Criminal Justice in Post-Mao China

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Publisher : SUNY Press
ISBN 13 : 9780873959506
Total Pages : 352 pages
Book Rating : 4.9/5 (595 download)

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Book Synopsis Criminal Justice in Post-Mao China by : Shao-chuan Leng

Download or read book Criminal Justice in Post-Mao China written by Shao-chuan Leng and published by SUNY Press. This book was released on 1985-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Criminal Justice in China

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Publisher : Harvard University Press
ISBN 13 : 9780674054332
Total Pages : 378 pages
Book Rating : 4.0/5 (543 download)

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Book Synopsis Criminal Justice in China by : Klaus Mu_hlhahn

Download or read book Criminal Justice in China written by Klaus Mu_hlhahn and published by Harvard University Press. This book was released on 2009-04-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Chinese Justice, the Fiction

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Author :
Publisher : Stanford University Press
ISBN 13 : 9780804739764
Total Pages : 534 pages
Book Rating : 4.7/5 (397 download)

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Book Synopsis Chinese Justice, the Fiction by : Jeffrey C. Kinkley

Download or read book Chinese Justice, the Fiction written by Jeffrey C. Kinkley and published by Stanford University Press. This book was released on 2000 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108121322
Total Pages : 411 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Justice by : Flora Sapio

Download or read book Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society, and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.

In the Name of Justice

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Author :
Publisher : Brookings Institution Press
ISBN 13 : 0815722915
Total Pages : 324 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis In the Name of Justice by : Weifang He

Download or read book In the Name of Justice written by Weifang He and published by Brookings Institution Press. This book was released on 2012-11-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

China's Design Revolution

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Author :
Publisher : MIT Press
ISBN 13 : 0262017423
Total Pages : 169 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis China's Design Revolution by : Lorraine Justice

Download or read book China's Design Revolution written by Lorraine Justice and published by MIT Press. This book was released on 2012 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The evolution of Chinese design and the major shift in the culture of creativity in a post-Mao China. China is on the verge of a design revolution. A "third generation" of the People's Republic of China that came of age during China's "opening up" period of the 1980s now strives for fame, fortune, and self expression. This generation, workers in their thirties and forties, has more freedom to create--and to consume--than their parents or grandparents. In China's Design Revolution, Lorraine Justice maps the evolution of Chinese design and innovation. Justice explains that just as this "third generation" (post-Revolution, post-Cultural Revolution) reaches for self-expression, China's government is making massive investments in design and innovation, supporting design and creative activities (including design education programs, innovation parks, and privatized companies) at the local and national levels. The goal is to stimulate economic growth--and to establish China as a global creative power. Influenced by Mao and Confucius, communism and capitalism, patriotism and cosmopolitanism, China's third generation will drive the culture of design and innovation in China--and maybe the rest of the world. Justice describes and documents examples of Chinese design and innovation that range from ancient ceramics to communist propaganda posters. She then explores current award-winning projects in media, fashion, graphic, interior, and product design; and examines the lifestyle and purchasing trends of the "fourth generation," now in their teens and twenties. China's Design Revolution offers an essential guide to the inextricably entwined stories of design, culture, and politics in China.

The Judicial System and Reform in Post-Mao China

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472436075
Total Pages : 305 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis The Judicial System and Reform in Post-Mao China by : Dr Yuwen Li

Download or read book The Judicial System and Reform in Post-Mao China written by Dr Yuwen Li and published by Ashgate Publishing, Ltd.. This book was released on 2014-11-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Chinese Justice

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781107610620
Total Pages : 0 pages
Book Rating : 4.6/5 (16 download)

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Book Synopsis Chinese Justice by : Margaret Y. K. Woo

Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2013-02-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies, and the needs of the global market. Given the political dimension of dispute resolution in creating, settling, and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.

Chinese Justice

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139499297
Total Pages : 433 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Chinese Justice by : Margaret Y. K. Woo

Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2011-04-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.

A Different Shade of Justice

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Author :
Publisher : UNC Press Books
ISBN 13 : 1469633701
Total Pages : 296 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis A Different Shade of Justice by : Stephanie Hinnershitz

Download or read book A Different Shade of Justice written by Stephanie Hinnershitz and published by UNC Press Books. This book was released on 2017-08-10 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Jim Crow South, Chinese, Filipino, Japanese, and, later, Vietnamese and Indian Americans faced obstacles similar to those experienced by African Americans in their fight for civil and human rights. Although they were not black, Asian Americans generally were not considered white and thus were subject to school segregation, antimiscegenation laws, and discriminatory business practices. As Asian Americans attempted to establish themselves in the South, they found that institutionalized racism thwarted their efforts time and again. However, this book tells the story of their resistance and documents how Asian American political actors and civil rights activists challenged existing definitions of rights and justice in the South. From the formation of Chinese and Japanese communities in the early twentieth century through Indian hotel owners' battles against business discrimination in the 1980s and '90s, Stephanie Hinnershitz shows how Asian Americans organized carefully constructed legal battles that often traveled to the state and federal supreme courts. Drawing from legislative and legal records as well as oral histories, memoirs, and newspapers, Hinnershitz describes a movement that ran alongside and at times intersected with the African American fight for justice, and she restores Asian Americans to the fraught legacy of civil rights in the South.

