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Author: Hungdah Chiu
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Hungdah Chiu
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Yuwen Li
Publisher: Routledge
ISBN: 1317026551
Category : Law
Languages : en
Pages : 511
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Book Description
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.
Author: Elisa Nesossi
Publisher: BRILL
ISBN: 9004386386
Category : Political Science
Languages : en
Pages : 100
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Book Description
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.
Author: Hungdah Chiu
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 54
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Author: Weifang He
Publisher: Thornton Center Chinese Thinkers Series
ISBN: 9780815733478
Category : Law
Languages : en
Pages : 0
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As one of China's most influential law professors, He Weifang has been at the forefront of the country's 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. In this book, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, In the Name of Justice 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 topics covered are judicial independence, judicial review, legal education, capital punishment, and legal protection of free speech and human rights. The volume offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform, He believes true constitutionalism can guarantee social justice and enduring stability for China.
Author: China. Guo wu yuan. Xin wen ban gong shi
Publisher:
ISBN: 9787119079974
Category : Justice, Administration of
Languages : en
Pages : 54
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Author: Shao-chuan Leng
Publisher: SUNY Press
ISBN: 9780873959506
Category : Political Science
Languages : en
Pages : 352
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Book Description
The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the Peoples Republic of China. Chinas current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRCs first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese lawthe development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice systemsuch as the court, the procuracy, lawyers, and criminal procedureand the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with Chinas political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
Author: Li Chen
Publisher:
ISBN: 9789004288485
Category : History
Languages : en
Pages : 396
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Book Description
In Chinese Law, edited by Li Chen and Madeleine Zelin, the authors provide valuable perspectives on the transformation, knowledge, practice, and effects of Chinese law and justice in the changing historical context of late imperial and modern China.
Author: Laszlo Ladany
Publisher: University of Hawaii Press
ISBN: 9780824814731
Category : History
Languages : en
Pages : 200
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Book Description
Fr Laszlo Ladany, SJ, published only one book in his lifetime (The Communist Party of China and Marxism, 1921-1985: A Self-Portrait), but became widely known and respected as the doyen of 'China-watchers' through his editorship of China News Analysis in Hong Kong in 1953-82. On his death in 1990 he left this survey, simply expressed but revealing on every page the depth of his knowledge of the Chinese people and of Chinese and comparative legal history, one of his own earlier special subjects of study. His ultimate concern is to illustrate the antipathy of Mao Tse-tung to law, even in a form renewed according to Marxist doctrine, and to age-old customary Chinese concepts of acceptable behaviour: this created a mental and spiritual void in a whole generation of Chinese with possibly irreversible and certainly unpredictable consequences. The book is a deeply thought-provoking introduction to the study of Chinese history, politics and culture. Two distinguished German sinologists, Professor Jurgen Domes and Dr Marie-Luise Nath, have, between them, edited the work and provided short opening and concluding sections.
Author:
Publisher:
ISBN:
Category : Communism
Languages : en
Pages : 664
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