Download Full eBooks in PDF
Procedural Justice And The Fair Trial In Contemporary Chinese Criminal Justice Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Procedural Justice And The Fair Trial In Contemporary Chinese Criminal Justice book. This book definitely worth reading, it is an incredibly well-written.
Author : Elisa Nesossi,Susan Trevaskes
Publisher : BRILL
Page : 100 pages
File Size : 53,8 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 : Susan Trevaskes
Publisher : Lexington Books
Page : 244 pages
File Size : 45,7 Mb
Release : 2007
Category : Law
ISBN : 0739119885
This book considers 'law on display' in Chinese courts. As the first sustained study of criminal trials, rallies, and campaigns in Chinese courts, it offers an account of how law and punishment is constructed and represented both in practice and in rhetoric.
Author : Flora Sapio,Susan Trevaskes,Sarah Biddulph,Elisa Nesossi
Publisher : Cambridge University Press
Page : 411 pages
File Size : 46,6 Mb
Release : 2017-07-27
Category : Law
ISBN : 9781107190429
A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.
Author : DENG Hua
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 53,8 Mb
Release : 2016-08-29
Category : Law
ISBN : 9788283480481
Author : Yu Mou
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 45,5 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781509913046
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.
Author : Margaret Y. K. Woo,Mary E. Gallagher
Publisher : Cambridge University Press
Page : 433 pages
File Size : 48,5 Mb
Release : 2011-04-25
Category : Law
ISBN : 9781139499293
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 : Liling Yue
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 52,5 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781509934935
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.
Author : Yanyou Yi
Publisher : Unknown
Page : 330 pages
File Size : 40,9 Mb
Release : 2013
Category : Law
ISBN : 193190782X
This book gives a concise but comprehensive introduction to Chinese Criminal Procedure to people who do not know Chinese language but are interested in learning about Chinese law. In order to make the introduction easily accessible, this book discusses problems which are commonly examined and debated by Western scholars in a way that Western legal scholars are familiar with. Since a significant amount of Western criminal procedure laws concerns citizens' constitutional rights, this book focuses on the protections of citizens' constitutional rights in the context of criminal procedure. In particular, this book seeks to address the following questions: To what extent does the contemporary Chinese Criminal Procedure Law protects citizens' houses, privacy and personal freedom? Does the suspect have the right to remain silent when being interrogated? Shall the defendant be presumed innocent when facing a criminal charge? To what extent does a defendant have the right to a fair trial? These questions will be addressed in turn in this book, providing detailed analysis and explanations for each of the issues identified. YI Yanyou is an Associate Professor and the Director of the Evidence Law Research Center at the School of Law of Tsinghua University in Beijing. YI teaches and researches in the area of criminal procedure law, evidence law, and judicial system. He is the author of Chinese Criminal Procedure and Chinese Society (Peking University Press, 2010); The System and Spirit of Evidence Law: With Special Reference to Anglo-American Law (Peking University Press, 2010); Law of Criminal Procedure (Law Press, 2008); Jury Trial and the Adversary System (Taipei, Sanming Bookstore, 2004); and On the Right to Remain Silent, China University of Politics and Law Press, 2001). Yi's publications also include more than 30 scholarly articles and essays published in law reviews and journals.
Author : Dr Yuwen Li
Publisher : Ashgate Publishing, Ltd.
Page : 305 pages
File Size : 51,5 Mb
Release : 2014-11-28
Category : Law
ISBN : 9781472436078
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.
Author : Michael McConville,Eva Pils
Publisher : Edward Elgar Pub
Page : 593 pages
File Size : 46,8 Mb
Release : 2013
Category : Law
ISBN : 1781955859
'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
Author : Hungdah Chiu
Publisher : Maryland Series in Contemporary Asian Studies
Page : 46 pages
File Size : 49,9 Mb
Release : 1992
Category : History
ISBN : STANFORD:36105008609112
Author : Jingkun Liu
Publisher : Springer
Page : 335 pages
File Size : 55,9 Mb
Release : 2019-03-01
Category : Law
ISBN : 9811337551
The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.
Author : Yu Mou (Law teacher)
Publisher : Unknown
Page : 264 pages
File Size : 44,9 Mb
Release : 2020
Category : Criminal procedure
ISBN : 150991305X
"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. Setting within a broad socio-legal context, this book 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 follows the investigative dossier in the criminal process - how it is constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony - as its focal point. It 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. This book will appeal to academics, researchers, policy advisors and practitioners working in the areas of criminal law, comparative criminal justice/criminology, as well as in Chinese studies"--
Author : Sabine Gless,Thomas Richter
Publisher : Springer
Page : 387 pages
File Size : 46,9 Mb
Release : 2019-04-17
Category : Law
ISBN : 9783030125202
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Author : Flora Sapio,Susan Trevaskes,Sarah Biddulph,Elisa Nesossi
Publisher : Cambridge University Press
Page : 410 pages
File Size : 47,8 Mb
Release : 2019-01-31
Category : Law
ISBN : 1316639045
Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.