Criminal Justice In China

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Criminal Justice in China

Author : Klaus Mu_hlhahn
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.

Criminal Justice in Post-Mao China

Author : Shao-chuan Leng
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 Peoples Republic of China. Chinas 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 PRCs first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese lawthe development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice systemsuch as the court, the procuracy, lawyers, and criminal procedureand 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 Chinas 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

Author : Mike McConville
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.'

Comparative Perspectives on Criminal Justice in China

Author : Michael McConville
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.

The Construction of Guilt in China

Author : Yu Mou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913041
Total Pages : 280 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 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.

Chinese Courts and Criminal Procedure

Author : Björn Ahl
Publisher : Cambridge University Press
ISBN 13 : 1108976115
Total Pages : 301 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Chinese Courts and Criminal Procedure by : Björn Ahl

Download or read book Chinese Courts and Criminal Procedure written by Björn Ahl and published by Cambridge University Press. This book was released on 2021-07-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.

Justice

Author : Flora Sapio
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.

Back from the Dead

Author : He Jiahong
Publisher : University of Hawaii Press
ISBN 13 : 0824856651
Total Pages : 265 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Back from the Dead by : He Jiahong

Download or read book Back from the Dead written by He Jiahong and published by University of Hawaii Press. This book was released on 2016-03-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.

A Question of Intent

Author : Jennifer M. Neighbors
Publisher : BRILL
ISBN 13 : 900433016X
Total Pages : 281 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis A Question of Intent by : Jennifer M. Neighbors

Download or read book A Question of Intent written by Jennifer M. Neighbors and published by BRILL. This book was released on 2018-04-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Question of Intent, Jennifer M. Neighbors unpacks the complicated late imperial homicide continuum and its Republican-era counterpart, revealing a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law.

Courts and Criminal Justice in Contemporary China

Author : Susan Trevaskes
Publisher : Lexington Books
ISBN 13 : 9780739119877
Total Pages : 244 pages
Book Rating : 4.1/5 (198 download)

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Book Synopsis Courts and Criminal Justice in Contemporary China by : Susan Trevaskes

Download or read book Courts and Criminal Justice in Contemporary China written by Susan Trevaskes and published by Lexington Books. This book was released on 2007 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts and Criminal Justice in Contemporary China is a study of Chinese judicial power as it is manifested in law-and-order campaigns and shame punishment. Dr. Sue Trevaskes examines today's court practices and their antecedents in China by exploring "law on display" in local court trials, rallies, and campaigns. By emphasizing the justice system of the 1980s it becomes apparent how criminal court practices in this period set the foundation for practices into the Twenty-First Century. Trevaskes argues that many aspects of Chinese law, especially civil and economic law, have developed into modern and sophisticated systems of justice administration, criminal law has not. Courts and Criminal Justice in Contemporary China is suitable for graduate students and researchers of Asian Studies.

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.

Corporate Crime in China

Author : Zhenjie Zhou
Publisher : Routledge
ISBN 13 : 1317632834
Total Pages : 204 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 204 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 Justice in Japan and China

Author : L. Craig Parker
Publisher :
ISBN 13 : 9781611630862
Total Pages : 0 pages
Book Rating : 4.6/5 (38 download)

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Book Synopsis Crime and Justice in Japan and China by : L. Craig Parker

Download or read book Crime and Justice in Japan and China written by L. Craig Parker and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are many exciting and emerging developments in the justice systems of Japan and China. This book offers an analysis of the two systems with comparisons to the United States' system of criminal justice. Many of the issues explored reflect the fascinating cultural and historical foundations of the two countries. While sharing some interesting similarities, there are vast differences in how the criminal justice systems operate. One of the major themes of Crime and Justice in Japan and China is an examination of how each society's culture has influenced crime and justice. In fact it is evident that the cultural, economic and historical influences of these two Asian giants have had a more profound influence on their justice systems than the police, courts and prisons. "The discussion of the criminal justice system of and crime in Japan is an excellent introduction to these topics for the general reader and students new to the field of comparative criminal justice ... [R]eaders will come away with a better understanding of the highly politicized nature of the Chinese criminal justice system." --CHOICE Magazine

The Introduction of Modern Criminal Law in China

Author : Marinus Johan Meijer
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Introduction of Modern Criminal Law in China by : Marinus Johan Meijer

Download or read book The Introduction of Modern Criminal Law in China written by Marinus Johan Meijer and published by . This book was released on 1967 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Routledge Handbook of Chinese Criminology

Author : Liqun Cao
Publisher : Routledge
ISBN 13 : 1135021457
Total Pages : 384 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis The Routledge Handbook of Chinese Criminology by : Liqun Cao

Download or read book The Routledge Handbook of Chinese Criminology written by Liqun Cao and published by Routledge. This book was released on 2013-07-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world’s second largest economy, China has made great progress in developing criminology. The Routledge Handbook of Chinese Criminology aims to be a key reference point to summarize the large body of literature in both Chinese and English about various aspects of crime and its control in China for international scholars with an interest in the development of criminological research on and in the Greater China region, and for everyone with a broad interest in international criminology. The editors of the handbook have selected authoritative contributors recognized for their research and scholarship on China, Hong Kong Macao, and Taiwan. This handbook consists of five sections: An account of the development of criminology as an academic discipline in modern China, as well as some of the unique theories, strategies, or philosophies of crime control that have emerged, An analysis of the criminal justice system in China, including the police, the courts, corrections, juvenile justice and the death penalty, An exploration of the issues and problems in conducting research in China, Reflections on the nature of crime and criminality in China, including drugs, prostitution, human trafficking, corruption, floating population, domestic violence, and white-collar crime, An account of crime and criminal justice in Taiwan, Hong Kong, and Macao. The book presents a coherent and comprehensive collection of essays on current research and theory in criminology, crime and justice in China and Greater China, and the Editors’ Introduction and Conclusion provide further contextualisation of the Handbook’s key themes.

Crime and Social Control in a Changing China

Author : Jianhong Liu
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.

The Chinese Worldview Regarding Justice and the Supernatural

Author : Dora Shu-fang Dien
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.