The Judiciary In Post Cultural Revolution China
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The Judiciary In Post Cultural Revolution China
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Author : Hungdah Chiu
language : en
Publisher:
Release Date : 1976*
The Judiciary In Post Cultural Revolution China 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 1976* with Justice, Administration of categories.
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.
Bird In A Cage
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Author : Stanley B. Lubman
language : en
Publisher: Stanford University Press
Release Date : 1999
Bird In A Cage written by Stanley B. Lubman 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 1999 with Law categories.
This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.
Victims Perpetrators And The Role Of Law In Maoist China
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Author : Daniel Leese
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2018-06-25
Victims Perpetrators And The Role Of Law In Maoist China written by Daniel Leese and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with History categories.
The relationship between politics and law in the early People’s Republic of China was highly contentious. Periods of intentionally excessive campaign justice intersected with attempts to carve out professional standards of adjudication and to offer retroactive justice for those deemed to have been unjustly persecuted. How were victims and perpetrators defined and dealt with during different stages of the Maoist era and beyond? How was law practiced, understood, and contested in local contexts? This volume adopts a case study approach to shed light on these complex questions. By way of a close reading of original case files from the grassroots level, the contributors detail procedures and question long-held assumptions, not least about the Cultural Revolution as a period of “lawlessness.”
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 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.
Judging Revolution
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Author : Glenn Douglas Tiffert
language : en
Publisher:
Release Date : 2015
Judging Revolution written by Glenn Douglas Tiffert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The impact of the PRC legal system on the world is swelling, yet our grasp of its history and path dependencies rests on weak empirical foundations, a thin source base, and outmoded claims that distort our understandings of its past, present, and future. This dissertation tackles those deficiencies on two levels: first, by filling major knowledge gaps and dispelling chronic misperceptions about the birth of the PRC judicial system and, second, by reframing in time and space the 1949 revolution and China’s twentieth-century engagements with modernity. Specifically, the dissertation reinterprets the 1949 revolution by theorizing it not as an a priori rupture, but rather as an engine for recursively producing and negotiating difference. The dissertation unearths forgotten elements from China’s legal past and configures them in provocative ways to blast holes in the layered compartmentalizations that have structured the historiography of modern China, namely its temporal segmentation into Republican, Mao, and post-Mao periods, and the spatial and ideological cleavages that have sundered the Nationalist regime from the CCP’s coeval revolutionary base areas. In short, the dissertation aims to redefine the Republican-PRC transition, and firmly restore the PRC to Chinese historical time. Section One establishes an empirical baseline for assessing the revolution by mapping the condition of the Nationalist judicial system as it approached 1949. Section Two conducts a similar inquiry into the CCP’s Shaanganning border region and North China liberated area. It dispels the myth of an autochthonous CCP legal tradition by showing that the legal systems of these iconic base areas developed in deep dialogue with Nationalist China, and that this contact actually drove much of the dynamism in pre-1949 CCP legal policy and practice. The PRC judicial system therefore bore a congenital Republican imprint, not just from the institutions and personnel inherited from the ancien régime, but also more profoundly from the accumulated network effects of more than a decade of prior CCP engagement with Nationalist law. Reconceptualizing the PRC as an heir to Republican judicial modernization rather than as its antithesis empowers the dissertation to break new ground in the histories of signature practices such as people’s mediation, and on topics such as the rule of law and judicial independence. Section Three carries this framework into 1949 and beyond. Through a micro-history of the Beijing Municipal People’s Court, it not only supplies the first scholarly account of the CCP takeover and reconstruction of a major Nationalist state organ, but also shows the tortuous emergence of a new judicial system in unprecedented empirical detail. This tears the mask off of the monolithic CCP, and reveals the politics, tensions, and inconstancy that roiled inside. It exposes how, in the domain of law, the CCP bore multiple, competing visions of the revolution simultaneously, and as the balance of forces in the surrounding environment shifted, different equilibriums among these visions emerged, tracing a convoluted, sometimes violent course that reaches the present day. Time and again, the CCP has tapped this reservoir of legal diversity for adaptive solutions to political imperatives, which have then fed back into their surroundings iteratively. Reading that history as a dynamical system lends coherence to a series of otherwise serpentine fluctuations, most notably the stunning speed with which suppressed policies, and the persecuted people who once promoted them, resurfaced to jumpstart legal reconstruction after Mao’s death and the end of the Cultural Revolution. In this way, the dissertation decisively reframes our understanding of the present. Today, observers of Chinese legal reform often speak as if the PRC’s engagement with ideas such as constitutionalism, judicial independence, and human rights stretches back no more than a generation and takes it cues predominantly from the West. This impact-response paradigm has a long record in Chinese Studies and, insofar as it infantilizes the PRC, it distorts our grasp of a much more complex and protracted series of exchanges. To refute it, the dissertation historicizes post-Mao legal modernity by tying it directly to the founding decade of the PRC, and indeed still further back into the Republican era. This establishes a more balanced, alternate genealogy for current legal reform that better accounts for its distinctive trajectory and significations, and its vexing aberrations from international “best practices.”
The Communist Judicial System In China 1927 1976
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Author : Qiang Fang
language : en
Publisher: Amsterdam University Press
Release Date : 2021-02-25
The Communist Judicial System In China 1927 1976 written by Qiang Fang and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
Drawing on hundreds of newly released judicial archives and court cases, this book analyzes the communist judicial system in China from its founding period to the death of Mao Zedong. It argues that the communist judicial system was built when the CCP was engaged in a life-or-death struggle with the GMD, meaning that the overriding aim of the judicial system was, from the outset, to safeguard the Party against both internal and external adversaries. This fundamental insecurity and perennial fear of loss of power obsessed the Party throughout the era of Mao and beyond, prompting it to launch numerous political campaigns, which forced communist judicial cadres to choose between upholding basic legal norms and maintaining Party order. In doing all of this, The Communist Judicial System in China, 1927-1976: Building on Fear fills a major lacuna in our understanding of communist-era China.
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 reshapes our understanding of the economic, political, and legal changes in China since 1978 within the global context and is crucial reading for scholars of Asia, law, criminology, and sociology.
Chinese Courts
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Author : 信春鹰
language : en
Publisher:
Release Date : 2004
Chinese Courts written by 信春鹰 and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Courts categories.