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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.
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.
Author: Eva Pils
Publisher: Routledge
ISBN: 1134450680
Category : Law
Languages : en
Pages : 246
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Book Description
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.
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.
Author: Xin He
Publisher: Oxford University Press
ISBN: 0198927800
Category : Law
Languages : en
Pages : 284
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Book Description
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.
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.
Author: Na Jiang
Publisher: Springer
ISBN: 366246084X
Category : Law
Languages : en
Pages : 363
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Book Description
The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.
Author: Congressional-Executive Commission on China
Publisher: Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 356
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Book Description
Author: Pitman Potter
Publisher: John Wiley & Sons
ISBN: 0745672167
Category : Law
Languages : en
Pages : 188
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Book Description
China’s struggle for the rule of law is at a critical juncture. As a key element of governance in the PRC today, China’s legal system affects not only domestic affairs but also China’s engagement with the world. But can a credible legal system emerge which protects the rights of citizens and international partners without undermining the power of the Party State? And is the Chinese Communist Party willing to embark on judicial reforms that may jeopardize its very survival? Understanding the PRC legal system is increasingly important as China rises to prominence in the world. In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of China’s legal regime, in light of international standards and local conditions. Against a rich historical backdrop, Potter explains how China’s legal system supports three key policy objectives; namely, political stability, economic prosperity, and social development. In exploring these competing policy goals and the tensions between them, he also raises fundamental questions about government expectations of the role of law in regulating local and international socio-economic and political relationships. This wide-ranging and readable introduction will be an invaluable guide for students and non-specialists interested in China’s ongoing process of legal modernization.
Author: Hong Lu
Publisher: Routledge
ISBN: 1135914923
Category : Law
Languages : en
Pages : 274
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Book Description
This book examines the death penalty within the changing socio-political context of China. The authors' treatment of China's death penalty is legal, historical, and comparative, focusing on its theory and the actual practice.
Author: Enshen Li
Publisher: Routledge
ISBN: 1351039369
Category : Social Science
Languages : en
Pages : 270
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Book Description
Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.
