Criminal Law 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 Law in China

Author : Shizhou Wang
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041195289
Total Pages : 260 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Criminal Law in China by : Shizhou Wang

Download or read book Criminal Law in China written by Shizhou Wang and published by Kluwer Law International B.V.. This book was released on 2017-11-20 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.

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.

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.

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 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:

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.

China and the International Criminal Court

Author : Dan Zhu
Publisher : Springer
ISBN 13 : 9811073740
Total Pages : 298 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis China and the International Criminal Court by : Dan Zhu

Download or read book China and the International Criminal Court written by Dan Zhu and published by Springer. This book was released on 2018-02-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China’s engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China’s accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China’s interactions with international judicial bodies, and uses the ICC as an example to reflect China’s engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China’s engagement with the ICC primarily from a legal perspective.

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.

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.

Navigating Criminal Law in China

Author : Aspatore, Inc
Publisher : Aspatore Books
ISBN 13 : 9780314286796
Total Pages : 0 pages
Book Rating : 4.2/5 (867 download)

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Book Synopsis Navigating Criminal Law in China by : Aspatore, Inc

Download or read book Navigating Criminal Law in China written by Aspatore, Inc and published by Aspatore Books. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navigating Criminal Law in China provides an authoritative, insiders perspective on the principles and organization of the Chinese legal system and offers valuable insight into the Peoples Republic of China (PRC) Criminal Law and Criminal Procedure Law. Featuring partners and chairs from some of Chinas leading law firms, this book guides the reader through the process of demystifying the structure of Chinese criminal law and the implications for effective defense strategies. These top lawyers provide guidance on the history, major elements, and recent developments of the Chinese criminal code with special focus on the Criminal Laws Eighth Amendment, enacted in 2011. Finally, these leaders share their thoughts on the criminal trial process, offering practical insights and references to key criminal cases in China. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer their thoughts on the evolution of criminal practice in China.

Studies in Global Animal Law

Author : Anne Peters
Publisher : Springer Nature
ISBN 13 : 3662607565
Total Pages : 180 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Studies in Global Animal Law by : Anne Peters

Download or read book Studies in Global Animal Law written by Anne Peters and published by Springer Nature. This book was released on 2020-01-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.

China's Death Penalty

Author : Hong Lu
Publisher : Routledge
ISBN 13 : 1135914915
Total Pages : 326 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis China's Death Penalty by : Hong Lu

Download or read book China's Death Penalty written by Hong Lu and published by Routledge. This book was released on 2010-06-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.

New Crime in China

Author : Ronald Keith
Publisher : Routledge
ISBN 13 : 1134378394
Total Pages : 241 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis New Crime in China by : Ronald Keith

Download or read book New Crime in China written by Ronald Keith and published by Routledge. This book was released on 2005-12-16 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the crimes that have recently been of the greatest concern in China, the authors assess the imbalance between public order and human rights in the way the Chinese legal system deals with crime. The issue of crime is of particular importance, both because current social upheaval in China has greatly contributed to the increase of new crimes, and because there is increasing international interest in Chinese law following the country’s accession to the World Trade Organization. This is an in-depth study on contemporary Chinese law reform, presenting a fascinating portrait of a society and legal system grappling with vast social change.

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.