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Reform And Development Of Powers And Functions Of China S Criminal Proceedings


Reform And Development Of Powers And Functions Of China S Criminal Proceedings
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Reform And Development Of Powers And Functions Of China S Criminal Proceedings


Reform And Development Of Powers And Functions Of China S Criminal Proceedings
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Author : Weidong Chen
language : en
Publisher: Springer Nature
Release Date : 2020-10-15

Reform And Development Of Powers And Functions Of China S Criminal Proceedings written by Weidong Chen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-15 with Law categories.


This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.



Reform And Development Of Powers And Functions Of China S Criminal Proceedings


Reform And Development Of Powers And Functions Of China S Criminal Proceedings
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Author : Weidong Chen
language : en
Publisher:
Release Date : 2021

Reform And Development Of Powers And Functions Of China S Criminal Proceedings written by Weidong Chen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.


This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author's substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.



China S Socialist Rule Of Law Reforms Under Xi Jinping


China S Socialist Rule Of Law Reforms Under Xi Jinping
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Author : John Garrick
language : en
Publisher: Routledge
Release Date : 2016-01-29

China S Socialist Rule Of Law Reforms Under Xi Jinping written by John Garrick and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-29 with Social Science categories.


Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.



Trial Of Modernity


Trial Of Modernity
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Author : Xiaoqun Xu
language : en
Publisher:
Release Date : 2008

Trial Of Modernity written by Xiaoqun Xu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Justice, Administration of categories.


This book illuminates what judicial modernity actually meant to the Chinese state and society in the early twentieth century and how the judicial reform resulted in paradoxical consequences due to a lack of resources and a disjunction between the national reform agenda and local social ecology.



Judicial Independence In China


Judicial Independence In China
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Author : Randall Peerenboom
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-23

Judicial Independence In China written by Randall Peerenboom 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 2009-11-23 with Law categories.


This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.



Reform And Development In China


Reform And Development In China
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Author : Yang Yao
language : en
Publisher: Routledge
Release Date : 2010-09-13

Reform And Development In China written by Yang Yao and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-13 with Business & Economics categories.


Between 1978 and 2006, GDP growth in China maintained an annual average rate of 9.7%, meaning the Chinese economy increased by more than twelve times. This was achieved with quite unorthodox approaches to reform and development as China has adopted a gradualist approach to adopting key institutions, as well as modifying and experimenting with traditional recipes for economic growth. This collection brings together key researchers in the field from Asia, US, Europe and Australia to discuss how China has managed to push forward reforms in the face of political resistance, how the Chinese economy has maintained growth within an imperfect institutionalist environment and how the Chinese government remains effective when it relinquishes its power to the market. Specific emphasis is paid to the relevance of China’s experiences to other developing countries. This valuable contribution to the study of China’s economy covers a wide range of topics, including the historical foundations of the 30 years of reform, law and development in China, foreign direct investment, poverty reduction, market integration, income distribution, social protection, as well as demographics and population. Reform and Development in China finds both unique elements to the Chinese experience and elements which can be applied to other developing countries. In particular, China’s gradualism in economic reform, strong leadership, and emphasis on inclusive development are singled out to be potentially transferable to other developing countries. This collection will be of interest to postgraduate students and researchers as well as practitioners in development economics.



Law And Political Economy In China


Law And Political Economy In China
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Author : Tamar Groswald Ozery
language : en
Publisher: Cambridge University Press
Release Date : 2023-08-24

Law And Political Economy In China written by Tamar Groswald Ozery 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 2023-08-24 with Law categories.


Applying a novel theoretical approach, Tamar Groswald Ozery combines law and political economy to deconstruct the role of law in China's market development since 1978. The book examines how economic and administrative powers within China's Party-state system have been legally and politically configured throughout China's growth process. Using a vast range of primary sources, Ozery illuminates how the law acts as a mediating institution that translates and gives shape to the relations between politics and economics. Using the evolution of public firms and corporate governance as a case study, the book illustrates the complex relationships between law, politics, and economic development, and sheds new light on the possible varieties of growth-supporting governance institutions in firms. By studying China's distinct market experience through the lens of law and political economy, the book offers a significant contribution to development studies, comparative corporate governance, and interdisciplinary discussions about China as a growth model.



Legal Reform And Administrative Detention Powers In China


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.



Legal Reform In The Contemporary Socialist World


Legal Reform In The Contemporary Socialist World
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Author : Ngoc Son Bui
language : en
Publisher: Oxford University Press
Release Date : 2024-08-27

Legal Reform In The Contemporary Socialist World written by Ngoc Son Bui 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 2024-08-27 with Law categories.


Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.



The Changing Chinese Legal System 1978 Present


The Changing Chinese Legal System 1978 Present
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Author : Bin Liang
language : en
Publisher: Routledge
Release Date : 2007-12-12

The Changing Chinese Legal System 1978 Present written by Bin Liang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-12 with History categories.


This groundbreaking book examines the changing Chinese legal system since 1978. In addition to historical analyses of changes at the economic, political-legal, and social levels, Liang gives special attention to crime and punishment functions of the legal system, and the current judicial system based on field research, i.e., court observations in both Beijing and Chengdu. The court system has been in a process of systemization, both internally and externally, seeking more power and relative independence. However, traditional influences, such as preference of mediation (over litigation) and substantive justice (over procedural justice), and lack of respect (from the masses) and guaranteed power (from the political structure), still have major impacts on the building and operation of the judicial system. Liang also shrewdly places the Chinese legal and political reform within the global system. This book, which reshapes our understanding of the economic, political, and essentially legal changes in China within the global context, will be crucial reading for scholars of Asia, law, criminal justice, and sociology.