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 567 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 Legal Reform and Administrative Detention Powers in China written by Sarah Biddulph and published by Cambridge University Press. This book was released on 2007-12-20 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.
Download or read book Law and Political Economy in China written by Tamar Groswald Ozery and published by Cambridge University Press. This book was released on 2023-06-30 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying a novel theoretical approach, Tamar Groswald Ozery combines law and political economy to deconstruct the role of law in China's market development since 1978. The book examines how economic and administrative powers within China's Party-state system have been legally and politically configured throughout China's growth process. Using a vast range of primary sources, Ozery illuminates how the law acts as a mediating institution that translates and gives shape to the relations between politics and economics. Using the evolution of public firms and corporate governance as a case study, Ozery illustrates the complex relationships between law, politics, and economic development, and sheds new light on the possible varieties of growth-supporting governance institutions in firms. By studying China's distinct market experience through the lens of law and political economy, Ozery offers a significant contribution to development studies, comparative corporate governance, and interdisciplinary discussions about China as a growth model.
Download or read book Brief Introduction to the Procuratorial System in China written by Meijun Ji and published by Springer Nature. This book was released on 2022-02-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on empirical research, this book comprehensively and thoroughly expounds the procuratorial system of socialism with Chinese characteristics and focuses on the organization, functions and powers, the system of prosecutors and the reform of the procuratorial system in China. It deeply analyzes the characteristics and reasons of the procuratorial system in China and not only discusses the dynamic process of the various kinds of procuratorial power in practice but also analyzes the common trend of the reform of the system of prosecution service in the world under the background of the globalization of judicial reform, especially those hot topics of the procuratorial reform in recent years, such as the reform of judicial responsibility, the reform of internal organization, the reform of quota control of prosecutors, the lenient system of accepting confession and punishment, the system of litigation of public interest and so on.In addition, with considering and studying the historical process and practice of the procuratorial system in China for more than 20 years, the author puts forward lots of unique ideas and proposals to reform and perfect the current procuratorial system and the procuratorial work mechanism in China. The book comprehensively discusses the historical origin, development process, current situation, reform and the direction of future development of the procuratorial system in China.
Download or read book Law Wealth and Power in China written by John Garrick and published by Routledge. This book was released on 2010-10-04 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law reforms of contemporary China in light of the Party-state’s ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China’s economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents analytical perspectives of new work, or new lines of thinking about the new wealth, power and law reforms of China. As such, critical boundaries are explored between legal and financial reforms and what these reforms signify about deeper ideological, economic, social and cultural transformations in China. The book concludes by asking whether there is a ‘China model’ of development which will produce a unique variety of capitalism and indigenous variant of rule of law, and examining the ‘winners and losers’ in the transition from a centrally planned economy to a market economy. Law, Wealth and Power in China will be of interest to students and academics of comparative law, Asian law, Chinese economics and politics, Chinese Studies, as well as professionals in investment banking, finance and government.
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 189 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 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 China s Socialist Rule of Law Reforms Under Xi Jinping written by John Garrick and published by Routledge. This book was released on 2016-01-29 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.
Download or read book Reform and Development in China written by Yang Yao and published by Routledge. This book was released on 2010-09-13 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1978 and 2006, GDP growth in China maintained an annual average rate of 9.7%, meaning the Chinese economy increased by more than twelve times. This was achieved with quite unorthodox approaches to reform and development as China has adopted a gradualist approach to adopting key institutions, as well as modifying and experimenting with traditional recipes for economic growth. This collection brings together key researchers in the field from Asia, US, Europe and Australia to discuss how China has managed to push forward reforms in the face of political resistance, how the Chinese economy has maintained growth within an imperfect institutionalist environment and how the Chinese government remains effective when it relinquishes its power to the market. Specific emphasis is paid to the relevance of China’s experiences to other developing countries. This valuable contribution to the study of China’s economy covers a wide range of topics, including the historical foundations of the 30 years of reform, law and development in China, foreign direct investment, poverty reduction, market integration, income distribution, social protection, as well as demographics and population. Reform and Development in China finds both unique elements to the Chinese experience and elements which can be applied to other developing countries. In particular, China’s gradualism in economic reform, strong leadership, and emphasis on inclusive development are singled out to be potentially transferable to other developing countries. This collection will be of interest to postgraduate students and researchers as well as practitioners in development economics.
Download or read book Chinese Military Reform in the Age of Xi Jinping Drivers Challenges and Implications written by Joel Wuthnow and published by Government Printing Office. This book was released on with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's People's Liberation Army (PLA) has embarked on its most wide-ranging and ambitious restructuring since 1949, including major changes to most of its key organizations. The restructuring reflects the desire to strengthen PLA joint operation capabilities- on land, sea, in the air, and in the space and cyber domains. The reforms could result in a more adept joint warfighting force, though the PLA will continue to face a number of key hurdles to effective joint operations, Several potential actions would indicate that the PLA is overcoming obstacles to a stronger joint operations capability. The reforms are also intended to increase Chairman Xi Jinping's control over the PLA and to reinvigorate Chinese Communist Party (CCP) organs within the military. Xi Jinping's ability to push through reforms indicates that he has more authority over the PLA than his recent predecessors. The restructuring could create new opportunities for U.S.-China military contacts.
