Criminal Justice In Post Mao China

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Criminal Justice in Post-Mao China

Shao-chuan Leng,Hungdah Chiu
Criminal Justice in Post Mao China Book PDF

Author : Shao-chuan Leng,Hungdah Chiu
Publisher : SUNY Press
Page : 352 pages
File Size : 42,5 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.

Social Control in the People's Republic of China

Ronald J. Troyer,John P. Clark,Dean G. Rojek
Social Control in the People s Republic of China Book PDF

Author : Ronald J. Troyer,John P. Clark,Dean G. Rojek
Publisher : Praeger
Page : 240 pages
File Size : 50,9 Mb
Release : 1989-09-07
Category : Education
ISBN : UOM:39015005596575

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Social Control in the People's Republic of China by Ronald J. Troyer,John P. Clark,Dean G. Rojek Pdf

Where other books have discussed selected social practices in China, this volume is unique in its coverage of the entire social control apparatus of that country. The contributors to this comprehensive study describe the design and operation of the Chinese social control system. Drawing on data gathered in China, the book introduces readers to China's unusual blend of formal and informal devices at the individual and neighborhood level up through the formal criminal justice system. This social control approach stresses citizen involvement and emphasizes prevention rather than reaction. The various chapters describe how the criminal justice system operates when these devices fail. The book's primary conclusion is that the low rates of deviance in China are a consequence of extensive social control efforts at the grassroots level. These grassroots devices are carefully controlled by the government. At the same time, however, China is rapidly changing. There is an extensive development of a formal criminal justice system and rapid economic development. The contributors predict that China's crime rate will rise as these trends continue. Professional criminologists, as well as students and scholars of criminology, delinquency, and comparative criminal justice systems, will find this book a valuable resource.

Criminal Justice in China

Klaus Mu_hlhahn,Professor Klaus M?hlhahn
Criminal Justice in China Book PDF

Author : Klaus Mu_hlhahn,Professor Klaus M?hlhahn
Publisher : Harvard University Press
Page : 378 pages
File Size : 40,7 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.

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 : 51,6 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.

Bird in a Cage

Stanley B. Lubman
Bird in a Cage Book PDF

Author : Stanley B. Lubman
Publisher : Stanford University Press
Page : 464 pages
File Size : 55,7 Mb
Release : 1999
Category : Law
ISBN : 0804743789

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Bird in a Cage by Stanley B. Lubman Pdf

This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Criminal Justice in Post-Mao China

Shao-Chuan Leng,Hungdah Chiu
Criminal Justice in Post Mao China Book PDF

Author : Shao-Chuan Leng,Hungdah Chiu
Publisher : SUNY Press
Page : 352 pages
File Size : 41,5 Mb
Release : 1985-01-01
Category : Law
ISBN : 0873959493

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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.

The Criminal Process in the People's Republic of China, 1949-1963

Jerome Alan Cohen
The Criminal Process in the People s Republic of China 1949 1963 Book PDF

Author : Jerome Alan Cohen
Publisher : Harvard University Press
Page : 742 pages
File Size : 52,6 Mb
Release : 1968
Category : Law
ISBN : 0674176502

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The Criminal Process in the People's Republic of China, 1949-1963 by Jerome Alan Cohen Pdf

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.

China's Legal Awakening

Carlos Wing-hung Lo
China s Legal Awakening Book PDF

Author : Carlos Wing-hung Lo
Publisher : Hong Kong University Press
Page : 401 pages
File Size : 47,8 Mb
Release : 1995-07-01
Category : Law
ISBN : 9789622093805

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China's Legal Awakening by Carlos Wing-hung Lo Pdf

After decades of nihilistic rule under Mao Zedong, can legal order be restored in China? How successful is Deng Xiaoping's initiative in developing a socialist legal system? Where is China on its road to the 'rule of law'? This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents.

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 : 55,9 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.

