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.

Criminal Justice in China

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931911
Total Pages : 577 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Criminal Justice in China by : Mike McConville

Download or read book Criminal Justice in China written by Mike McConville and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: .Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'

Do Exclusionary Rules Ensure a Fair Trial?

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Author :
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless

Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Crime, Punishment, and Policing in China

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Author :
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 0742575594
Total Pages : 256 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis Crime, Punishment, and Policing in China by : Børge Bakken

Download or read book Crime, Punishment, and Policing in China written by Børge Bakken and published by Rowman & Littlefield Publishers. This book was released on 2005-03-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime long has been a silent partner in China's march to modernization, leading the regime to make law and order as central a priority as economic growth and the promise of prosperity. This groundbreaking study offers the first comprehensive and up-to-date analysis of Chinese crime, policing, and punishment. A multidisciplinary group of leading scholars draw on a rich body of empirical data and rare archival research to illuminate seldom-explored theoretical dimensions of legal ideology and reform as well as the linkages between crime and control to broader themes of law, modernization, and development. The authors balance comparative perspectives with an understanding of China's unique historical and cultural experience. This context is critical, the authors argue, as crime and control are at the root of modernity and how it is defined. In many ways the PRC is reliving the experiences of other industrializing countries, yet at the same time the practices of China's police and prison system also are painted with thick layers of historical memory. Order has become increasingly important in legitimizing the Chinese regime, but its practices and ideas of policing are often missing from our picture of Chinese social and political development. This important book's discussion of the paradoxes of policing and the problems of order bridges that gap and demystifies developments in China. All those interested in modern and contemporary Chinese politics, law, and society, as well as in comparative criminology and law, will find this work an invaluable resource. Contributions by: Børge Bakken, Frank Dikötter, Michael Dutton, James D. Seymour, Murray Scot Tanner, and Xu Zhangrun.

Corporate Crime in China

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Author :
Publisher : Routledge
ISBN 13 : 1317632834
Total Pages : 221 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Corporate Crime in China by : Zhenjie Zhou

Download or read book Corporate Crime in China written by Zhenjie Zhou and published by Routledge. This book was released on 2014-09-19 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Crime and Social Control in a Changing China

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313075034
Total Pages : 214 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Crime and Social Control in a Changing China by : Jianhong Liu

Download or read book Crime and Social Control in a Changing China written by Jianhong Liu and published by Bloomsbury Publishing USA. This book was released on 2001-08-30 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important edited collection of articles by both Chinese and American scholars attempts to promote a more accurate and in-depth understanding of crime and social control in China, as it undergoes significant cultural, economic, and social change. The editors contend that as the economic system has been transformed, many other social institutions in China have also experienced unprecedented changes, including legal institutions and other organizations responsible for social control. The essays focus on crime in China and summarize the major structural changes in Chinese society and their effects on crime and justice over the last ten to fifteen years, offer an overview of Chinese perspectives on crime, examine socio-economic changes and their impact on social control, and discuss changes in adults' and children's courts and the new changes in Chinese policing in Chinese society. Organized into four parts, this work addresses the nature, extent and special features of crime and delinquency in China under conditions of social change. It also investigates the question of the social correlation of changing patterns of crime. The impact of social transition on the changes in the grassroots level of social control is also discussed. Chinese law and criminal justice, with particular focus on the courts, police, and crime prevention are mentioned as well. This unique collection of essays is a timely and significant contribution to the fields of comparative criminology, social control, Chinese studies, and legal studies.

Four Criminal Procedure Case Studies in Comparative Perspective: China - Italy - Russia - U.S.A.

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Author :
Publisher : Stämpfli Verlag
ISBN 13 : 3727259442
Total Pages : 481 pages
Book Rating : 4.7/5 (272 download)

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Book Synopsis Four Criminal Procedure Case Studies in Comparative Perspective: China - Italy - Russia - U.S.A. by : Marco Fabri

Download or read book Four Criminal Procedure Case Studies in Comparative Perspective: China - Italy - Russia - U.S.A. written by Marco Fabri and published by Stämpfli Verlag. This book was released on 2016-02-17 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this volume are the result of cooperation between the Justice Partnership Programme in Hanoi and the Supreme Peoples Procuracy of Vietnam. The programme is co-funded by the European Union, Denmark and Sweden. Knowledge of the criminal procedures of other countries has been of particular importance to the drafters of the Criminal Procedure Code of Vietnam as they approximate the law to international standards. The essays contain detailed and systematic analyses of the criminal procedures in Italy, China, Russia and the United States of America. The common structure of the analyses and the meta-analyses of the editor of the book make a comparative study out of it. The study on the criminal procedure in China is one of the few on this subject ever published in English.

