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 Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes.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

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:

Book Criminal Court Procedures in the Chinese People s Republic

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:

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 1985-01-01 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 Report of the Select Committee on U S  National Security and Military Commercial Concerns with the People s Republic of China

Download or read book Report of the Select Committee on U S National Security and Military Commercial Concerns with the People s Republic of China written by United States. Congress. House. Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China and published by . This book was released on 1999 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transmittal letter.

Book Criminal Law in China

    Book Details:
  • Author : Shizhou Wang
  • Publisher : Kluwer Law International B.V.
  • Release : 2017-11-20
  • ISBN : 9041195289
  • Pages : 260 pages

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.

Book Selected Cases from the Supreme People   s Court of the People   s Republic of China

Download or read book Selected Cases from the Supreme People s Court of the People s Republic of China written by Law Press China for and published by Springer. This book was released on 2020-11-26 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Council/Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), “Hot Cases” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opted to publish “Selected Cases from the Supreme People’s Court of the People’s Republic of China” in both Chinese and English, for domestic and overseas distribution.

Book The Criminal Process in the People s Republic of China

Download or read book The Criminal Process in the People s Republic of China written by Jerome Alan Cohen and published by . This book was released on 1966* with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Realist Perspective on China and the International Criminal Court

Download or read book A Realist Perspective on China and the International Criminal Court written by XIAO Jingren and published by Torkel Opsahl Academic EPublisher. This book was released on 2013-07-17 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Amended Criminal Procedure Law and the Criminal Court Rules of the People s Republic of China

Download or read book The Amended Criminal Procedure Law and the Criminal Court Rules of the People s Republic of China written by China and published by William s Hein & Company. This book was released on 2000-01-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on his training in both Chinese and American law,Luo cuts through the rhetoric surrounding China's amendedCriminal Procedure Law and focuses attention on the lawitself.

Book

    Book Details:
  • Author : China
  • Publisher :
  • Release : 1984
  • ISBN :
  • Pages : 312 pages

Download or read book written by China and published by . This book was released on 1984 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Making of Chinese Criminal Law

Download or read book The Making of Chinese Criminal Law written by Ying Ji and published by Routledge. This book was released on 2021-03-08 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.

Book

    Book Details:
  • Author : China
  • Publisher :
  • Release : 1998-01-01
  • ISBN : 9780942511819
  • Pages : 185 pages

Download or read book written by China and published by . This book was released on 1998-01-01 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Structure of Criminal Procedure

Download or read book The Structure of Criminal Procedure written by Barton L. Ingraham and published by Praeger. This book was released on 1987-05-21 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process. Criminal Justice Abstracts The Structure of Criminal Procedure presents, for the first time ever, a detailed comparison of the criminal procedures of four major nations--France, the United States, China, and the Soviet Union. In addition, the author also develops his theory on the Morphology of Criminal Procedure which hypothesizes that there is a common structure in every modern procedural system no matter how different it may appear on the surface. He stresses six basic functions inherent in all systems--arrest and trial, detention, screening, charging and defending, trial, sanctioning, and appeal--and he successively analyzes each of them in depth. Practical ways to apply his model are provided along with encouragement for others to engage in new comparative studies, or studies of individual systems, in order to clarify the ways in which the practical demands of society, the legal profession, and legal institutions interact with the functional needs of the system to produce new ways of procedure or new ways of using old procedures.