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 Punishment in Contemporary China written by Enshen Li and published by Routledge. This book was released on 2018-06-28 with total page 270 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. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.
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 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 759 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 242 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 273 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.
Download or read book Conservation and Recreation in Protected Areas written by Yun Ma and published by Routledge. This book was released on 2016-05-12 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.
Download or read book The Beijing Consensus written by Weitseng Chen and published by Cambridge University Press. This book was released on 2017-04-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays exploring whether a distinctive Chinese model for law and economic development exists.
Download or read book Good Governance in Economic Development written by Sarah Biddulph and published by UBC Press. This book was released on 2019-10-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, isolationism and protectionism are on the rise, and resurgent authoritarian nations are reasserting the centrality of the sovereign state. And with China’s influence around the world intensifying, the dynamic interrelationship of the national and supranational in shaping norms of good governance has become increasingly relevant. Good Governance in Economic Development critically examines the ways in which transparency and accountability mechanisms are incorporated or reflected in international trade, finance, and investment regimes. It also explores the Chinese state’s engagement with these norms, shedding new light not only on how the principles of transparency, accountability, and public participation are applied within China, but also on the ability of China to affect international rules. Through close analysis of how norms are adapted locally, the contributors offer insights into the global and national implications of international good governance rules.
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 Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.
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 Authoritarian Legality in Asia written by Weitseng Chen and published by Cambridge University Press. This book was released on 2020-07-16 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
Download or read book Communicating COVID 19 written by Monique Lewis and published by Springer Nature. This book was released on 2024-01-03 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection, follows on from 'Communicating COVID-19: Interdisciplinary Perspectives' (2021) and brings together different scholars from around the world to explore and critique the ongoing advances of communicating COVID, two years into the pandemic. Pandemic life has become familiar to us, with all its disruptions and uncertainties. In the second year of COVID, many societies emerged well attuned to new waves of infections, while others, having initially demonstrated 'gold standard' responses, regressed, either through a premature end to public health restrictions or challenges around vaccine rollouts. In many countries, bitter social divisions have arisen over mask-wearing, lockdowns, quarantine and vaccination. To better understand the ever evolving communicative landscape of COVID-19, this collection shares updated perspectives from the disciplines of media and communication, journalism, public health and primary care, sociology, and political and behavioural science, addressing the major issues that have confronted communicators, including vaccine hesitancy, misinformation, and the mobilisation of community driven communication responses as restrictions eased in various parts of the world.
