Comparative Perspectives on Criminal Justice in China

Comparative Perspectives on Criminal Justice in China PDF Author: Michael McConville
Publisher: Edward Elgar Publishing
ISBN: 1781955867
Category : Law
Languages : en
Pages : 614

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Book Description
'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.

Comparative Perspectives on Criminal Justice in China

Comparative Perspectives on Criminal Justice in China PDF Author: Michael McConville
Publisher: Edward Elgar Publishing
ISBN: 1781955867
Category : Law
Languages : en
Pages : 614

Get Book Here

Book Description
'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.

Crime, Punishment, and Policing in China

Crime, Punishment, and Policing in China PDF Author: Børge Bakken
Publisher: Rowman & Littlefield Publishers
ISBN: 0742575594
Category : Political Science
Languages : en
Pages : 256

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Book Description
Crime long has been a silent partner in China's march to modernization, leading the regime to make law and order as central a priority as economic growth and the promise of prosperity. This groundbreaking study offers the first comprehensive and up-to-date analysis of Chinese crime, policing, and punishment. A multidisciplinary group of leading scholars draw on a rich body of empirical data and rare archival research to illuminate seldom-explored theoretical dimensions of legal ideology and reform as well as the linkages between crime and control to broader themes of law, modernization, and development. The authors balance comparative perspectives with an understanding of China's unique historical and cultural experience. This context is critical, the authors argue, as crime and control are at the root of modernity and how it is defined. In many ways the PRC is reliving the experiences of other industrializing countries, yet at the same time the practices of China's police and prison system also are painted with thick layers of historical memory. Order has become increasingly important in legitimizing the Chinese regime, but its practices and ideas of policing are often missing from our picture of Chinese social and political development. This important book's discussion of the paradoxes of policing and the problems of order bridges that gap and demystifies developments in China. All those interested in modern and contemporary Chinese politics, law, and society, as well as in comparative criminology and law, will find this work an invaluable resource. Contributions by: Børge Bakken, Frank Dikötter, Michael Dutton, James D. Seymour, Murray Scot Tanner, and Xu Zhangrun.

Do Exclusionary Rules Ensure a Fair Trial?

Do Exclusionary Rules Ensure a Fair Trial? PDF Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387

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Book Description
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.

Comparative Policing from a Legal Perspective

Comparative Policing from a Legal Perspective PDF Author: Monica den Boer
Publisher: Edward Elgar Publishing
ISBN: 1785369113
Category : Law
Languages : en
Pages : 491

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Book Description
Public police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing, New material and findings are presented with an international-comparative perspective, it is a must-read for students of policing, security and law and professionals in related fields.

The Judicial System and Reform in Post-Mao China

The Judicial System and Reform in Post-Mao China PDF Author: Dr Yuwen Li
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472436075
Category : Law
Languages : en
Pages : 305

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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.

Corporate Crime in China

Corporate Crime in China PDF Author: Zhenjie Zhou
Publisher: Routledge
ISBN: 1317632834
Category : Business & Economics
Languages : en
Pages : 221

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Book Description
Corporate crime in China has garnered worldwide attention and in the recent years we have witnessed positive legislative and administrative efforts by the Chinese government to prevent corporate misconducts. This book first defines the meaning of corporate crime in China and answers the basic questions of what corporate crime is through real life cases. Then, it introduces the history of corporate crime and reviews academic studies through these key questions. The book also discusses the scope of corporate crime, the basis of corporate criminal liability, the criminal liability of State organizations, the corporate compliance programs and corporate criminal liability and the procedural issues. The book also provides suggestions from a comparative perspective by referring to the latest global developments on corporate crime. In the concluding chapter, the book discusses the goals of corporate crime prevention policy and comes up with feasible reform proposals with a brief summary on the existing problems of the current policies through a macro perspective. There is no existing book that deals with the legislation and criminal justice practices of corporate crime in China and this book will help to shed insight into the subject.

Comparative Criminal Justice Systems

Comparative Criminal Justice Systems PDF Author: Harry R. Dammer
Publisher: Cengage Learning
ISBN: 9780495809890
Category : Social Science
Languages : en
Pages : 368

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Book Description
Bestselling COMPARATIVE CRIMINAL JUSTICE SYSTEMS, 4/e delivers a comprehensive--and intriguing--analysis comparing the various criminal justice systems throughout the world. Thoroughly revised and up to date, the Fourth Edition reflects the latest trends, issues, and information on international criminal justice, transnational organized crime and corruption, terrorism, and international juvenile justice. This proven text's unique topical approach examines important aspects of each type of justice system--common law, civil law, socialist law, and sacred (Islamic) law--which gives students a more solid understanding of the similarities and differences of each system. The authors use six model countries--China, England, France, Germany, Japan, Saudi Arabia--to illustrate the different types of law and justice systems in the context of specific countries, as well as the historical, political, economic, social, and cultural influences on each system. The book is packed with relevant examples, emphasizes critical thinking skills throughout, and includes an assortment of innovative learning tools to maximize student success. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Construction of Guilt in China

The Construction of Guilt in China PDF Author: Yu Mou
Publisher: Bloomsbury Publishing
ISBN: 1509913033
Category : History
Languages : en
Pages : 273

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Book Description
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.

Criminal Defense in China

Criminal Defense in China PDF Author: Sida Liu
Publisher: Cambridge University Press
ISBN: 1107162416
Category : Law
Languages : en
Pages : 227

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Book Description
This book studies the struggles for basic legal freedoms in the work and political mobilization of defense lawyers in China's criminal justice system.

Police Corruption in Comparative Perspective

Police Corruption in Comparative Perspective PDF Author: George Chak Man Lee
Publisher: Routledge
ISBN: 1000627438
Category : Social Science
Languages : en
Pages : 257

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Book Description
How has rapid economic modernization in China and India impacted upon policing? To what extent are the two police forces trusted by its citizens? Do the police carry out their duties in a fair and unbiased fashion? What does police corruption look like and why does it persist? And what are the influencing factors in decision-making at the moments-of-truth? Filling the lacuna of research into the police in China and India, this book offers a unique comparative study of the prevalence, nature and organization of police corruption in these countries. This book provides key insights into the relationships between rapid economic modernisation, urbanisation and crime, and its effects on police organisational culture and behaviour as well as on ethical decision making. Moreover, this book performs an audit on which country is better placed to tackle corruption and professionalise their police service. It offers a major contribution to comparative research on criminal justice. It is essential reading for all policing scholars and will be of interest to students of criminology, social and political sciences, development studies, Asian studies, and post-colonial studies.