Chinese Law And Justice

Author : Hungdah Chiu
Publisher : Unknown
Page : 54 pages
File Size : 49,8 Mb
Release : 1982
Category : Law
ISBN : STANFORD:36105027075444

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Chinese Law and Justice by Hungdah Chiu Pdf

Author : Xiaoqun Xu
Publisher : Oxford University Press
Page : 352 pages
File Size : 47,7 Mb
Release : 2020-08-03
Category : History
ISBN : 9780190060053

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Heaven Has Eyes by Xiaoqun Xu Pdf

Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.

Author : Weifang He
Publisher : Brookings Institution Press
Page : 324 pages
File Size : 44,9 Mb
Release : 2012-11-05
Category : Political Science
ISBN : 9780815722915

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In the Name of Justice by Weifang He Pdf

Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

Author : Anonim
Publisher : Stanford University Press
Page : 252 pages
File Size : 44,9 Mb
Release : 2005-02-04
Category : History
ISBN : 9780804779289

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Engaging the Law in China by Anonim Pdf

This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.

Author : Klaus Mu_hlhahn,Professor Klaus M?hlhahn
Publisher : Harvard University Press
Page : 378 pages
File Size : 47,6 Mb
Release : 2009-04-30
Category : Law
ISBN : 0674054334

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Criminal Justice in China by Klaus Mu_hlhahn,Professor Klaus M?hlhahn Pdf

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.

Author : Bee Chen Goh
Publisher : Unknown
Page : 168 pages
File Size : 44,5 Mb
Release : 2018-09-18
Category : Electronic
ISBN : 1138380083

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Law Without Lawyers, Justice Without Courts by Bee Chen Goh Pdf

The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.

Author : Jennifer M. Neighbors
Publisher : BRILL
Page : 281 pages
File Size : 51,8 Mb
Release : 2018-04-17
Category : Law
ISBN : 9789004330160

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A Question of Intent by Jennifer M. Neighbors Pdf

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.

Author : Jeffrey C. Kinkley
Publisher : Stanford University Press
Page : 534 pages
File Size : 46,6 Mb
Release : 2000
Category : Literary Collections
ISBN : 0804739765

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Chinese Justice, the Fiction by Jeffrey C. Kinkley Pdf

This is a full-length study of Chinese crime fiction in all eras: ancient, modern, and contemporary. It is also the first book to apply legal scholars law and literature inquiry to the rich field of Chinese legal and literary culture.

Author : Li Chen,Madeleine Zelin
Publisher : BRILL
Page : 410 pages
File Size : 42,5 Mb
Release : 2015-01-27
Category : History
ISBN : 9789004288492

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Chinese Law by Li Chen,Madeleine Zelin Pdf

The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.

Author : Shao-chuan Leng,Hungdah Chiu
Publisher : SUNY Press
Page : 352 pages
File Size : 52,8 Mb
Release : 1985-06-30
Category : Political Science
ISBN : 0873959507

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Criminal Justice in Post-Mao China by Shao-chuan Leng,Hungdah Chiu Pdf

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.

Author : Li Chen
Publisher : Columbia University Press
Page : 417 pages
File Size : 47,8 Mb
Release : 2015-12-22
Category : History
ISBN : 9780231540216

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Chinese Law in Imperial Eyes by Li Chen Pdf

How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.

Author : Margaret Y. K. Woo,Mary E. Gallagher
Publisher : Cambridge University Press
Page : 433 pages
File Size : 51,6 Mb
Release : 2011-04-25
Category : Law
ISBN : 9781139499293

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Chinese Justice by Margaret Y. K. Woo,Mary E. Gallagher Pdf

This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.

Author : Ronald C. Keith
Publisher : Springer
Page : 315 pages
File Size : 55,9 Mb
Release : 2001-01-11
Category : Political Science
ISBN : 9780230511156

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Law and Justice in China's New Marketplace by Ronald C. Keith Pdf

Law and Justice in China's New Marketplace provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the 'socialist market economy'. New 'pluralized jurisprudence' has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property law and procedural or judicial justice.

Author : Flora Sapio,Susan Trevaskes,Sarah Biddulph,Elisa Nesossi
Publisher : Cambridge University Press
Page : 411 pages
File Size : 40,6 Mb
Release : 2017-07-27
Category : Law
ISBN : 9781107190429

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Justice by Flora Sapio,Susan Trevaskes,Sarah Biddulph,Elisa Nesossi Pdf

A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.

Author : ZUZANNA KOPANIA,IGOR SZPOTAKOWSKI
Publisher : Wydawnictwo Naukowe ArchaeGraph
Page : 82 pages
File Size : 49,8 Mb
Release : 2020-09-01
Category : Antiques & Collectibles
ISBN : 9788366709485

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CHINESE LAW RESEARCH GUIDE by ZUZANNA KOPANIA,IGOR SZPOTAKOWSKI Pdf

A journey of a thousand miles begins with a single step. This Research Guide will be the first step in your journey with Chinese law. China grows more important every day from a global perspective. However, studying and conducting research on Chinese law can be extremely challenging, especially if you do not know Mandarin well. This book is intended as a compact but comprehensive research guide that would provide students (especially those who are preparing coursework or dissertations about Chinese law), researchers and legal practitioners with the necessary knowledge about how to conduct effective Chinese legal research.