Principles Of Chinese Criminal Procedure

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Principles of Chinese Criminal Procedure

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Author : Liling Yue
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934936
Total Pages : 248 pages
Book Rating : 4.5/5 (99 download)

Book Synopsis Principles of Chinese Criminal Procedure by : Liling Yue

Download or read book Principles of Chinese Criminal Procedure written by Liling Yue and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.

Opening to Reform?

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Author : Jonathan Hecht
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Opening to Reform? by : Jonathan Hecht

Download or read book Opening to Reform? written by Jonathan Hecht and published by . This book was released on 1996 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminal Law in China

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

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

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

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.

Reform and Development of Powers and Functions of China's Criminal Proceedings

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Author : Weidong Chen
Publisher : Springer Nature
ISBN 13 : 9811584311
Total Pages : 551 pages
Book Rating : 4.8/5 (115 download)

Book Synopsis Reform and Development of Powers and Functions of China's Criminal Proceedings by : Weidong Chen

Download or read book Reform and Development of Powers and Functions of China's Criminal Proceedings written by Weidong Chen and published by Springer Nature. This book was released on 2020-10-15 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

Criminal Court Procedures in the Chinese People's Republic

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

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:

Criminal Justice in Post-Mao China

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Author : Shao-chuan Leng
Publisher : SUNY Press
ISBN 13 : 9780873959506
Total Pages : 352 pages
Book Rating : 4.9/5 (595 download)

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.

Navigating Criminal Law in China

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

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.

Criminal Justice in China

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

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.'

Models of Criminal Procedure System

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Author : Ruihua Chen
Publisher : Springer Nature
ISBN 13 : 981193651X
Total Pages : 335 pages
Book Rating : 4.8/5 (119 download)

Book Synopsis Models of Criminal Procedure System by : Ruihua Chen

Download or read book Models of Criminal Procedure System written by Ruihua Chen and published by Springer Nature. This book was released on 2022-10-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

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

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

International Human Rights Law and the Advancement of the Right to a Fair Trial in China

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Author : DENG Hua
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480480
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

Book Synopsis International Human Rights Law and the Advancement of the Right to a Fair Trial in China by : DENG Hua

Download or read book International Human Rights Law and the Advancement of the Right to a Fair Trial in China written by DENG Hua and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-08-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Exclusionary Rule of Evidence

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Author : Kuo-hsing Hsieh
Publisher : Routledge
ISBN 13 : 1317032446
Total Pages : 263 pages
Book Rating : 4.3/5 (17 download)

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.

Comparative Perspectives on Criminal Justice in China

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Author : Michael McConville
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955867
Total Pages : 614 pages
Book Rating : 4.7/5 (819 download)

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.

Chinese Law: Context and Transformation

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Author : Jianfu Chen
Publisher : BRILL
ISBN 13 : 9004228896
Total Pages : 1131 pages
Book Rating : 4.0/5 (42 download)

Book Synopsis Chinese Law: Context and Transformation by : Jianfu Chen

Download or read book Chinese Law: Context and Transformation written by Jianfu Chen and published by BRILL. This book was released on 2015-12-04 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Interpreting China's Legal System

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Author : Lin Li
Publisher : World Scientific
ISBN 13 : 9813231327
Total Pages : 547 pages
Book Rating : 4.8/5 (132 download)

Book Synopsis Interpreting China's Legal System by : Lin Li

Download or read book Interpreting China's Legal System written by Lin Li and published by World Scientific. This book was released on 2018-01-03 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system.

Chinese Courts and Criminal Procedure

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Author : Björn Ahl
Publisher : Cambridge University Press
ISBN 13 : 1108833306
Total Pages : 301 pages
Book Rating : 4.1/5 (88 download)

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: This volume investigates questions linking institutional changes within the court system and legal environment with developments in criminal procedure law.