Comparative Perspectives On Criminal Justice In China

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Comparative Perspectives on Criminal Justice in China

Michael McConville
Comparative Perspectives on Criminal Justice in China Book PDF

Author : Michael McConville
Publisher : Edward Elgar Publishing
Page : 614 pages
File Size : 44,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781955864

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Comparative Perspectives on Criminal Justice in China by Michael McConville Pdf

'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 Exclusionary Rule of Evidence

Kuo-hsing Hsieh
The Exclusionary Rule of Evidence Book PDF

Author : Kuo-hsing Hsieh
Publisher : Routledge
Page : 263 pages
File Size : 41,5 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317032441

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The Exclusionary Rule of Evidence by Kuo-hsing Hsieh Pdf

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.

The Construction of Guilt in China

Yu Mou
The Construction of Guilt in China Book PDF

Author : Yu Mou
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 42,8 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781509913046

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The Construction of Guilt in China by Yu Mou Pdf

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.

Crime and Social Control in a Changing China

Jianhong Liu,Lening Zhang,Steven F. Messner
Crime and Social Control in a Changing China Book PDF

Author : Jianhong Liu,Lening Zhang,Steven F. Messner
Publisher : Bloomsbury Publishing USA
Page : 214 pages
File Size : 45,7 Mb
Release : 2001-08-30
Category : Law
ISBN : 9780313075032

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Crime and Social Control in a Changing China by Jianhong Liu,Lening Zhang,Steven F. Messner Pdf

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.

Legal Reforms and Deprivation of Liberty in Contemporary China

Elisa Nesossi,Sarah Biddulph,Flora Sapio,Susan Trevaskes
Legal Reforms and Deprivation of Liberty in Contemporary China Book PDF

Author : Elisa Nesossi,Sarah Biddulph,Flora Sapio,Susan Trevaskes
Publisher : Routledge
Page : 186 pages
File Size : 52,7 Mb
Release : 2016-06-03
Category : Law
ISBN : 9781317106067

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Legal Reforms and Deprivation of Liberty in Contemporary China by Elisa Nesossi,Sarah Biddulph,Flora Sapio,Susan Trevaskes Pdf

The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

Elisa Nesossi,Susan Trevaskes
Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice Book PDF

Author : Elisa Nesossi,Susan Trevaskes
Publisher : BRILL
Page : 100 pages
File Size : 42,7 Mb
Release : 2018-09-04
Category : Political Science
ISBN : 9789004386389

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Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice by Elisa Nesossi,Susan Trevaskes Pdf

This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China

Police Corruption in Comparative Perspective

George Chak Man Lee
Police Corruption in Comparative Perspective Book PDF

Author : George Chak Man Lee
Publisher : Routledge
Page : 275 pages
File Size : 40,5 Mb
Release : 2019-08-08
Category : Social Science
ISBN : 9781000627435

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Police Corruption in Comparative Perspective by George Chak Man Lee Pdf

How has rapid economic modernization in China and India impacted upon policing? To what extent are the two police forces trusted by its citizens? Do the police carry out their duties in a fair and unbiased fashion? What does police corruption look like and why does it persist? And what are the influencing factors in decision-making at the moments-of-truth? Filling the lacuna of research into the police in China and India, this book offers a unique comparative study of the prevalence, nature and organization of police corruption in these countries. This book provides key insights into the relationships between rapid economic modernisation, urbanisation and crime, and its effects on police organisational culture and behaviour as well as on ethical decision making. Moreover, this book performs an audit on which country is better placed to tackle corruption and professionalise their police service. It offers a major contribution to comparative research on criminal justice. It is essential reading for all policing scholars and will be of interest to students of criminology, social and political sciences, development studies, Asian studies, and post-colonial studies.

The Making of Chinese Criminal Law

Ying Ji
The Making of Chinese Criminal Law Book PDF

Author : Ying Ji
Publisher : Routledge
Page : 129 pages
File Size : 45,8 Mb
Release : 2021-03-08
Category : Law
ISBN : 9781000351224

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The Making of Chinese Criminal Law by Ying Ji Pdf

By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.

