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Book The Criminal Process in the People s Republic of China  1949 1963

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 Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes.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.

Book One Country Two Systems

Download or read book One Country Two Systems written by Siu-wah Wong (Benny) and published by . This book was released on 1996 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book One Country  Two Systems

    Book Details:
  • Author : Kam C. Wong
  • Publisher : Routledge
  • Release : 2017-07-28
  • ISBN : 1351501690
  • Pages : 202 pages

Download or read book One Country Two Systems written by Kam C. Wong and published by Routledge. This book was released on 2017-07-28 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal issues evoked by cross-border crime in Hong Kong and China are sparse and what does exist is mostly in Chinese. This book provides the first systematic, comprehensive, and in-depth analysis of how Chinese, British, Hong Kong, and international law were applied in the Big Spender case. Kam C. Wong outlines the respective positions of various parties to the dispute. Part of the case's fascination involves competing interests, and that political clout counted for more than legal theory.Big Spender may be little known outside Hong Kong and China, but he made history there. It was the first time a Hong Kong legal resident had been prosecuted, tried, and ultimately executed in China for acts largely perpetrated in Hong Kong. The case tested the limits of the one-country, two-systems approach under which Hong Kong and China coexist. It also forced politicians, government officials, and the public in both Hong Kong and China to come to terms with the legal and policy issues related to cross-border crime.Wong sees the Big Spender case as making clear the dire need for both sides to find workable solutions to concurrent jurisdiction, police cooperation, and judicial assistance. Until there is an acceptable arrangement governing the rendition of offenders between Hong Kong and mainland China, the one- country, two-systems formula cannot be stabilized. This is a case study in large-scale terms.

Book Criminal Justice in Hong Kong

Download or read book Criminal Justice in Hong Kong written by Carol Jones and published by Taylor & Francis. This book was released on 2017-09-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing a wealth of archival material and statistical data on crime and criminal justice, Criminal Justice in Hong Kong presents a detailed evaluation of Hong Kong’s criminal justice system, both past and present. Exploring the justice system and the perceptions of popular culture, this book demonstrates how the current criminal justice system has been influenced and shaped over time by Hong Kong’s historical position between ‘East’ and ‘West’. Jones and Vagg’s examination of the justice system not only takes into account geographical changes, like the erection of the border with communist China in 1950 but also insists that any deep understanding of the current system requires a dialogue with the rich and complex narratives of Hong Kong’s history. It explores a range of questions, including: How were Hong Kong's criminal justice institutions and practices formed? What has been its experience of law and order? How has Hong Kong's status as between 'East' and 'West' affected its social, political and legal institutions? Careful and detailed, this analysis of one of the most economically successful, politically stable and safe yet frequently misrepresented cities, is a valuable addition to the bookshelves of all undergraduate and postgraduate students studying Asian law.

Book Policing in Hong Kong

    Book Details:
  • Author : Kam C. Wong
  • Publisher : Taylor & Francis
  • Release : 2015-03-06
  • ISBN : 1040082386
  • Pages : 340 pages

Download or read book Policing in Hong Kong written by Kam C. Wong and published by Taylor & Francis. This book was released on 2015-03-06 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The HKP (Hong Kong Police),Asia‘s Finest is a battle-tested professional organization with strong leadership, competent staff, and deep culture. It is also a continuously learning and reforming agency in pursuit of organisational excellence. Policing in Hong Kong: History and Reform is the first and only book on the development of the Hong Kong

Book Chinese Policing

Download or read book Chinese Policing written by Kam C. Wong and published by Peter Lang. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book documents a systematic investigation into various aspects of policing in the People's Republic of China, including its scholarship, idea, origin, history, education, culture, reform, and theory. It approaches the study of Chinese policing from an indigenous perspective, informed by local empirical data. In proposing an innovative theory of community policing entitled «Police Power as a Social Resource Theory», the book seeks to look at crime as a personal problem, and police as a social resource, from the perspective of the people and not the state.

Book China s Legal Awakening

    Book Details:
  • Author : Carlos Wing-hung Lo
  • Publisher : Hong Kong University Press
  • Release : 1995-07-01
  • ISBN : 9622093809
  • Pages : 401 pages

Download or read book China s Legal Awakening written by Carlos Wing-hung Lo and published by Hong Kong University Press. This book was released on 1995-07-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of nihilistic rule under Mao Zedong, can legal order be restored in China? How successful is Deng Xiaoping's initiative in developing a socialist legal system? Where is China on its road to the 'rule of law'? This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents.

