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  • A Pragmatic Study of Information Control in Criminal Trials in China: A Case Study of Fund-raising Fraud Trials

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    Hu,Bing_Final Thesis_Redacted.pdf (2.021Mb)
    Author(s)
    Hu, Bing
    Primary Supervisor
    Lovell, Susan
    Cao, Deborah
    Year published
    2017-12
    Metadata
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    Abstract
    Fund-raising fraud, as an emerging type of financial crime in China, had always been debated over its conviction and sentencing, due to the intricacy of its circumstances and elements of crime. After two amendments to China’s long criticised Criminal Procedure Law in 1996 and 2012, adversarial concepts and practices were introduced, giving greater attention to procedural justice, human rights protection, presumption of innocence, direct speech principle in order to achieve a more even balance in power status and right of speech between prosecution and defence. The presentation and interpretation of legal facts, which are ...
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    Fund-raising fraud, as an emerging type of financial crime in China, had always been debated over its conviction and sentencing, due to the intricacy of its circumstances and elements of crime. After two amendments to China’s long criticised Criminal Procedure Law in 1996 and 2012, adversarial concepts and practices were introduced, giving greater attention to procedural justice, human rights protection, presumption of innocence, direct speech principle in order to achieve a more even balance in power status and right of speech between prosecution and defence. The presentation and interpretation of legal facts, which are critical to the adjudication of fund-raising frauds, are predominantly presented through discoursal interactions via manipulation of information by different litigants who become increasingly more competitive and conflictive with each other. The conflictive courtroom discourse is profoundly embedded in the asymmetrical power web interwoven between the litigants in court. The self-identities of each litigant and the impact of discoursal interactions on their member resources and institutional ideology can be reflected through analysis of their interactions. It is, therefore, of great interest and significance for the researcher to examine the information control and power status in the newly reformed criminal trial system of China from a pragmatic and discoursal perspective, through an analysis of real life fund-raising trial video recordings that have been opened to the public in the past three years. This research aims mainly to identify, describe and interpret the linguistic and pragmatic features registering information control and power relations between different litigants in courtroom discourse so as to interpret and reflect on the proceedings, procedural justice and power relations during the interactive adjudication process. The member resources (MR) of different litigants play a pivotal role in the use of discoursal strategies and conflictive interpretations of legal facts. Ideological coercions and social power asymmetry are also looked at as secondary issues which impact on the reform of criminal judicial trials, especially the adjudication of fund-raising fraud in China. Ideological reproduction or reformation process will also be touched upon based on the change of MR during conflictive interactions.
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    Thesis Type
    Thesis (Masters)
    Degree Program
    Master of Philosophy (MPhil)
    School
    School of Hum, Lang & Soc Sc
    DOI
    https://doi.org/10.25904/1912/815
    Copyright Statement
    The author owns the copyright in this thesis, unless stated otherwise.
    Subject
    Criminal trials
    China
    Fraud trials
    Publication URI
    http://hdl.handle.net/10072/370924
    Collection
    • Theses - Higher Degree by Research

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