Professor Miao is an Associate Professor of law from the Faculty of Law, Chinese University of Hong Kong. She holds a DPhil degree in law from the University of Oxford and two LLM degrees from New York University and Renmin University of China respectively. She previously conducted research in the capacity of New York University’s Global Fellow (2014-5) , University of Oxford’s Howard League Fellow (2013-4) and British Academy’s prestigious Postdoc Research Fellow (2015-6), National University of Singapore’s ASLI visiting scholar (2019) and recently Harvard Yenching Scholar (2019-20).
Among Professor Miao’s research interests are the intersections between law and technology, criminal justice, socio-legal studies and comparative law. She published with reputable international journals such as American Journal of Comparative Law, International Comparative Law Quarterly and British Journal of Criminology. She presented her work at Asian Law Institute’s Junior Faculty Forum (2021), Chicago-Tsinghua Junior Faculty Forum (2019), and Stanford International Junior Faculty Forum (IJFF) (2015). Her scholarship and commentaries have been featured in various international media outlets, including The Guardian, Financial Times, Wall Street Journal, South China Morning Post, and The Globe and Mail.
Professor Miao is an awardee of the American Society of Comparative Law’s Hessel Yntema Prize (2020) for the most outstanding scholarship by a scholar under 40 years of age. She is also a recipient of CUHK Law’s Academic Impact in Legal Scholarship (2021), Asian Law Institute’s Junior Faculty Award for Best Paper (2020), Chinese University of Hong Kong’s Young Researcher Award (2019), and Chinese University Faculty Teaching Excellence Awards (Hong Kong, 2019).
PUBLICATION
Journal Articles
- M Miao, Debating the Right to Explanation: An Autonomy-Based Analytical Framework, (2022) 34 Singapore Journal of Academy 736-762.
- M Miao, Relational Justice: Reconciling Murder in China” 30 (3) (2022) Michigan State University International Law Review 417-442.
- “’Democratizing’ Courts in an Authoritarian Polity? Using an Interest-based Bargaining Theory to Explain China’s Pilot Reform on its People’s Assessor System” 20 (2) (2020) Washington University Global Studies Law Review 431-468.
- M Miao, Replacing Death with Life? The rise of LWOP in the context of Abolitionist Campaign in the United States, Northwestern Journal of Law and Social Policy (2020).
- Risk, Populism and Criminal Law” (2019) 22 (4) New Criminal Law Review 391–433.
- M Miao, Defining Death-eligible Murder in China (2019) 67(2) American Journal of Comparative Law Volume 327-382.
FULL TEXT SSRN| ACADEMIA| RESEARCHGATE - J Pratt and M Miao, Risk, Populism and Criminal Law” (2019) 22 (4) New Criminal Law Review 391–433.
- J Pratt and M Miao, The end of penal populism, the rise of populist politics” (2019) 41 (2) Archives of Criminology 15-40.
- ML Xiong and M Miao, Miscarriage of Justice in Capital Cases in China , 41 (3) Hastings International & Comparative Law Review (2018 forthcoming).
FULL TEXT: SSRN | ACADEMIA| RESEARCHGATE - M Miao, The Penal Construction of Drug-related Offenses in the Context of ‘Asian Values’ – The Rise of Punitive Anti-Drug Campaigns in Asia, (2018) 1 (1) International Comparative, Policy & Ethics Law Review (previously the Cardozo Journal of International & Comparative Law and Cardozo Public Law, Policy & Ethics Journal), 46-76.
FULL TEXT: SSRN | ACADEMIA| RESEARCHGATE - J Pratt and M Miao, Penal Populism: The End of Reason 9 (13) Nova Criminis 71-105 (2017) (Spanish translation at 33-70).
Full Text: SSRN | ACADEMIA | RESEARCHGATE | MEDIA COVERAGE - D Pascoe and M Miao, Victim-Perpetrator Reconciliation Agreements in Murder Cases: What Can Muslim-Majority Jurisdictions and the PRC Learn from Each Other?, International & Comparative Law Quarterly (2017 forthcoming).
Full Text: SSRN | ACADEMIA - M Miao, ‘Two Years between Life and Death: A Critical Analysis of the Suspended Death Penalty in China’, International Journal of Law, Crime and Justice 45 (2015) 26–43.
- M Miao, ‘International Anti-Death Penalty Advocacy and China’s Recent Capital Punishment Reform’, (2015) International Affairs.
- A Review of the Progressive Development of International Human Rights Framework on Capital Punishment, (2015) GlobaLex, http://www.nyulawglobal.org/globalex/Human_Rights_Capital_Punishment.html
- C Hoyle and M Miao, ‘Thinking Beyond Death Penalty Abolitionist Reform – Lessons from Abroad and the Options for China’, (2014) 2 (2) China Legal Science (zhongguo faxue) 121.
- M Miao, ‘The Politics of China’s Death Penalty Reform in the Context of Global Abolitionism’ (2013) 53 (3) The British Journal of Criminology, 500-519.
- M Miao, ‘Capital Punishment in China: A Populist Instrument of Social Governance’ (2013) 17 (2) Theoretical Criminology, 233-250.
- M Miao, ‘Explaining the 2011 England Riots: Conflicts and Causes’, in 2012 (3) The Jurist, 147-180.
- M Miao and X Zhao, ‘Voluntarily Surrendering Oneself to the Police: An Examination of the Case of A Yun in Song Dynasty’ (2005) 20 (3) Journal of Henan Administrative Institute of Politics and Law, 69-75.
- X Wang and M Miao, ‘The International Criminal Court in China: Challenges and Opportunities’ (2005) 9 Criminal Forum (China Law Press).
