Principles of Chinese Criminal Procedure

Principles of Chinese Criminal Procedure PDF Author: liling Yue
Publisher:
ISBN: 9781509934942
Category : Electronic books
Languages : en
Pages : 240

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Book Description
"The book presents a short history and timeline of criminal procedure legislation in China. It first discusses the status of Human Rights Conventions and challenges resulting from human rights standards for Chinese criminal procedural law and practice. It moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPC and the Supreme People's Court. The book covers relevant actors in the Chinese Criminal Justice System (judges, prosecutors, police, defence councils) as well as the relationships between them. Actors include crime victims and their role in criminal proceedings. Starting with pre-trial investigation proceedings (extending in particular to coercive measures and discretionary powers of police and prosecutors in the implementation of non-prosecution policies) the book then proceeds with basic principles of the criminal trial, standards of evidence and rules related to conviction and sentencing. Appeal proceedings and the issue of reopening criminal proceedings are also considered. The book finally concludes with questions of enforcement of criminal sentences."--

Principles of Chinese Criminal Procedure

Principles of Chinese Criminal Procedure PDF Author: Liling Yue
Publisher: Bloomsbury Publishing
ISBN: 1509934936
Category : Law
Languages : en
Pages : 248

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Book Description
This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.

Opening to Reform?

Opening to Reform? PDF Author: Jonathan Hecht
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 100

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Book Description


Criminal Law and Criminal Procedure Law in the People's Republic of China

Criminal Law and Criminal Procedure Law in the People's Republic of China PDF Author: Jianfu Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004234454
Category : Law
Languages : en
Pages : 348

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Book Description
Criminal law features most prominently throughout the history of China. It applies to Chinese as well as foreigners. The increasing number of foreign people caught in the Chinese criminal justice system highlights the importance of an understanding of the Chinese criminal justice system. Equally critical in the understanding of Chinese society is an understanding of the role of criminal law and its practice in the protection or abuse of human rights in China. Criminal Law and Criminal Procedure Law in the People's Republic of China provides the most up-to-date and full translation of the Chinese Criminal Law and Criminal Procedure Law. The translation is accompanied by a comprehensive introduction to the Chinese criminal justice system, its evolution and development.

Criminal Law in China

Criminal Law in China PDF Author: Shizhou Wang
Publisher: Kluwer Law International B.V.
ISBN: 9041195289
Category : Law
Languages : en
Pages : 260

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.

Navigating Criminal Law in China

Navigating Criminal Law in China PDF Author: Aspatore, Inc
Publisher: Aspatore Books
ISBN: 9780314286796
Category : Criminal law
Languages : en
Pages : 0

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Book Description
Navigating Criminal Law in China provides an authoritative, insiders perspective on the principles and organization of the Chinese legal system and offers valuable insight into the Peoples Republic of China (PRC) Criminal Law and Criminal Procedure Law. Featuring partners and chairs from some of Chinas leading law firms, this book guides the reader through the process of demystifying the structure of Chinese criminal law and the implications for effective defense strategies. These top lawyers provide guidance on the history, major elements, and recent developments of the Chinese criminal code with special focus on the Criminal Laws Eighth Amendment, enacted in 2011. Finally, these leaders share their thoughts on the criminal trial process, offering practical insights and references to key criminal cases in China. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer their thoughts on the evolution of criminal practice in China.

Criminal Court Procedures in the Chinese People's Republic

Criminal Court Procedures in the Chinese People's Republic PDF Author: Vladimir Evgene̕vich Chugonov
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 506

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Book Description


Criminal Justice in Post-Mao China

Criminal Justice in Post-Mao China PDF 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 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.

Models of Criminal Procedure System

Models of Criminal Procedure System PDF Author: Ruihua Chen
Publisher: Springer Nature
ISBN: 981193651X
Category : Law
Languages : en
Pages : 335

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Book Description
This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.

Chinese Law: Context and Transformation

Chinese Law: Context and Transformation PDF Author: Jianfu Chen
Publisher: BRILL
ISBN: 9004228896
Category : Law
Languages : en
Pages : 1131

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Book Description
Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Criminal Law

Criminal Law PDF Author: The National People's Congress of China
Publisher: Good Press
ISBN:
Category : Law
Languages : en
Pages : 150

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Book Description
"Criminal Law" by The National People's Congress of China. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.