Download or read book Chinese Courts and Criminal Procedure written by Björn Ahl and published by Cambridge University Press. This book was released on 2021-07-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.
Download or read book Courts and Criminal Justice in Contemporary China written by Susan Trevaskes and published by Lexington Books. This book was released on 2007 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers 'law on display' in Chinese courts. As the first sustained study of criminal trials, rallies, and campaigns in Chinese courts, it offers an account of how law and punishment is constructed and represented both in practice and in rhetoric.
Download or read book Criminal Court Procedures in the Chinese People s Republic written by Vladimir Evgene̕vich Chugonov and published by . This book was released on 1961 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Chinese Criminal Procedure written by liling Yue and published by . This book was released on 2021 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book presents a short history and timeline of criminal procedure legislation in China. It first discusses the status of Human Rights Conventions and challenges resulting from human rights standards for Chinese criminal procedural law and practice. It moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPC and the Supreme People's Court. The book covers relevant actors in the Chinese Criminal Justice System (judges, prosecutors, police, defence councils) as well as the relationships between them. Actors include crime victims and their role in criminal proceedings. Starting with pre-trial investigation proceedings (extending in particular to coercive measures and discretionary powers of police and prosecutors in the implementation of non-prosecution policies) the book then proceeds with basic principles of the criminal trial, standards of evidence and rules related to conviction and sentencing. Appeal proceedings and the issue of reopening criminal proceedings are also considered. The book finally concludes with questions of enforcement of criminal sentences."--
Download or read book Criminal Justice in China written by Mike McConville and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: .Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'
Download or read book International Human Rights Law and the Advancement of the Right to a Fair Trial in China written by DENG Hua and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-08-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reform and Development of Powers and Functions of China s Criminal Proceedings written by Weidong Chen and published by Springer Nature. This book was released on 2020-10-15 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Opening to Reform written by Jonathan Hecht and published by . This book was released on 1996 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Criminal Process in the People s Republic of China 1949 1963 written by Jerome Alan Cohen and published by Harvard University Press. This book was released on 1968 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminal Justice with Chinese Characteristics written by Timothy A. Gelatt and published by . This book was released on 1993 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Justice in Post Mao China written by Shao-chuan Len and published by State University of New York Press. This book was released on 1985-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book written by China and published by . This book was released on 1936 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judicial System and Reform in Post Mao China written by Yuwen Li and published by Routledge. This book was released on 2016-03-03 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminal Law in China written by Shizhou Wang and published by Kluwer Law International B.V.. This book was released on 2017-11-20 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Download or read book China Courts Criminal Law and Criminal Procedure Law written by U. C. Jha and published by Vij Books. This book was released on 2023-08-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the Chinese Criminal Justice System, which includes courts, criminal law, criminal procedures, and various other actors as well as the relationship between them. The criminal justice system in China is marred with irregularities and discrimination. Despite broadcasting legal reforms in its criminal justice delivery system in the last 10-15 years, legal institutions and actors in China remain bound by the party-state. China remains a repressive regime that has punished a large number of human rights defenders and criminal lawyers. In China, whenever there is a conflict between politics and law, politics prevails. This has been evident in several cases in the past two decades. This systematic limitation poses a serious challenge to building an independent judiciary, especially in high-profile cases when the court faces tremendous pressure from different government branches, the victim's family, and the public in general. Chinese society places strong emphasis on personal relationships; therefore, corruption is a common concern in many criminal trials. In order to bring reforms in the criminal justice system in line with international standards, China faces many challenges. Most of the laws relating to criminal justice have been revised in the recent past. This book contains a copy of the following laws of the People's Republic of China: The Criminal Law, 2020; The Criminal Procedure Law, 2018; The Procurators Law, 2019; The Lawyers Law, 2017; The Judges Law, 2019, and The Law on Administrative Penalty, 2021. Everyone concerned with the international criminal legal system, not just academics and lawyers, should read this book.
Download or read book China s Criminal Justice System and the Trial of Pro democracy Dissidents written by Hungdah Chiu and published by Maryland Series in Contemporary Asian Studies. This book was released on 1992 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Exclusionary Rule of Evidence written by Kuo-hsing Hsieh and published by Routledge. This book was released on 2016-03-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.
