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Author: Shao-Chuan Leng
Publisher: SUNY Press
ISBN: 9780873959490
Category : Law
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 People's Republic of China. China's 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 PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law--the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system--such as the court, the procuracy, lawyers, and criminal procedure--and 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 China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
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: Shao-chuan Len
Publisher: State University of New York Press
ISBN: 1438410506
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 People's Republic of China. China's 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 PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law—the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system—such as the court, the procuracy, lawyers, and criminal procedure—and 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 China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
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.
Author: Kenneth G. Lieberthal
Publisher: Univ of California Press
ISBN: 0520414004
Category : History
Languages : en
Pages : 394
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Book Description
Using a model of "fragmented authoritarianism," this volume sharpens our view of the inner workings of the Chinese bureaucracy. The contributors' interviews with politically well-placed bureaucrats and scholars, along with documentary and field research, illuminate the bargaining and maneuvering among officials on the national, provincial, and local levels. CONTRIBUTORS:Nina P. HalpernCarol Lee HamrinDavid M. LamptonKenneth G. LieberthalMelanie ManionBarry NaughtonLynne PaineJonathan D. PollackSusan L. ShirkPaul E. SchroederAndrew G. WalderDavid Zweig This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.
Author: Ting Xu
Publisher:
ISBN: 9780854901333
Category : Right of property
Languages : en
Pages : 0
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Book Description
This monograph examines the nature and significance of the re-emergence of private property in rapidly changing post-Mao China. In examining this issue, the study explores a key dichotomy in Chinese law, that is, 'public versus private', and examines the manner in which the Chinese define ownership. The study stresses the importance of lack of clarity in the boundaries between the public and the private in property rights. While there is a limited move towards the recognition of private property in real estate in contemporary China, this analysis also shows that ownership in the law, and ownership as understood and practised socially, often diverge significantly. From the Qing dynasty reforms of the late nineteenth century onwards, 'modernist' law and entrenched social practice have often opposed each other. In contrast to the official, and indeed legal, support for unitary and exclusive property rights, the reality of the property regime has been a fragmentation of property rights. 'Modern' conceptions and theories of property rights emerged in the context of nation-building from the late Qing onwards, and unitary and exclusive property rights were considered as 'badges' of modernity. These conceptions and theories served (and still serve) the purposes of control and governance but were, and still are, often resisted in social practice and popular thinking, leading to alienation and conflict. As a result, analysis of the nature and the social and political implications of re-emerging private property rights provides important insights for our understanding of the changing nature of modern China.
Author: Klaus Mu_hlhahn
Publisher: Harvard University Press
ISBN: 9780674054332
Category : Law
Languages : en
Pages : 378
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Book Description
In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.
Author: Jeffrey C. Kinkley
Publisher: Stanford University Press
ISBN: 9780804739764
Category : Literary Collections
Languages : en
Pages : 534
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Book Description
This is a full-length study of Chinese crime fiction in all eras: ancient, modern, and contemporary. It is also the first book to apply legal scholars law and literature inquiry to the rich field of Chinese legal and literary culture.
Author: Alexander C. Cook
Publisher: Cambridge University Press
ISBN: 0521761115
Category : Biography & Autobiography
Languages : en
Pages : 297
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Book Description
Introduction -- Indictment -- Monsters -- Testimony -- Emotions -- Verdict -- Vanity -- Conclusion -- Index of Chinese terms
Author: Ronald J. Troyer
Publisher: Praeger
ISBN:
Category : Education
Languages : en
Pages : 240
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Book Description
Where other books have discussed selected social practices in China, this volume is unique in its coverage of the entire social control apparatus of that country. The contributors to this comprehensive study describe the design and operation of the Chinese social control system. Drawing on data gathered in China, the book introduces readers to China's unusual blend of formal and informal devices at the individual and neighborhood level up through the formal criminal justice system. This social control approach stresses citizen involvement and emphasizes prevention rather than reaction. The various chapters describe how the criminal justice system operates when these devices fail. The book's primary conclusion is that the low rates of deviance in China are a consequence of extensive social control efforts at the grassroots level. These grassroots devices are carefully controlled by the government. At the same time, however, China is rapidly changing. There is an extensive development of a formal criminal justice system and rapid economic development. The contributors predict that China's crime rate will rise as these trends continue. Professional criminologists, as well as students and scholars of criminology, delinquency, and comparative criminal justice systems, will find this book a valuable resource.
Author: Diana Lary
Publisher: Cambridge University Press
ISBN: 0521302706
Category : History
Languages : en
Pages : 190
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Book Description
Diana Lary examines how the common soldier in Warlord China became an instrument of oppression and terror.