Book Criminal Justice in Hong Kong

    Book Details:
  • Author : JONES CAROL
  • Publisher : Routledge
  • Release : 2006-11
  • ISBN : 9781845680749
  • Pages : 550 pages

Download or read book Criminal Justice in Hong Kong written by JONES CAROL and published by Routledge. This book was released on 2006-11 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how, until the erection of the border with Communist China in 1950, people in Hong Kong and China moved freely between the two systems. This work also highlights that the configuration and development of Hong Kong's criminal justice institutions must also be understood in relation to this 'China factor'.

Book Crime and Justice in Hong Kong

Download or read book Crime and Justice in Hong Kong written by Harold Traver and published by . This book was released on 1991 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Understanding Criminal Justice in Hong Kong

Download or read book Understanding Criminal Justice in Hong Kong written by Eric Wing Hong Chui and published by Taylor & Francis. This book was released on 2016-09-13 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years law, crime and justice have become increasingly politicised in Hong Kong. Understanding Criminal Justice in Hong Kong, 2nd Edition offers a detailed and comprehensive overview of and introduction to the criminal justice system in Hong Kong, building upon recent events and controversies. This book provides a much-needed overview of the criminal justice system in Hong Kong, including new chapters on criminological research methods, defining crime, fear of crime, the criminal court system, police power and discretion, and plea bargaining. This revised and expanded second edition: Outlines the basic concepts of criminal law in Hong Kong, Analyses the process of the criminal justice system, ranging from the reporting of a crime through to the correctional system, Examines how criminal justice personnel work in practice, and how they deal with the offenders and victims during the criminal justice process, Invites readers to consider arguments and debates that surround the controversial issues in the Hong Kong criminal justice system. This book is a comprehensive resource for students studying this subject as part of a wider course in criminal justice, police studies, law or social work, and for practitioners working in Hong Kong in the police, prisons, probation, voluntary agencies and other criminal justice personnel. Text features include review questions, lists of cases cited, and useful websites.

Book Criminal Justice in China

    Book Details:
  • Author : Klaus Mu_hlhahn
  • Publisher : Harvard University Press
  • Release : 2009-04-30
  • ISBN : 9780674054332
  • Pages : 378 pages

Download or read book Criminal Justice in China written by Klaus Mu_hlhahn and published by Harvard University Press. This book was released on 2009-04-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

Book The Common Law System in Chinese Context

Download or read book The Common Law System in Chinese Context written by Berry Fong-Chung Hau and published by Routledge. This book was released on 2019-07-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.

Book Constitutional Law and Human Rights in Hong Kong   A Sourcebook

Download or read book Constitutional Law and Human Rights in Hong Kong A Sourcebook written by Guobin Zhu and published by City University of HK Press. This book was released on 2021-07-01 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The context in which constitutional laws and human rights instruments are read is ever-changing, and this is particularly true for the Hong Kong Special Administrative Region. To understand the application of both national and local legislation and internationally recognized covenants, it is essential to be well acquainted with the documents themselves. Constitutional Law and Human Rights in Hong Kong—A Sourcebook is a one-stop resource for teaching, learning, and researching constitutional law and human rights in Hong Kong. As a handbook of teaching materials suitable for undergraduate and postgraduate studies, it is an indispensable tool for courses such as Hong Kong Constitutional Law, Basic Law, Public Law of Hong Kong, The Law of Human Rights of Hong Kong, International Human Rights Law, International Criminal Law, International Labour Law, Law and Gender, International Environmental Law, Business and Human Rights, and Discrimination Law. Moreover, it is equally useful for teaching and research in the fields of political science, business, and other social sciences. • Up-to-date legislation • Condensed into a single volume • An essential teaching and reference guide • Applicable across multiple legal fields

Book Introduction to the Hong Kong Criminal Justice System

Download or read book Introduction to the Hong Kong Criminal Justice System written by Mark S. Gaylord and published by Hong Kong University Press. This book was released on 1994-06-01 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a full-length study of the agencies charged with the control and management of crime in Hong Kong during the final years of British rule. Discussing agencies such as the Independent Commission Against Corruption, the Judiciary and the Royal Hong Kong Police Force this book provides a solid introduction to the current criminal justice system and a sound basis for comparative analysis of possible legal and organizational innovations within the post-1997 Hong Kong criminal justice system.

Book Criminal Justice in Post Mao China

Download or read book Criminal Justice in Post Mao China written by Shao-chuan Leng and published by SUNY 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.

Book Implementation of Law in the People s Republic of China

Download or read book Implementation of Law in the People s Republic of China written by Jianfu Chen and published by BRILL. This book was released on 2021-08-04 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.