Chapters
- Pratt and M Miao, Penal Populism: The End of Reason. In: Johansen, B.E., Akande, A. (eds) Get Your Knee Off Our Necks. Springer, Cham. 111-140 (2022).
- M Miao, Performance Evaluation in the Context of Criminal Justice Reform: A Critical Analysis, in Ahl, B (ed.), Chinese Courts and Criminal Procedure: Post-2013 Reforms 235-257 (Cambridge University Press, 2020).
- Pratt and M. Miao. “The End of Penal Populism; The Rise of Populist Politics” in Sureau, Timm, and F. Vojta (eds.), On Punishment: Negotiating Society. Integration and Conflict Studies (New York: Berghahn, 2020).
- M Miao, Pulling States towards Abolitionism: The power of acculturation as a socialization mechanism, in C Steiker and J Steiker (eds.), Comparative Capital Punishment Law, Edward Elgar (2019) 319–340.
- Pratt and M. Miao. “From Protecting Individual Rights to Protecting the Public: The Changing Parameters of Populist-Driven Criminal Law and Penal Policy” in G. Fitzi, J. Mackert, and B.S. Turner (eds.), Populism and the Crisis of Democracy: Volume 2: Politics, Social Movements and Extremism (London: Routledge, 2018) 47-63.
- M Miao, Pulling States towards Abolitionism: The power of acculturation as a socialization mechanism, in C Steiker and J Steiker (eds.), Comparative Capital Punishment Law, Edward Elgar (forthcoming 2017/8).
- John Pratt and Michelle Miao, From protecting individual rights to protecting the public: the changing parameters of populist driven criminal law and penal policy, in Jürgen Mackert et al (eds), Populism and Democracy (Rutledge, 2018 Forthcoming).
- M Miao, Audacity and Dilemma – China’s One Belt, One Road Initiative and Xi Jinping’s anti-Corruption Campaign, in Lutz-Christian Wolff and Chao Xi (eds), Legal Dimensions of China’s Belt and Road Initiative, Wolters Kluwer (2016), Chapter 22.
- D Johnson and M Miao (2015), ‘Chinese Capital Punishment in Comparative Perspective’, in Bin Liang and Hong Lu eds, The Death Penalty in China: Policy, Practice and Reform (Columbia University Press).
- M Miao, ‘Examining China’s Responses to the Global Campaign Against the Death Penalty’, in Hood R. and Deva S. (eds), Confronting Capital Punishment in Asia: Human Rights, Politics, Public Opinion and Practices (Oxford University Press 2013) 46-67.
- Zhao, B., Xiong, Z. and Miao, M.(eds), The 9/11 Event: The Report of the National Commission on Terrorist, (2005) Beijing: China People’s Public Security University Press.
Conference Papers
- Pulling States towards Abolitionism: The power of acculturation as a socialization mechanism (UT Austin Law, United States, April 2017) Conference on Comparative Capital Punishment Law
- Asian values and drug offence (University of Philippines, The Philippines, May 2017) 14th Asian Law Institute Conference
- Drawing the line between life and death (Academia Sinica, Taiwan, June 2017), Conference on Empirical Legal Studies in Asia (CELSA)
- Punishing Poverty and Addiction (Mexico City, June 2017) Law & Society annual meeting
- M Miao, ‘Changing Penal Ethos in Contemporary China’, at the 3rd Oslo International Symposium on Capital Punishment (Oslo, Norway, December 6-8, 2015)
- M Miao, ‘Between Life and Death – Moral Dilemma, political expediency, and the Politics of Capital Punishment Abolition in the United States’, at the 2015 International Junior Faculty Forum (Stanford Law School, California, October 8-10, 2015)
- M Miao, ‘Is it inevitable to Move towards Lengthy Incarceration? Examining the Collateral Consequences of Abolitionist Movement, at the American Society of Criminology Annual Meeting (San Francisco, California, November 19 – 22, 2014)
- M Miao, Global Fellows Forum, ‘Moving towards Lengthy Life Imprisonment? A Comparative Study on the Alternative Sanctions to the Death Penalty in the United States and China’, New York University School of Law (New York, NY, October 14, 2014)
- M Miao, ‘International Pressure, Public Backlash and Tactical Governance – the Political Life of China’s Capital Punishment Reform’, Socio-Legal Studies Association Seminar: The Cultural Lives of Death in Punishment (London, UK, 2 September 2-14)
- M Miao and B Zhao, ‘Examining the Impact of International Human Rights Norms and Practices on the Transformation of Chinese Attitudes and Practice regarding Capital Punishment‘, at Capital Punishment in Asia: Progress and Prospects for Law Reform (Hong Kong, 4 November 2011)
- M Miao, ‘The Significance and Limitations of International Human Rights Standard-Setting in Shaping Domestic Capital Punishment Practices: The Case of China’, at British Society Criminology Conference (Newcastle, Northumbria University, July 2011)
Other: Grants, Scholarships and Awards
- Research Grants Council ECS grant 2017/8
- CUHK Micromodules course development awards (2017)
- CUHK Law Faculty Direct Grant (2017)
- British Academy Postdoc Fellowship (Nottingham: 2015-16)
- NYU Global fellowship (New York: 2014-15)
- Howard League Postdoc fellowship (Oxford: 2013-14)
- UCCL (Universities’ China Committee in London) Annual Award Winner (2011)
- Gilchrist Educational Trust Grant Winner (2010)
- Domus Graduate Research Scholarship from St. Anne’s College, Oxford University (2009)
- O’Melveny & Myers Legal Scholarship (2006)
- Australian Vice Chancellor Commission Fellowship (2003)
http://cuhk.academia.edu/MichelleMiao