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Comparative Perspectives On Criminal Justice In China
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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.
Book Synopsis The Exclusionary Rule of Evidence by : Kuo-hsing Hsieh
Download or read book The Exclusionary Rule of Evidence written by Kuo-hsing Hsieh and published by Routledge. This book was released on 2016-03-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.
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.
Book Synopsis Legal Reforms and Deprivation of Liberty in Contemporary China by : Elisa Nesossi
Download or read book Legal Reforms and Deprivation of Liberty in Contemporary China written by Elisa Nesossi and published by Routledge. This book was released on 2016-06-03 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.
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.'
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
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 280 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.
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.
Book Synopsis The Making of Chinese Criminal Law by : Ying Ji
Download or read book The Making of Chinese Criminal Law written by Ying Ji and published by Routledge. This book was released on 2021-03-08 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
Book Synopsis Police Corruption in Comparative Perspective by : George Chak Man Lee
Download or read book Police Corruption in Comparative Perspective written by George Chak Man Lee and published by Routledge. This book was released on 2019-08-08 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has rapid economic modernization in China and India impacted upon policing? To what extent are the two police forces trusted by its citizens? Do the police carry out their duties in a fair and unbiased fashion? What does police corruption look like and why does it persist? And what are the influencing factors in decision-making at the moments-of-truth? Filling the lacuna of research into the police in China and India, this book offers a unique comparative study of the prevalence, nature and organization of police corruption in these countries. This book provides key insights into the relationships between rapid economic modernisation, urbanisation and crime, and its effects on police organisational culture and behaviour as well as on ethical decision making. Moreover, this book performs an audit on which country is better placed to tackle corruption and professionalise their police service. It offers a major contribution to comparative research on criminal justice. It is essential reading for all policing scholars and will be of interest to students of criminology, social and political sciences, development studies, Asian studies, and post-colonial studies.
Book Synopsis Restorative Justice in China by : Xiaoyu Yuan
Download or read book Restorative Justice in China written by Xiaoyu Yuan and published by . This book was released on 2017 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides insights into the history, development, and practice of restorative justice methods in China. Traditionally in China, mediation has played an important role in criminal proceedings, which has many characteristics in common with the "Western" concept of restorative justice. Through case studies and theoretical examination, the author of this timely work aims to bridge the research on restorative justice models mainly developed in the West with restorative justice as practiced in China. After a Brief overview and introduction, the author compares and contrasts case studies of restorative justice-like practices from different districts in China. The author examines cases studies from several regions within China, and explores the key question: can the restoration model developed in the West take root in China, and if so what legal, cultural and societal accommodations may need to be made? This work will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in alternative justice practices, restorative justice, and international comparative criminology; as well as researchers interested in Chinese affairs or Asian Studies. .--
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.
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 249 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.
Book Synopsis Crime and Control in Comparative Perspectives by : Hans-Günther Heiland
Download or read book Crime and Control in Comparative Perspectives written by Hans-Günther Heiland and published by Walter de Gruyter. This book was released on 2012-01-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Book Synopsis Transnational Crime by : Valsamis Mitsilegas
Download or read book Transnational Crime written by Valsamis Mitsilegas and published by Routledge. This book was released on 2018-09-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other’s experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation. This book will be of use to students and academics of comparative criminal justice and anyone interested in transnational crime.