The Death Penalty in China

Bin Liang,Hong Lu
The Death Penalty in China Book PDF

Author : Bin Liang,Hong Lu
Publisher : Columbia University Press
Page : 333 pages
File Size : 46,6 Mb
Release : 2015-12-01
Category : Law
ISBN : 9780231540810

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The Death Penalty in China by Bin Liang,Hong Lu Pdf

Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

Justice After Mao

Daniel Leese,Amanda Shuman
Justice After Mao Book PDF

Author : Daniel Leese,Amanda Shuman
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2023
Category : China
ISBN : 1009261266

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Justice After Mao by Daniel Leese,Amanda Shuman Pdf

"How can a dictatorship cope with the legacy of atrocities committed in its own name? This cutting-edge volume addresses the question of historical justice in post-Mao China through issues of property, rehabilitation, reconciliation, and memory. It provides a fresh perspective on Chinese history and politics, socialisms and transitional justice"--

The Revival of Private Property and Its Limits in Post-Mao China

Ting Xu
The Revival of Private Property and Its Limits in Post Mao China Book PDF

Author : Ting Xu
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2014
Category : Right of property
ISBN : 0854901337

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The Revival of Private Property and Its Limits in Post-Mao China by Ting Xu Pdf

This monograph examines the nature and significance of the re-emergence of private property in rapidly changing post-Mao China. In examining this issue, the study explores a key dichotomy in Chinese law, that is, 'public versus private', and examines the manner in which the Chinese define ownership. The study stresses the importance of lack of clarity in the boundaries between the public and the private in property rights. While there is a limited move towards the recognition of private property in real estate in contemporary China, this analysis also shows that ownership in the law, and ownership as understood and practised socially, often diverge significantly. From the Qing dynasty reforms of the late nineteenth century onwards, 'modernist' law and entrenched social practice have often opposed each other. In contrast to the official, and indeed legal, support for unitary and exclusive property rights, the reality of the property regime has been a fragmentation of property rights. 'Modern' conceptions and theories of property rights emerged in the context of nation-building from the late Qing onwards, and unitary and exclusive property rights were considered as 'badges' of modernity. These conceptions and theories served (and still serve) the purposes of control and governance but were, and still are, often resisted in social practice and popular thinking, leading to alienation and conflict. As a result, analysis of the nature and the social and political implications of re-emerging private property rights provides important insights for our understanding of the changing nature of modern China.

Victims, Perpetrators, and the Role of Law in Maoist China

Daniel Leese,Puck Engman
Victims Perpetrators and the Role of Law in Maoist China Book PDF

Author : Daniel Leese,Puck Engman
Publisher : Walter de Gruyter GmbH & Co KG
Page : 213 pages
File Size : 43,9 Mb
Release : 2018-06-25
Category : History
ISBN : 9783110533651

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Victims, Perpetrators, and the Role of Law in Maoist China by Daniel Leese,Puck Engman Pdf

The relationship between politics and law in the early People’s Republic of China was highly contentious. Periods of intentionally excessive campaign justice intersected with attempts to carve out professional standards of adjudication and to offer retroactive justice for those deemed to have been unjustly persecuted. How were victims and perpetrators defined and dealt with during different stages of the Maoist era and beyond? How was law practiced, understood, and contested in local contexts? This volume adopts a case study approach to shed light on these complex questions. By way of a close reading of original case files from the grassroots level, the contributors detail procedures and question long-held assumptions, not least about the Cultural Revolution as a period of “lawlessness.”

Human Rights In Post-mao China

John F Copper,Franz Michael,Yuan-li Wu
Human Rights In Post mao China Book PDF

Author : John F Copper,Franz Michael,Yuan-li Wu
Publisher : Westview Press
Page : 140 pages
File Size : 41,8 Mb
Release : 1985-02-17
Category : History
ISBN : UOM:39015010546409

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Human Rights In Post-mao China by John F Copper,Franz Michael,Yuan-li Wu Pdf

Human rights, China - historical antecedents, ideologycal and political aspects, legal aspects, economic implications, psychological aspects. References, statistical tables.

Justice After Mao

Daniel Leese,Amanda Shuman
Justice After Mao Book PDF

Author : Daniel Leese,Amanda Shuman
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2023
Category : China
ISBN : 1009261304

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Justice After Mao by Daniel Leese,Amanda Shuman Pdf

"How can a dictatorship cope with the legacy of atrocities committed in its own name? This cutting-edge volume addresses the question of historical justice in post-Mao China through issues of property, rehabilitation, reconciliation, and memory. It provides a fresh perspective on Chinese history and politics, socialisms and transitional justice"--