Download or read book Law and Society in East Asia written by Christoph Antons and published by Routledge. This book was released on 2017-07-05 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.
Download or read book Understanding China s Political System written by Susan Lawrence and published by Createspace Independent Publishing Platform. This book was released on 2012-05-10 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is designed to provide Congress with a perspective on the contemporary political system of China, the only Communist Party-led authoritarian state in the G-20 grouping of major economies. China's Communist Party dominates state and society in China, is committed to maintaining a permanent monopoly on power, and is intolerant of those who question its right to rule. Nonetheless, analysts consider China's political system to be neither monolithic nor rigidly hierarchical. Jockeying among leaders and institutions representing different sets of interests is common at every level of the system.
Download or read book A Chinese Theory of International Law written by Zhipeng He and published by Springer Nature. This book was released on 2020-03-14 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.
Download or read book Negotiation in Decentralization written by Ming Yang and published by Springer Science & Business Media. This book was released on 2012-05-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese government set a target to reduce China’s carbon intensity by 40%-45% in 2020 at its 2005 level. To achieve this target, the government has allocated targets to provinces, cities, and large enterprises, and selected five pilot provinces and eight cities for CO2 emission trading. Such emission trading process will involve decentralization, optimization, and negotiation. The prime objective of this book is to perform academic research on simulating the negotiation process. Through this research, a methodological framework and its implementation are set up to analyze, model and facilitate the process of negotiation among central government and individual energy producers under environmental, economical and social constraints. Negotiation In Decentralization: Case Study Of China's Carbon Trading In The Power Sector discusses research carried out on negotiation issues in China regarding Chinese power sector reform over the past 30 years. Results show that conflicts exist between power groups and the national government, and that the most current negotiation topics in China's power industry are demand and supply management, capital investment, energy prices, and CO2 emission mitigations. Negotiation In Decentralization: Case Study Of China's Carbon Trading In The Power Sector is written for government policy makers, energy and environment industry investors, energy program and project managers, environment conservation specialists, university professors, researchers, and graduate students. It aims to provide a methodology and a tool that can resolve difficult negotiation issues and change a loss-loss situation to a win-win situation for key players in a decentralized system, including government policymakers, energy producers, and environment conservationists.
Download or read book Tax Administration Reform in China written by John Brondolo and published by International Monetary Fund. This book was released on 2016-03-17 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax administration improvements have contributed significantly to a doubling of China’s tax-to-GDP ratio and the substantial reduction in taxpayers’ compliance costs since the mid-1990s. This paper describes the key features of China’s tax administration and their evolution over the last 20 years. It also identifes emerging challenges to the tax system and areas where further tax administration improvements are needed to sustain tax revenue and reduce taxpayers’ compliance costs in the future.
Download or read book International Law and Developing Countries written by Sharif Bhuiyan and published by Martinus Nijhoff Publishers. This book was released on 2014-02-06 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Kamal Hossain’s lifelong and significant contribution to the development of international law and the cause of developing countries. It brings together an interview with Hossain by the editors, and thirteen essays written in his honour by scholars representing a wide spectrum of expertise in international law. The interview provides an introduction to the rich and varied life of a statesman, a drafter of his country’s constitution, and an acclaimed constitutional and international lawyer. The subjects covered in the essays include the new international economic order (NIEO), human rights, counter-terrorism, climate change, oil and gas law, arbitration, law of the sea, international trade law and judicial reform. These essays offer important perspectives on the issues addressed.
Download or read book To Govern China written by Vivienne Shue and published by Cambridge University Press. This book was released on 2017-10-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: How, practically speaking, is the Chinese polity - as immense and fissured as it has now become - actually being governed today? Some analysts highlight signs of 'progress' in the direction of more liberal, open, and responsive rule. Others dwell instead on the many remaining 'obstacles' to a hoped-for democratic transition. Drawing together cutting-edge research from an international panel of experts, this volume argues that both those approaches rest upon too starkly drawn distinctions between democratic and non-democratic 'regime types', and concentrate too narrowly on institutions as opposed to practices. The prevailing analytical focus on adaptive and resilient authoritarianism - a neo-institutionalist concept - fails to capture what are often cross-cutting currents in ongoing processes of political change. Illuminating a vibrant repertoire of power practices employed in governing China today, these authors advance instead a more fluid, open-ended conceptual approach that privileges nimbleness, mutability, and receptivity to institutional and procedural invention and evolution.
