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 In the Name of Justice written by Weifang He and published by Brookings Institution Press. This book was released on 2012-11-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

Download or read book Comparative Perspectives on Criminal Justice in China written by Michael McConville and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.

Download or read book China s Influence and American Interests written by Larry Diamond and published by Hoover Press. This book was released on 2019-08-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Americans are generally aware of China's ambitions as a global economic and military superpower, few understand just how deeply and assertively that country has already sought to influence American society. As the authors of this volume write, it is time for a wake-up call. In documenting the extent of Beijing's expanding influence operations inside the United States, they aim to raise awareness of China's efforts to penetrate and sway a range of American institutions: state and local governments, academic institutions, think tanks, media, and businesses. And they highlight other aspects of the propagandistic “discourse war” waged by the Chinese government and Communist Party leaders that are less expected and more alarming, such as their view of Chinese Americans as members of a worldwide Chinese diaspora that owes undefined allegiance to the so-called Motherland.Featuring ideas and policy proposals from leading China specialists, China's Influence and American Interests argues that a successful future relationship requires a rebalancing toward greater transparency, reciprocity, and fairness. Throughout, the authors also strongly state the importance of avoiding casting aspersions on Chinese and on Chinese Americans, who constitute a vital portion of American society. But if the United States is to fare well in this increasingly adversarial relationship with China, Americans must have a far better sense of that country's ambitions and methods than they do now.

Download or read book No Enemies No Hatred written by Xiaobo Liu and published by Harvard University Press. This book was released on 2012-01-16 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Nobel Peace Prize was awarded on December 10, 2010, its recipient, Liu Xiaobo, was in Jinzhou Prison, serving an eleven-year sentence for what Beijing called “incitement to subvert state power.” In Oslo, actress Liv Ullmann read a long statement the activist had prepared for his 2009 trial. It read in part: “I stand by the convictions I expressed in my ‘June Second Hunger Strike Declaration’ twenty years ago—I have no enemies and no hatred. None of the police who monitored, arrested, and interrogated me, none of the prosecutors who indicted me, and none of the judges who judged me are my enemies.” That statement is one of the pieces in this book, which includes writings spanning two decades, providing insight into all aspects of Chinese life. These works not only chronicle a leading dissident’s struggle against tyranny but enrich the record of universal longing for freedom and dignity. Liu speaks pragmatically, yet with deep-seated passion, about peasant land disputes, the Han Chinese in Tibet, child slavery, the CCP’s Olympic strategy, the Internet in China, the contemporary craze for Confucius, and the Tiananmen massacre. Also presented are poems written for his wife, Liu Xia, public documents, and a foreword by Václav Havel. This collection is an aid to reflection for Western readers who might take for granted the values Liu has dedicated his life to achieving for his homeland.

Download or read book China s New Order written by Hui Wang and published by Harvard University Press. This book was released on 2003 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the transformations that China has undertaken since 1989, Wang Hui argues that it features elements of the new global order as a whole in which considerations of economic growth and development have trumped every other concern, particularly democracy and social justice.

Download or read book Criminal Case Dispositions through Pleas in Greater China written by Enshen Li and published by Springer Nature. This book was released on with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 Emmins on Criminal Procedure written by John Sprack and published by Oxford University Press, USA. This book was released on 2002 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its tenth edition, Emmins on Criminal Procedure is a practical and straightforward guide to the criminal process in England and Wales, from the start of criminal proceedings and the first court appearance of the accused, through to sentencing and appeal. It covers the procedure in themagistrates' courts, the Crown Court and the criminal appeal courts. This new edition has been completely rewritten to take account of the Criminal Justice Act 2003 and all relevant case-law.

Download or read book Research Handbook on Plea Bargaining and Criminal Justice written by Máximo Langer and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.

Download or read book The Status of Aliens in China written by V. K. Wellington Koo and published by New York : Columbia university. This book was released on 1912 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Judicial System of China written by Xin He and published by Oxford University Press. This book was released on 2024-11-06 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grounded in both English- and Chinese-language sources, The Judicial System of China is a systematic study of Chinese courts after Xi Jinping took power and thoroughly reformed its judiciary. It draws upon extensive empirical scholarship in both Chinese and English languages, complementing it with fresh research based on court statistics, public opinion polling, and interviews with judges, lawyers, and litigants. The book addresses a range of timely subjects, including how Chinese courts have come to their present shape, how decisions are made on civil, criminal, and administrative cases, and what explains the behaviour of the judges. It documents not only the institutional rules, but also the behavioral patterns of the judges and other players revolving around the courts. This book presents a governance model for understanding the operation of the Chinese court system. The courts have two overarching characteristics under this model: supporting the state's goals of policy implementation and legitimacy enhancement. The various policies that the courts are tasked with implementing and the approaches the courts use for enhancing the judiciary's legitimacy--and by extension, that of the state--have played key roles in the courts' evolution. The model sheds light on the rationales that have underlain the changes in the system over time. Engaging extensively with the literature in law and politics, law and society, and institutional economics, The Judicial System of China provides readers with a deeper understanding of the inner workings and day-to-day realities of the Chinese judicial system.

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 World Court written by and published by . This book was released on 1919 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Judicial System and Reform in Post Mao China written by Dr Yuwen Li and published by Ashgate Publishing, Ltd.. This book was released on 2014-11-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Download or read book The World Court written by and published by . This book was released on 1919 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: