Legal Reforms And Deprivation Of Liberty In Contemporary China

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Legal Reforms and Deprivation of Liberty in Contemporary China

Author : Elisa Nesossi,Sarah Biddulph,Flora Sapio,Susan Trevaskes
Publisher : Routledge
Page : 186 pages
File Size : 42,5 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.

Modern Chinese Legal Reform

Author : Xiaobing Li,Qiang Fang
Publisher : University Press of Kentucky
Page : 316 pages
File Size : 52,9 Mb
Release : 2013-02-15
Category : History
ISBN : 9780813141213

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Modern Chinese Legal Reform by Xiaobing Li,Qiang Fang Pdf

China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.

Law and the Party in Xi Jinping's China

Author : Rogier J. E. H. Creemers,Susan Trevaskes
Publisher : Cambridge University Press
Page : 287 pages
File Size : 47,9 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781108836357

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Law and the Party in Xi Jinping's China by Rogier J. E. H. Creemers,Susan Trevaskes Pdf

Provides an in-depth study of the ideological and organisational features of China's legal system, as it is embedded in the Party-state.

Modern Chinese Legal Reform

Author : Qiang Fang
Publisher : Unknown
Page : 128 pages
File Size : 48,7 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:883814158

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Modern Chinese Legal Reform by Qiang Fang Pdf

China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret

China's Legal Reforms and Their Political Limits

Author : Ingrid Hooghe,Eduard B. Vermeer
Publisher : Routledge
Page : 190 pages
File Size : 50,8 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781136124501

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China's Legal Reforms and Their Political Limits by Ingrid Hooghe,Eduard B. Vermeer Pdf

Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.

The Politics of Law and Stability in China

Author : Susan Trevaskes,Elisa Nesossi,Flora Sapio,Sarah Biddulph
Publisher : Edward Elgar Publishing
Page : 303 pages
File Size : 45,9 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781783473878

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The Politics of Law and Stability in China by Susan Trevaskes,Elisa Nesossi,Flora Sapio,Sarah Biddulph Pdf

The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera

China's Journey Toward the Rule of Law

Author : Cai Dingjian,蔡定剑,王晨光
Publisher : BRILL
Page : 584 pages
File Size : 49,8 Mb
Release : 2010
Category : Law
ISBN : 9789004184190

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China's Journey Toward the Rule of Law by Cai Dingjian,蔡定剑,王晨光 Pdf

The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.

China's Legal Reform

Author : Keyuan Zou
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 52,7 Mb
Release : 2006
Category : Law
ISBN : 9789004152328

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China's Legal Reform by Keyuan Zou Pdf

China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.

Domestic Law Reforms in Post-Mao China

Author : Pitman B. Potter,Stanley Lubman
Publisher : Routledge
Page : 385 pages
File Size : 41,8 Mb
Release : 2019-07-12
Category : Social Science
ISBN : 9781315485874

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Domestic Law Reforms in Post-Mao China by Pitman B. Potter,Stanley Lubman Pdf

This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.

Chinese Law: Context and Transformation

Author : Jianfu Chen
Publisher : BRILL
Page : 1131 pages
File Size : 43,9 Mb
Release : 2015-12-04
Category : Law
ISBN : 9789004228894

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Chinese Law: Context and Transformation by Jianfu Chen Pdf

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.

China's Legal Reforms

Author : Stanley B. Lubman
Publisher : Oxford University Press, USA
Page : 240 pages
File Size : 53,5 Mb
Release : 1996
Category : Law
ISBN : UOM:39015038032226

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China's Legal Reforms by Stanley B. Lubman Pdf

Since the early 1980s, the People's Republic of China has been building legal institutions where no meaningful ones had existed before. This collection of essays by leading international scholars of Chinese law analyses the accomplishments of Chinese law reform and the problems that confrontthe Chinese leadership and the Chinese people in their struggle to define the role of law in China. Chinese economic reforms have led to a dramatic rate of economic growth, and have also made China the world's leader in attracting foreign capital. A sound legal system is not only essential forcontinued economic growth and foreign investment, but its future development will express and reflect the evolution of China's post-totalitarian political institutions.These essays focus on the changing Chinese conceptions of the role of law in shaping family relationships; the effectiveness of the courts in civil litigation; the operation of the criminal process; judicial decision-making; the evolution of a legislative process; the growth of a legal profession;the legal framework of foreign direct investment in China; and China's record as a member of the international community. An overview by the editor identifies the emerging functions performed in Chinese society by the new legal institutions and tries to analyse likely major influences on them in thenear future, including, among other contradictory forces, increased consciousness of individual rights and a tenacious insistence by the Chinese Communist Party on maintaining its power.

Punishment in Contemporary China

Author : Enshen Li
Publisher : Routledge
Page : 172 pages
File Size : 51,6 Mb
Release : 2018-06-28
Category : Social Science
ISBN : 9781351039369

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Punishment in Contemporary China by Enshen Li Pdf

Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

Author : Elisa Nesossi,Susan Trevaskes
Publisher : BRILL
Page : 100 pages
File Size : 42,8 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

Law, Wealth and Power in China

Author : John Garrick
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2014-02-15
Category : China
ISBN : 1138018058

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Law, Wealth and Power in China by John Garrick Pdf

This book examines the law reforms of contemporary China in light of the Party-state's ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China's economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents analytical perspectives of new work, or new lines of thinking about the new wealth, power and law reforms of China. As such, critical boundaries are explored between legal and financial reforms and what these reforms signify about deeper ideological, economic, social and cultural transformations in China. The book concludes by asking whether there is a 'China model' of development which will produce a unique variety of capitalism and indigenous variant of rule of law, and examining the 'winners and losers' in the transition from a centrally planned economy to a market economy. Law, Wealth and Power in China will be of interest to students and academics of comparative law, Asian law, Chinese economics and politics, Chinese Studies, as well as professionals in investment banking, finance and government.

Chinese Legal Reform and the Global Legal Order

Author : Yun Zhao,Michael Ng
Publisher : Cambridge University Press
Page : 0 pages
File Size : 41,6 Mb
Release : 2019-02-21
Category : Law
ISBN : 1316633071

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Chinese Legal Reform and the Global Legal Order by Yun Zhao,Michael Ng Pdf

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.