The Construction of Guilt in China

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509913033
Total Pages : 273 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Construction of Guilt in China by : Yu Mou

Download or read book The Construction of Guilt in China written by Yu Mou and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.

Comparative Policing from a Legal Perspective

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785369113
Total Pages : 491 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Policing from a Legal Perspective by : Monica den Boer

Download or read book Comparative Policing from a Legal Perspective written by Monica den Boer and published by Edward Elgar Publishing. This book was released on with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing, New material and findings are presented with an international-comparative perspective, it is a must-read for students of policing, security and law and professionals in related fields.

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.

Criminal Defense in China

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Publisher : Cambridge University Press
ISBN 13 : 1107162416
Total Pages : 227 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Criminal Defense in China by : Sida Liu

Download or read book Criminal Defense in China written by Sida Liu and published by Cambridge University Press. This book was released on 2016-11-14 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the struggles for basic legal freedoms in the work and political mobilization of defense lawyers in China's criminal justice system.

Ruling Before the Law

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Publisher : Cambridge University Press
ISBN 13 : 1108427200
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Ruling Before the Law by : William Hurst

Download or read book Ruling Before the Law written by William Hurst and published by Cambridge University Press. This book was released on 2018-04-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

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Author :
Publisher : BRILL
ISBN 13 : 9004386386
Total Pages : 100 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice by : Elisa Nesossi

Download or read book Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice written by Elisa Nesossi and published by BRILL. This book was released on 2018-09-04 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.

Comparative Criminal Justice

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Author :
Publisher : SAGE
ISBN 13 : 144624833X
Total Pages : 129 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Comparative Criminal Justice by : David Nelken

Download or read book Comparative Criminal Justice written by David Nelken and published by SAGE. This book was released on 2010-04-22 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues as how we can learn from other jurisdictions, compare ′like with like′, and balance explanation with understanding – for example, in making sense of national differences in prison rates. Careful attention is given to the question of how far globalisation challenges traditional ways of comparing units. The book also offers a number of helpful tips on methodology, showing why method and substance cannot and should not be separated when it comes to understanding other people′s systems of justice. Students and academics in criminology and criminal justice will find this book an invaluable resource. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.

Chinese Language in Law

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Author :
Publisher : Lexington Books
ISBN 13 : 1498503969
Total Pages : 215 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Chinese Language in Law by : Deborah Cao

Download or read book Chinese Language in Law written by Deborah Cao and published by Lexington Books. This book was released on 2017-11-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores some of the intricacies, dilemmas, and idiosyncrasies of the Chinese language used in the legal context, analyzing linguistic matters in both monolingual Chinese context and cross-linguistically when Chinese and English are compared. It investigates the linguistic and cultural landscape through an examination of a number of keywords and linguistic usage associated with Chinese law. It is suggested that to understand Chinese society and law, we need to understand the rich and idiosyncratic Chinese language and cultural traditions and the legal and political context and subtext, and also to be cognizant of the tension and interaction between legal norms and cultural and linguistic values in their legal realization in the changing Chinese society. The book is a collection of the author’s interpretation of Chinese law from a linguistic and cultural perspective, both as a user and interpreter of this ancient and changing language.

Contesting Crimmigration in Post-hukou China

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Author :
Publisher : Springer Nature
ISBN 13 : 3031076745
Total Pages : 232 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Contesting Crimmigration in Post-hukou China by : Tian Ma

Download or read book Contesting Crimmigration in Post-hukou China written by Tian Ma and published by Springer Nature. This book was released on 2022-08-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the criminalization trend and process regarding the internal migration in contemporary China from the perspective Law-in-Action. In Chinese society today, internal migrants are commonly perceived as criminals. Crimmigration, a global term that communicated the convergence of the criminal legal system and the immigration enforcement system, manifest itself in China’s hukou-based (also known as the household registration system) criminal legal system. How hukou has been constructed into the concept of Crimmigration in China strikes at the core of the ultimate questions of this book: who is being criminalized, how does the political-economic-cultural institution known as ‘hukou’ shape the criminal justice process, and how has the role of hukou changed over time in the ever-changing process? Drawing on interviews with police, prosecutors, criminal lawyers & judges, prison staff and migrant leaders in Yangtze River Delta, China, this book reflects on a historical development on hukou and its function in social control. Each chapter contributes to an extended analysis of pragmatic aspects of decision-making moments in the criminal justice system. This book will appeal to criminology researchers and students with in interest in law, politics, migration, and citizenship in contemporary China.

Comparative, International, and Global Justice

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Author :
Publisher : SAGE Publications
ISBN 13 : 1506337279
Total Pages : 593 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Comparative, International, and Global Justice by : Cyndi Banks

Download or read book Comparative, International, and Global Justice written by Cyndi Banks and published by SAGE Publications. This book was released on 2015-09-23 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.