Criminal Court Procedures In The Chinese Peoples Republic

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Criminal Justice in Post-Mao China

Author : Shao-Chuan Leng
Publisher : SUNY Press
ISBN 13 : 9780873959490
Total Pages : 352 pages
Book Rating : 4.9/5 (594 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 1985-01-01 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.

Selected Cases from the Supreme People’s Court of the People’s Republic of China

Author : Law Press China for
Publisher : Springer
ISBN 13 : 9789811503443
Total Pages : 402 pages
Book Rating : 4.5/5 (34 download)

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Book Synopsis Selected Cases from the Supreme People’s Court of the People’s Republic of China by : Law Press China for

Download or read book Selected Cases from the Supreme People’s Court of the People’s Republic of China written by Law Press China for and published by Springer. This book was released on 2020-11-26 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Council/Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), “Hot Cases” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opted to publish “Selected Cases from the Supreme People’s Court of the People’s Republic of China” in both Chinese and English, for domestic and overseas distribution.

Dispute Resolution in the People’s Republic of China

Author : Zhiqiong June Wang
Publisher : BRILL
ISBN 13 : 900433128X
Total Pages : 339 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Dispute Resolution in the People’s Republic of China by : Zhiqiong June Wang

Download or read book Dispute Resolution in the People’s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.

Criminal Court Procedures in the Chinese People's Republic

Author : Vladimir Evgene̕vich Chugonov
Publisher :
ISBN 13 :
Total Pages : 506 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Criminal Court Procedures in the Chinese People's Republic by : Vladimir Evgene̕vich Chugonov

Download or read book Criminal Court Procedures in the Chinese People's Republic written by Vladimir Evgene̕vich Chugonov and published by . This book was released on 1961 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Do Exclusionary Rules Ensure a Fair Trial?

Author : Sabine Gless
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.

A Realist Perspective on China and the International Criminal Court

Author : XIAO Jingren
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081732
Total Pages : 4 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis A Realist Perspective on China and the International Criminal Court by : XIAO Jingren

Download or read book A Realist Perspective on China and the International Criminal Court written by XIAO Jingren and published by Torkel Opsahl Academic EPublisher. This book was released on 2013-07-17 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Social Control in the People's Republic of China

Author : Ronald J. Troyer
Publisher : Praeger
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Social Control in the People's Republic of China by : Ronald J. Troyer

Download or read book Social Control in the People's Republic of China written by Ronald J. Troyer and published by Praeger. This book was released on 1989-09-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Reform and Administrative Detention Powers in China

Author : Sarah Biddulph
Publisher : Cambridge University Press
ISBN 13 : 113946809X
Total Pages : 51 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legal Reform and Administrative Detention Powers in China by : Sarah Biddulph

Download or read book Legal Reform and Administrative Detention Powers in China written by Sarah Biddulph and published by Cambridge University Press. This book was released on 2007-12-20 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

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

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004234454
Total Pages : 348 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Criminal Law and Criminal Procedure Law in the People's Republic of China by : Jianfu Chen

Download or read book Criminal Law and Criminal Procedure Law in the People's Republic of China written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2013-06-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Criminal Process in the People's Republic of China, 1949-1963

Author : Jerome Alan Cohen
Publisher : Harvard University Press
ISBN 13 : 9780674176508
Total Pages : 742 pages
Book Rating : 4.1/5 (765 download)

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Book Synopsis The Criminal Process in the People's Republic of China, 1949-1963 by : Jerome Alan Cohen

Download or read book The Criminal Process in the People's Republic of China, 1949-1963 written by Jerome Alan Cohen and published by Harvard University Press. This book was released on 1968 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Limits of the Rule of Law in China

Author : Karen G. Turner
Publisher : University of Washington Press
ISBN 13 : 0295803894
Total Pages : 384 pages
Book Rating : 4.2/5 (958 download)

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Book Synopsis The Limits of the Rule of Law in China by : Karen G. Turner

Download or read book The Limits of the Rule of Law in China written by Karen G. Turner and published by University of Washington Press. This book was released on 2015-05-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Constitutional Courts in Asia

Author : Hongyi Chen
Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutional Courts in Asia by : Hongyi Chen

Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Constitutional Law in China

Author : Xu Chongde
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403507322
Total Pages : 206 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in China by : Xu Chongde

Download or read book Constitutional Law in China written by Xu Chongde and published by Kluwer Law International B.V.. This book was released on 2019-02-14 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Criminal Court Proceedings in the Chinese People's Republic ...

Author : Vladimir Evgenʹevich Chugunov
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.:/5 (7 download)

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Book Synopsis Criminal Court Proceedings in the Chinese People's Republic ... by : Vladimir Evgenʹevich Chugunov

Download or read book Criminal Court Proceedings in the Chinese People's Republic ... written by Vladimir Evgenʹevich Chugunov and published by . This book was released on 1961 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Civil Code of the People’s Republic of China

Author : Durham Law School
Publisher : BRILL
ISBN 13 : 9004468285
Total Pages : 477 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Civil Code of the People’s Republic of China by : Durham Law School

Download or read book The Civil Code of the People’s Republic of China written by Durham Law School and published by BRILL. This book was released on 2021-10-18 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.

Criminal Defense in China

Author : Sida Liu
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.

Implementation of Law in the People's Republic of China

Author : Jianfu Chen
Publisher : BRILL
ISBN 13 : 9004481184
Total Pages : 386 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Implementation of Law in the People's Republic of China by : Jianfu Chen

Download or read book Implementation of Law in the People's Republic of China written by Jianfu Chen and published by BRILL. This book was released on 2021-08-04 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.