Author: Jerome Alan Cohen
Publisher: Harvard University Press
ISBN: 9780674176508
Category : Law
Languages : en
Pages : 742
Get Book
Book Description
This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the direction of that change, and what are the prospects for the future? Today, immense difficulties impede the study of any aspect of China's legal system. Most foreign scholars are forbidden to enter the country, and those who do visit China find solid data hard to come by. Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes. Moreover, popular publications and legal journals that told much about the regime's first decade have become increasingly scarce and uninformative. In order to obtain information for this study, Mr. Cohen spent 1963-64 in Hong Kong, interviewing refugees from the mainland and searching out and translating material on Chinese criminal law. From the interviews and published works, he has endeavored to piece together relevant data in order to see the system as a whole. The first of the three parts of the book is an introductory essay, providing an overview of the evolution and operation of the criminal process from 1949 through 1963. The second part, constituting the bulk of the book, systematically presents primary source material, including excerpts from legal documents, policy statements, and articles in Chinese periodicals. In order to show the law in action as well as the law on the books, the author has included selections from written and oral accounts by persons who have lived in or visited the People's Republic. Interspersed among these diverse materials are Mr. Cohen's own comments, questions, and notes. Part III contains an English-Chinese glossary of the major institutional and legal terms translated in Part II, a bibliography of sources, and a list of English-language books and articles that are pertinent to an understanding of the criminal process in China.
Author: Jerome Alan Cohen
Publisher:
ISBN:
Category :
Languages : en
Pages : 706
Get Book
Book Description
Author: Shao-Chuan Leng
Publisher: SUNY Press
ISBN: 9780873959490
Category : Law
Languages : en
Pages : 352
Get Book
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: Jerome Alan Cohen
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 66
Get Book
Book Description
Author: Ronald J. Troyer
Publisher: Praeger
ISBN:
Category : Education
Languages : en
Pages : 240
Get Book
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: China
Publisher: Fred B. Rothman
ISBN:
Category : Criminal law
Languages : en
Pages : 104
Get Book
Book Description
Author: Jerome Alan Cohen
Publisher:
ISBN: 9780231215923
Category : Criminal procedure
Languages : en
Pages : 0
Get Book
Book Description
""Perhaps more than any other civilian, Jerome Cohen has shaped the United States encounters with East Asia in the twentieth century. The founder of the study of Chinese law in America, Cohen has been a scholar and political activist for more than sixty years-a mentor to Taiwanese presidents and an interceder in several geopolitical crises. In this autobiography, Cohen will describe his front-row seat to the practice and study of Sino-American relations over the last half a century. After Jerry Cohen joined the faculty of Berkeley School of Law in 1959, he accepted a four-year grant to study China offered by the Rockefeller Foundation. As no Americans were permitted to enter China at the time, he could only travel as far as Hong Kong, where he met with refugees and questioned them on Chinese criminal procedure. These interviews served as the basis for his landmark book, ""The Criminal Process of the People's Republic of China: 1949-1963."" He returned to America in 1964 and became a professor at Harvard, where he created the school's East Asia Legal Studies Association. During this time, Cohen became an activist for normalized relations with China, and was influential in securing the release of John T. Downey in the early 1970s. In 1977, he accompanied Senator Ted Kennedy to Beijing where they met with Deng Xiaoping. Following China's economic reforms in 1979, Cohen's obscure specialty of Chinese law was thrust into the spotlight as foreign companies began to consider investment opportunities. When he was offered the opportunity to live and practice in Beijing in exchange for teaching American contract law to commerce officials, Cohen took a sabbatical from Harvard. Following the suppression of student uprising in Tiananmen Square in 1989, he returned to the United States and became a Professor of Law at New York University School of Law in 1990. Over the course of his career, he has been a tireless advocate for human rights. He worked legal reforms in China and was instrumental in realizing the release of political prisoners, including Song Yongyi, a librarian at Dickinson College. He also assisted Chinese civil rights activist Chen Guangcheng after he escaped house arrest in 2012. Cohen regularly uses his bi-weekly column in the South China Morning Post as a platform to criticize rights violations in China and Taiwan.""--
Author: Julia Strauss
Publisher: Cambridge University Press
ISBN: 9780521696968
Category : History
Languages : en
Pages : 268
Get Book
Book Description
Examines the People's Republic of China between 1949 and 1976 from an explicitly historical perspective.
Author: Jianfu Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004234454
Category : Law
Languages : en
Pages : 348
Get Book
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.
Author: Donald P. Whitaker
Publisher:
ISBN:
Category : China
Languages : en
Pages : 752
Get Book
Book Description
