Chinese Justice


Chinese Justice
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Chinese Justice


Chinese Justice
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Author : Margaret Y. K. Woo
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-25

Chinese Justice written by Margaret Y. K. Woo 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 2011-04-25 with Law categories.


This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.



Chinese Justice The Fiction


Chinese Justice The Fiction
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Author : Jeffrey C. Kinkley
language : en
Publisher: Stanford University Press
Release Date : 2000

Chinese Justice The Fiction written by Jeffrey C. Kinkley and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Literary Collections categories.


This is a full-length study of Chinese crime fiction in all eras: ancient, modern, and contemporary. It is also the first book to apply legal scholars law and literature inquiry to the rich field of Chinese legal and literary culture.



Justice


Justice
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Author : Flora Sapio
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-27

Justice written by Flora Sapio 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 2017-07-27 with Law categories.


A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.



Chinese Justice


Chinese Justice
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Author : Margaret Y. K. Woo
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-25

Chinese Justice written by Margaret Y. K. Woo 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 2011-04-25 with Law categories.


This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies, and the needs of the global market. Given the political dimension of dispute resolution in creating, settling, and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.



Chinese Civil Justice Past And Present


Chinese Civil Justice Past And Present
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Author : Philip C. Huang
language : en
Publisher: Rowman & Littlefield
Release Date : 2010

Chinese Civil Justice Past And Present written by Philip C. Huang and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.


The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.



Heaven Has Eyes


Heaven Has Eyes
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Author : Xiaoqun Xu
language : en
Publisher: Oxford University Press
Release Date : 2020-08-03

Heaven Has Eyes written by Xiaoqun Xu and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-03 with History categories.


Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.



In The Name Of Justice


In The Name Of Justice
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Author : Weifang He
language : en
Publisher: Brookings Institution Press
Release Date : 2012-11-05

In The Name Of Justice written by Weifang He and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-05 with Political Science categories.


Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings



The Judicial System And Reform In Post Mao China


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.



The Construction Of Guilt In China


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 Quality Of Mercy


The Quality Of Mercy
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Author : Brian E. McKnight
language : en
Publisher: University of Hawaii Press
Release Date : 1981

The Quality Of Mercy written by Brian E. McKnight and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Law categories.


"In medieval China, every two years on the average, the state flung open its judicial doors. The docket was cleared, the jails were emptied, the open cases were closed - all in a manner without precedent elsewhere in the world. In an age where punishment could at times be quick and strict, the policy of amnesty seems all the more puzzling. why did governments in the early empire let their criminals go? And why did later governments gradually abandon the policy?"--Book jacket.