China S Criminal Justice System And The Trial Of Pro Democracy Dissidents
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China S Criminal Justice System And The Trial Of Pro Democracy Dissidents
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Author : Hungdah Chiu
language : en
Publisher: Maryland Series in Contemporary Asian Studies
Release Date : 1992
China S Criminal Justice System And The Trial Of Pro Democracy Dissidents written by Hungdah Chiu and has been published by Maryland Series in Contemporary Asian Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with History categories.
China S Criminal Justice System And The Treatment Of Political Dissidents
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Author : Hungdah Chiu
language : en
Publisher:
Release Date : 1991
China S Criminal Justice System And The Treatment Of Political Dissidents written by Hungdah Chiu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with China categories.
China S Legal Awakening
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Author : Carlos Wing-hung Lo
language : en
Publisher: Hong Kong University Press
Release Date : 1995-07-01
China S Legal Awakening written by Carlos Wing-hung Lo and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-07-01 with Law categories.
After decades of nihilistic rule under Mao Zedong, can legal order be restored in China? How successful is Deng Xiaoping's initiative in developing a socialist legal system? Where is China on its road to the 'rule of law'? This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents.
Comparative Perspectives On Criminal Justice In China
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Author : Michael McConville
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013
Comparative Perspectives On Criminal Justice In China written by Michael McConville and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.
International Engagement In China S Human Rights
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Author : Titus Chen
language : en
Publisher: Routledge
Release Date : 2015-07-03
International Engagement In China S Human Rights written by Titus Chen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-03 with Social Science categories.
Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.
The Construction Of Guilt In China
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Author : Yu Mou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-02
The Construction Of Guilt In China written by Yu Mou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.
The Judicial System And Reform In Post Mao China
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Author : Yuwen Li
language : en
Publisher: Routledge
Release Date : 2016-03-03
The Judicial System And Reform In Post Mao China written by Yuwen Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
Tradition Of The Law And Law Of The Tradition
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Author : Xin Ren
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1997-03-25
Tradition Of The Law And Law Of The Tradition written by Xin Ren and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-25 with Law categories.
Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
Asian Socialism Legal Change
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Author : John Gillespie
language : en
Publisher: ANU E Press
Release Date : 2005-08-01
Asian Socialism Legal Change written by John Gillespie and has been published by ANU E Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-01 with Social Science categories.
The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.
Legal Reform And Administrative Detention Powers In China
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Author : Sarah Biddulph
language : en
Publisher: Cambridge University Press
Release Date : 2007-12-20
Legal Reform And Administrative Detention Powers In China written by Sarah Biddulph and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-20 with Law categories.
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.