Download or read book Legal Reforms and Deprivation of Liberty in Contemporary China written by Elisa Nesossi and published by Routledge. This book was released on 2016-06-03 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.
Download or read book Modern Chinese Legal Reform written by Xiaobing Li and published by University Press of Kentucky. This book was released on 2013-02-15 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.
Download or read book Modern Chinese Legal Reform written by Qiang Fang and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret
Download or read book Law and the Party in China written by Rogier J. E. H. Creemers and published by Cambridge University Press. This book was released on 2021-01-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.
Download or read book China s Legal Reforms and Their Political Limits written by Ingrid Hooghe and published by Routledge. This book was released on 2012-12-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.
Download or read book China s Journey Toward the Rule of Law written by Cai Dingjian and published by BRILL. This book was released on 2010 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.
Download or read book China s Legal Reform written by Keyuan Zou and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.
Download or read book China s Legal Reforms written by Stanley B. Lubman and published by Oxford University Press, USA. This book was released on 1996 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1980s, the People's Republic of China has been building legal institutions where no meaningful ones had existed before. This collection of essays by leading international scholars of Chinese law analyses the accomplishments of Chinese law reform and the problems that confrontthe Chinese leadership and the Chinese people in their struggle to define the role of law in China. Chinese economic reforms have led to a dramatic rate of economic growth, and have also made China the world's leader in attracting foreign capital. A sound legal system is not only essential forcontinued economic growth and foreign investment, but its future development will express and reflect the evolution of China's post-totalitarian political institutions.These essays focus on the changing Chinese conceptions of the role of law in shaping family relationships; the effectiveness of the courts in civil litigation; the operation of the criminal process; judicial decision-making; the evolution of a legislative process; the growth of a legal profession;the legal framework of foreign direct investment in China; and China's record as a member of the international community. An overview by the editor identifies the emerging functions performed in Chinese society by the new legal institutions and tries to analyse likely major influences on them in thenear future, including, among other contradictory forces, increased consciousness of individual rights and a tenacious insistence by the Chinese Communist Party on maintaining its power.
Download or read book The Politics of Law and Stability in China written by Susan Trevaskes and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Party's (CCP) rationales for social stability on legal reforms, criminal justice operations and handling of disputes and social unrest inside and outside China's justice agencies. The book presents an extensive investigation into the conceptual and empirical approaches by the Party-state to the management of Chinese citizen complaint and unrest. It explores how the Party-state responds to what it sees as potentially de-stabilizing social action such as public protest, discord, deviance and criminal behaviour. This timely and important study reaches across a broad variety of areas within the legal sphere, including substantive criminal law and criminal procedure law reform, labour law, environment and land disputes, policing and surveillance, and anti-corruption drives. The central thread running through all the chapters concerns how the imperative of social stability has underpinned key Party-state approaches to social management and responses to crime, legal disputes and social unrest across the last decade in China. This book will appeal to lawyers, political science scholars and social scientists in the area of China studies. Scholars generally interested in Chinese criminal law and criminal law procedures will also find much in this book that will be of interest to them.
Download or read book Punishment in Contemporary China written by Enshen Li and published by Routledge. This book was released on 2018-06-28 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.
Download or read book Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice written by Elisa Nesossi and published by BRILL. This book was released on 2018-09-04 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China
Download or read book Sovereign Power and the Law in China written by Flora Sapio and published by BRILL. This book was released on 2010 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses under-researched institutions and practices in China's criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order.
Download or read book Handbook on Human Rights in China written by Sarah Biddulph and published by Edward Elgar Publishing. This book was released on 2019 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.
Download or read book The Power of the Supreme People s Court written by Ding Qi and published by Routledge. This book was released on 2019-08-09 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.
Download or read book China s Insolvency Law and Interregional Cooperation written by Xinyi Gong and published by Routledge. This book was released on 2017-11-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
Download or read book Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements written by Brian Christopher Jones and published by Taylor & Francis. This book was released on 2017-03-27 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.
Download or read book The Construction of Guilt in China written by Yu Mou and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.
