law.

Plan on Building the Rule of Law in China (2020–2025). Issued by the CCP Central Committee, this plan describes the building of a "Socialist Rule of Law" that is ongoing and is scheduled to continue until 2035. Note the use of the word "Socialism" to redefine rule of law. It highlights CCP leadership as being at the center of the legal system and the role of "Party committees" at all levels of government infrastructure, including law enforcement and judicial organs. All Party committees are regulated by internal Party directives, not by State law.

Topic Trial and conviction data.

The Supreme Court's annual work report 2022. For analysis of this, see Prosecutions abandoned, conviction rate record high, and more on China’s judiciary 2022 and China’s criminal justice system in the Age of Covid.

Topic Arrest and prosecution data.

The Supreme Procuratorate (prosecutor's office) annual work report 2022. For analysis of this, see Prosecutions abandoned, conviction rate record high, and more on China’s judiciary 2022 and China’s criminal justice system in the Age of Covid.

Topic Data on access to legal counsel.

The head of the Chinese Bar Association is the source for the most recent data available on access to legal counsel for criminal detainees. In 2017, it was less than 30%.

Topic Role of lawyers.

A new body established in 2018 to specifically investigate economic crimes by Party members, State functionaries, and public bodies has entirely removed the right to have legal counsel. A chief of the provincial bureau under this new body said it made investigations more "effective". A professor of law at Peking University explained that such cases are "heavily dependent on the suspect’s confession. (...) If he (the suspect) remains silent under the advice of a lawyer, it would be very hard to crack the case".

Topic Judicial independence.

Opinions on Strengthening Legal Education and Legal Theory Research in the New Era. This high-level document spells out official opposition to judicial independence, adherence to the CCP's lead role in the judicial system, and that legal education should be based on "Xi Jinping Thought," and meet ideological and political standards.

Document no. 9. Classifies judicial independence as a "Western" concept and a key threat to the CCP.

Statement form Ministry of Justice. Xi Jinping’s Thought on the Rule by Law opens up a new realm of sinicisation and modernisation of Marxist theory of the Rule by Law. This outlines the role of the Party in developing the legal system, the guidance of Xi Jinping, and rejection of "Western" notion of separation of power and judicial independence.

Topic Dictatorship.

Both the Criminal Law and the National Security Law refer quite clearly to China as a dictatorship.