Chinese Civil Justice, Past and Present

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Author :
Publisher : Rowman & Littlefield
ISBN 13 : 9780742567696
Total Pages : 320 pages
Book Rating : 4.5/5 (676 download)

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Book Synopsis Chinese Civil Justice, Past and Present by : Philip C. Huang

Download or read book Chinese Civil Justice, Past and Present written by Philip C. Huang and published by Rowman & Littlefield. This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.

Suicide and Justice

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Author :
Publisher : Routledge
ISBN 13 : 1135248036
Total Pages : 241 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Suicide and Justice by : Fei Wu

Download or read book Suicide and Justice written by Fei Wu and published by Routledge. This book was released on 2009-09-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociological and psychiatric studies on suicide based on Western ideas about human nature see suicide as social or individual disorder. Suicide in China, however, should be understood differently. By analyzing 30 cases, Wu Fei studies the dynamics of suicide in terms of family politics and local psychology and finds that suicide is committed when a power balance is broken in the games of power in the family. Unlike public injustice, domestic injustice is not only closely related to, but also often strengthened by emotional interdependence. Suicide and depression are different responses to the same situation of domestic injustice. The book also covers suicide as perceived by rural people outside the family; how suicide is viewed in politics; suicide prevention and studies of suicide in Chinese modern intellectual history. Showing that suicide in China is not mainly caused by too traditional values, but reflects a dilemma in Chinese modernity, this book should be of interest to students and scholars in Chinese studies; sociology; anthropology and suicide studies.

Civil Justice in China

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Author :
Publisher : Stanford University Press
ISBN 13 : 9780804734691
Total Pages : 290 pages
Book Rating : 4.7/5 (346 download)

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Book Synopsis Civil Justice in China by : Philip C. C. Huang

Download or read book Civil Justice in China written by Philip C. C. Huang and published by Stanford University Press. This book was released on 1996 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

The Chinese Worldview Regarding Justice and the Supernatural

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Author :
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Chinese Worldview Regarding Justice and the Supernatural by : Dora Shu-fang Dien

Download or read book The Chinese Worldview Regarding Justice and the Supernatural written by Dora Shu-fang Dien and published by . This book was released on 2007 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: China as an emerging world power is currently undergoing a tortuous process of reform in its legal system. China's difficulties are rooted in their worldview regarding justice and the supernatural. In contrast to the West, the Chinese do not regard divine powers as law-givers. In their view, since great antiquity laws have been created by human authorities for rulers to effectively control their subjects. This notion of rule by law is fundamentally different from the Western idea of rule of law based on protecting the rights of individual citizens. The Chinese emphasis on criminal justice is rooted in their conception of morality which is tied to their cosmology and supernatural beliefs. This book focuses on criminal justice by drawing upon court cases which appear in historical records. The author has included legendary stories, folk tales and wuxia (martial heroes or knights-errant) novels because they inform us in an interesting manner about the popular beliefs in justice and the supernatural, which guided the day-to-day action of the ordinary people. The author draws examples primarily from antiquity to the Song dynasty (960-1279) when these beliefs could very well be garnered from the rich sources of Zhe Yu Gui Jian (Exemplars in Judging Criminal Cases) containing 395 cases and Yi Jian Zhi (Accounts of Strange Happenings) containing 2,776 episodes, many of which involving the supernatural, as well as the captivating stories of the legendary Judge Bao who lived during the Song. This book concludes with a discussion of continuity and change down to the present in the context of a broad social and political landscape.

The Judicial System and Reform in Post-Mao China

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Author :
Publisher : Routledge
ISBN 13 : 131702656X
Total Pages : 298 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Judicial System and Reform in Post-Mao China by : Yuwen Li

Download or read book The Judicial System and Reform in Post-Mao China written by Yuwen Li and published by Routledge. This book was released on 2016-03-03 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Perspectives on Criminal Justice in China

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955867
Total Pages : 614 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Comparative Perspectives on Criminal Justice in China by : Michael McConville

Download or read book Comparative Perspectives on Criminal Justice in China written by Michael McConville and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Chinese Higher Education Reform and Social Justice

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Author :
Publisher : Routledge
ISBN 13 : 1134650256
Total Pages : 160 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Chinese Higher Education Reform and Social Justice by : Bin Wu

Download or read book Chinese Higher Education Reform and Social Justice written by Bin Wu and published by Routledge. This book was released on 2015-06-26 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In place of a distributive justice perspective which focuses simply on equal access to universities, this book presents a broader understanding of the relationship between Chinese higher education and economic and social change. The necessity for research on the place of universities in contemporary Chinese society may be seen from current debates about and policy towards issues of educational inequality at Chinese universities. Many questions arise as a consequence: What are the limitations of neo-liberalism in higher education policy and what are the alternatives? How has the Chinese government met the challenges of educational inequality, and what lessons may be learned from its recent initiatives? How may higher education enhance social justice in Chinese society given economic, social, and cultural inequality? What may be learned from the experience of Macau, Hong Kong, and of Taiwan in terms of achieving social justice in Chinese universities? These questions are considered by a group of leading scholars from both inside and outside China.