The Criminal Process In The People S Republic Of China 1949 1963

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The Criminal Process In The People S Republic Of China 1949 1963

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Author : Jerome Alan Cohen
language : en
Publisher: Harvard University Press
Release Date : 1968

The Criminal Process In The People S Republic Of China 1949 1963 written by Jerome Alan Cohen and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Law categories.

This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the direction of that change, and what are the prospects for the future? Today, immense difficulties impede the study of any aspect of China's legal system. Most foreign scholars are forbidden to enter the country, and those who do visit China find solid data hard to come by. Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes. Moreover, popular publications and legal journals that told much about the regime's first decade have become increasingly scarce and uninformative. In order to obtain information for this study, Mr. Cohen spent 1963-64 in Hong Kong, interviewing refugees from the mainland and searching out and translating material on Chinese criminal law. From the interviews and published works, he has endeavored to piece together relevant data in order to see the system as a whole. The first of the three parts of the book is an introductory essay, providing an overview of the evolution and operation of the criminal process from 1949 through 1963. The second part, constituting the bulk of the book, systematically presents primary source material, including excerpts from legal documents, policy statements, and articles in Chinese periodicals. In order to show the law in action as well as the law on the books, the author has included selections from written and oral accounts by persons who have lived in or visited the People's Republic. Interspersed among these diverse materials are Mr. Cohen's own comments, questions, and notes. Part III contains an English-Chinese glossary of the major institutional and legal terms translated in Part II, a bibliography of sources, and a list of English-language books and articles that are pertinent to an understanding of the criminal process in China.

The Criminal Process In The People S Republic Of China 1949 1963

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Author : Jerome Alan Cohen
language : en
Publisher:
Release Date : 1968

The Criminal Process In The People S Republic Of China 1949 1963 written by Jerome Alan Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.

The Criminal Process In The People S Republic Of China

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Author : Jerome Alan Cohen
language : en
Publisher:
Release Date : 1966*

The Criminal Process In The People S Republic Of China written by Jerome Alan Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966* with Criminal law categories.

Criminal Justice In Post Mao China

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Author : Shao-chuan Leng
language : en
Publisher: SUNY Press
Release Date : 1985-06-30

Criminal Justice In Post Mao China written by Shao-chuan Leng and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-06-30 with Political Science categories.

The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People’s Republic of China. China’s current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC’s first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law—the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system—such as the court, the procuracy, lawyers, and criminal procedure—and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China’s political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.

Social Control In The People S Republic Of China

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Author : Ronald J. Troyer
language : en
Publisher: Praeger
Release Date : 1989-09-07

Social Control In The People S Republic Of China written by Ronald J. Troyer and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-09-07 with Education categories.

Where other books have discussed selected social practices in China, this volume is unique in its coverage of the entire social control apparatus of that country. The contributors to this comprehensive study describe the design and operation of the Chinese social control system. Drawing on data gathered in China, the book introduces readers to China's unusual blend of formal and informal devices at the individual and neighborhood level up through the formal criminal justice system. This social control approach stresses citizen involvement and emphasizes prevention rather than reaction. The various chapters describe how the criminal justice system operates when these devices fail. The book's primary conclusion is that the low rates of deviance in China are a consequence of extensive social control efforts at the grassroots level. These grassroots devices are carefully controlled by the government. At the same time, however, China is rapidly changing. There is an extensive development of a formal criminal justice system and rapid economic development. The contributors predict that China's crime rate will rise as these trends continue. Professional criminologists, as well as students and scholars of criminology, delinquency, and comparative criminal justice systems, will find this book a valuable resource.

The History Of The People S Republic Of China 1949 1976

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Author : Julia Strauss
language : en
Publisher: Cambridge University Press
Release Date : 2007-06-11

The History Of The People S Republic Of China 1949 1976 written by Julia Strauss 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 2007-06-11 with History categories.

Examines the People's Republic of China between 1949 and 1976 from an explicitly historical perspective.

Criminal Law And Criminal Procedure Law In The People S Republic Of China

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Author : Jianfu Chen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-06-15

Criminal Law And Criminal Procedure Law In The People S Republic Of China written by Jianfu Chen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-15 with Law categories.

Criminal law features most prominently throughout the history of China. It applies to Chinese as well as foreigners. The increasing number of foreign people caught in the Chinese criminal justice system highlights the importance of an understanding of the Chinese criminal justice system. Equally critical in the understanding of Chinese society is an understanding of the role of criminal law and its practice in the protection or abuse of human rights in China. Criminal Law and Criminal Procedure Law in the People's Republic of China provides the most up-to-date and full translation of the Chinese Criminal Law and Criminal Procedure Law. The translation is accompanied by a comprehensive introduction to the Chinese criminal justice system, its evolution and development.

Area Handbook For The People S Republic Of China

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Author : Donald P. Whitaker
language : en
Publisher:
Release Date : 1972

Area Handbook For The People S Republic Of China written by Donald P. Whitaker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with China categories.

Public Health Crisis Management And Criminal Liability Of Governments

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Author : Michael Bohlander
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-15

Public Health Crisis Management And Criminal Liability Of Governments written by Michael Bohlander and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.

This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice.

Criminal Justice In Post Mao China

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Author : Shao-chuan Len
language : en
Publisher: State University of New York Press
Release Date : 1985-06-30

Criminal Justice In Post Mao China written by Shao-chuan Len and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-06-30 with Political Science categories.

The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law—the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system—such as the court, the procuracy, lawyers, and criminal procedure—and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.