Download or read book International Human Rights Law and the Advancement of the Right to a Fair Trial in China written by DENG Hua and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-08-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of International Human Rights Law in the Professionalization of Public Administration written by SUN Yi and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China and International Human Rights written by Na Jiang and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.
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 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:
Download or read book A Critique of Human Rights Protection for Suspects in the Chinese Criminal Justice System written by Yanbin Lü and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents a critical analysis of the current human rights protection for suspects in the criminal justice system of China, evaluating them from the view of international human rights law and practice, in particular, the International Covenant on Civil and Political Rights(ICCPR) and European Convention of Human Rights(ECHR). The theme that runs through the paper is whether the right to fair trial is practically and adequately available to the suspect in China according to the established international standards. The hypothesis is that by addressing the distance between the Chinese system and international standards on the issue of human rights protection for suspects in the pre-trail criminal procedure, and the causes for this distance, the direction of further reform for criminal justice system will become clearer and more practical. The ultimate purpose of this paper is to consider how to handle the relationship between crime control and human rights protection, when the crime rates in China have generally been rising along with the high-speed economic development in recent years. Before outlining the performance of China, this paper considers the current understanding and interpretation of the relevant standards in ICCPR and ECHR. Extensive consideration is then given to weigh criminal procedure law and its practice in China against those international standards in a new detailed part. Taking into account the highly influential effects of China?s traditional legal culture and special social situation, the paper is devoted to investigate four most pressing issues regarding the continuing Chinese criminal justice reform on the pre-trial procedure in different chapters: guiding ideologies and basic principles, the pre-trial compulsory measures system, prevention of the use of illegal evidence obtained through torture and the right to legal counsel before trial. This comprehensive examination shows the significant progress regarding fair trial rights for suspects China has made in meeting international standards set in ICCPR, in particular the Criminal Procedure Law of 1996. The barriers and challenges that impair the criminal procedural rights for suspects and impede the proper enforcement of the existing criminal justice system to come in line with international standards are also highlighted with possible suggestions of improvements. These problems root in current social, cultural and institutional conditions under which the criminal justice system operates, including difficulties in changing the traditional ideology, the deficiencies and failure with the law itself for certain issues, the incorrect and ineffective enforcement of the law, and a severe shortage of professionally qualified judges, prosecutors, police and lawyers. As a result, the practices in human rights violation against suspects that subsequent reforms have been trying to eradicate still remain in the Chinese criminal justice system. The thesis concludes with the allegation that the introduction of some key rights into Chinese criminal justice system to provide greater protection to its suspects for preventing possible stage power abuse is a step in the right direction, but further procedural safeguards are necessary to ensure an effective rebalance of China?s criminal justice system. Apart from improving its legal system to fully comply with international human rights standard, the reform must fit within the Chinese culture and way of life. Therefore, the government must consider further actions to address and develop the cultural and social conditions of the Chinese criminal justice system.
Download or read book Human Rights Protection System in China written by Pinghua Sun and published by Springer Science & Business Media. This book was released on 2013-09-18 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.
Download or read book Do Exclusionary Rules Ensure a Fair Trial written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Fair Trial at the International Criminal Court written by Elmar Widder and published by PL Academic Research is. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches the question of whether or not the court procedure at the International Criminal Court (ICC) can be regarded as fair from two angles: First, does the ICC provide a fair trial according to the accepted standards of international human rights law? Secondly, is it substantively fair so as to establish the legitimacy of the court on a sound footing? Practitioners and academics are increasingly conscious of the need for an approach to evidence which spans civil law and common law traditions, national and international law. This is what this monograph does, in meticulous detail, for the law of confrontation and disclosure.
Download or read book International Engagement in China s Human Rights written by Titus Chen and published by Routledge. This book was released on 2015-07-03 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.
Download or read book China s Human Rights Lawyers written by Eva Pils and published by Routledge. This book was released on 2014-11-20 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.
Download or read book Chinese Yearbook of Human Rights Volume 6 2024 written by Wei Zhang and published by BRILL. This book was released on 2024-07-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese Yearbook of Human Rights is a forum for academic exchange between China and the international community in the field of human rights. It publishes peer reviewed articles by scholars and practitioners from both within and outside China on human rights issues, from the perspectives of law, philosophy, political science, history, international relations and other relevant academic disciplines. The Yearbook was originally founded in cooperation with the UN Office of the High Commissioner for Human Rights, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, and the Chinese Academy of Social Sciences, but fell silent from 2008 onwards. It now has a new editorial team, consisting of internationally based human rights scholars and a team of editors at the Institute for Human Rights of the China University of Political Science and Law and the Center for Human Rights Studies of the Chinese Academy of Social Sciences. Volume 6, 2024 focuses on the topical issues of the interpretation and implementation of the right to peace, the right to work, and the right to education. Several other issues, such as international human rights mechanisms, business and human rights, climate change litigation, poverty alleviation, and anti-domestic violence, are also covered.
Download or read book Taming the Dragon written by United States. Congressional-Executive Commission on China and published by . This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
Download or read book Human Rights in China written by United States. Congress. House. Committee on International Relations and published by . This book was released on 1999 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Path of Human Rights Development written by Huawen Liu and published by Springer Nature. This book was released on 2021-12-16 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on China’s evolution in the field of human rights protection, highlighting its achievements in various systems of human rights protection, as well as its role in international human rights governance and the healthy development of human rights. From the perspective of China’s human rights protection, starting with various types of citizens, e.g. women, children and the disabled, the book analyzes and discusses the changes and major events in the country’s human rights development path one by one, while also explaining the Chinese stance on human rights development. China is becoming more active in the international human rights cooperation field, playing its unique and constructive role and serving as the participant, builder and contributor of the international human rights governance.