Restorative Justice in China

Xiaoyu Yuan
Restorative Justice in China Book PDF

Author : Xiaoyu Yuan
Publisher : Unknown
Page : 212 pages
File Size : 44,7 Mb
Release : 2017
Category : Asia-Politics and government
ISBN : 3319639234

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Restorative Justice in China by Xiaoyu Yuan Pdf

This book provides insights into the history, development, and practice of restorative justice methods in China. Traditionally in China, mediation has played an important role in criminal proceedings, which has many characteristics in common with the "Western" concept of restorative justice. Through case studies and theoretical examination, the author of this timely work aims to bridge the research on restorative justice models mainly developed in the West with restorative justice as practiced in China. After a Brief overview and introduction, the author compares and contrasts case studies of restorative justice-like practices from different districts in China. The author examines cases studies from several regions within China, and explores the key question: can the restoration model developed in the West take root in China, and if so what legal, cultural and societal accommodations may need to be made? This work will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in alternative justice practices, restorative justice, and international comparative criminology; as well as researchers interested in Chinese affairs or Asian Studies. .--

Criminal Justice in China

Mike McConville
Criminal Justice in China Book PDF

Author : Mike McConville
Publisher : Edward Elgar Publishing
Page : 577 pages
File Size : 41,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931917

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Criminal Justice in China by Mike McConville Pdf

.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.'

Four Criminal Procedure Case Studies in Comparative Perspective: China - Italy - Russia - U.S.A.

Marco Fabri
Four Criminal Procedure Case Studies in Comparative Perspective China Italy Russia U S A Book PDF

Author : Marco Fabri
Publisher : Stämpfli Verlag
Page : 481 pages
File Size : 46,6 Mb
Release : 2016-02-17
Category : Law
ISBN : 9783727259449

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Four Criminal Procedure Case Studies in Comparative Perspective: China - Italy - Russia - U.S.A. by Marco Fabri Pdf

The essays collected in this volume are the result of cooperation between the Justice Partnership Programme in Hanoi and the Supreme Peoples Procuracy of Vietnam. The programme is co-funded by the European Union, Denmark and Sweden. Knowledge of the criminal procedures of other countries has been of particular importance to the drafters of the Criminal Procedure Code of Vietnam as they approximate the law to international standards. The essays contain detailed and systematic analyses of the criminal procedures in Italy, China, Russia and the United States of America. The common structure of the analyses and the meta-analyses of the editor of the book make a comparative study out of it. The study on the criminal procedure in China is one of the few on this subject ever published in English.

The Judicial System and Reform in Post-Mao China

Dr Yuwen Li
The Judicial System and Reform in Post Mao China Book PDF

Author : Dr Yuwen Li
Publisher : Ashgate Publishing, Ltd.
Page : 305 pages
File Size : 50,5 Mb
Release : 2014-11-28
Category : Law
ISBN : 9781472436078

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The Judicial System and Reform in Post-Mao China by Dr Yuwen Li Pdf

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

The Judicial System and Reform in Post-Mao China

Yuwen Li
The Judicial System and Reform in Post Mao China Book PDF

Author : Yuwen Li
Publisher : Routledge
Page : 298 pages
File Size : 43,7 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317026556

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The Judicial System and Reform in Post-Mao China by Yuwen Li Pdf

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Corporate Crime in China

Zhenjie Zhou
Corporate Crime in China Book PDF

Author : Zhenjie Zhou
Publisher : Routledge
Page : 249 pages
File Size : 48,5 Mb
Release : 2014-09-19
Category : Business & Economics
ISBN : 9781317632825

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Corporate Crime in China by Zhenjie Zhou Pdf

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.

Principles of Chinese Criminal Procedure

Liling Yue
Principles of Chinese Criminal Procedure Book PDF

Author : Liling Yue
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 53,6 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781509934935

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Principles of Chinese Criminal Procedure by Liling Yue Pdf

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.