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Author : Vladimir Evgene̕vich Chugonov,Vladimir Evgen'evich Chugunov
Publisher : Unknown
Page : 506 pages
File Size : 41,6 Mb
Release : 1961
Category : Criminal procedure
ISBN : STANFORD:36105044667132
Author : Jerome Alan Cohen
Publisher : Harvard University Press
Page : 742 pages
File Size : 47,5 Mb
Release : 1968
Category : Law
ISBN : 0674176502
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 Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes.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.
Author : Jianfu Chen,Yuwen Li,Jan Michiel Otto
Publisher : BRILL
Page : 386 pages
File Size : 55,5 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004481183
China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.
Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
Page : 348 pages
File Size : 54,5 Mb
Release : 2013-06-15
Category : Law
ISBN : 9789004234451
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.
Author : Shao-Chuan Leng,Hungdah Chiu
Publisher : SUNY Press
Page : 352 pages
File Size : 47,5 Mb
Release : 1985-01-01
Category : Law
ISBN : 0873959493
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 : Timothy A. Gelatt,Lawyers Committee for Human Rights (U.S.)
Publisher : Unknown
Page : 112 pages
File Size : 50,6 Mb
Release : 1993
Category : China
ISBN : STANFORD:36105061112228
Author : Hongyi Chen
Publisher : Butterworth-Heinemann
Page : 360 pages
File Size : 43,7 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105063210988
Author : China
Publisher : Fred B. Rothman
Page : 184 pages
File Size : 43,9 Mb
Release : 1985
Category : Criminal law
ISBN : STANFORD:36105043875819
Author : China,Wei Luo
Publisher : William s Hein & Company
Page : 397 pages
File Size : 49,7 Mb
Release : 2000-01-01
Category : Law
ISBN : 1575884917
Drawing on his training in both Chinese and American law,Luo cuts through the rhetoric surrounding China's amendedCriminal Procedure Law and focuses attention on the lawitself.
Author : Jonathan Hecht
Publisher : Unknown
Page : 100 pages
File Size : 49,5 Mb
Release : 1996
Category : Law
ISBN : STANFORD:36105061867458
Author : XIAO Jingren,ZHANG Xin
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 43,8 Mb
Release : 2013-07-17
Category : Law
ISBN : 9788293081739
Author : Jue Jiang
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 42,9 Mb
Release : 2016-10-28
Category : Law
ISBN : 9781785363115
Criminal reconciliation, a special procedure stipulated in PRC’s 2013 Criminal Procedure Law, allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies on pilot practices of this mechanism in three cities in China, this book argues that criminal reconciliation enables abuses of power and infringement of the parties’ access to justice. This programme further throws light on certain fundamental problems with the wider criminal justice system.
Author : DENG Hua
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 46,5 Mb
Release : 2016-08-29
Category : Law
ISBN : 9788283480481
Author : Elisa Nesossi,Susan Trevaskes
Publisher : BRILL
Page : 100 pages
File Size : 52,6 Mb
Release : 2018-09-04
Category : Political Science
ISBN : 9789004386389
This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China
Author : Michael McConville
Publisher : Edward Elgar Publishing
Page : 614 pages
File Size : 42,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781955864
'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.
