Reform And Development Of Powers And Functions Of China S Criminal Proceedings

Author : Weidong Chen
Publisher : Springer Nature
Page : 551 pages
File Size : 41,7 Mb
Release : 2020-10-15
Category : Law
ISBN : 9789811584312

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Reform and Development of Powers and Functions of China's Criminal Proceedings by Weidong Chen Pdf

This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

Author : Lin Li
Publisher : World Scientific
Page : 547 pages
File Size : 53,9 Mb
Release : 2018-01-03
Category : Law
ISBN : 9789813231320

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Interpreting China's Legal System by Lin Li Pdf

This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system.

Author : Cai Dingjian,蔡定剑,王晨光
Publisher : BRILL
Page : 584 pages
File Size : 46,9 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.

Author : Shao-chuan Len,Hungdah Chiu
Publisher : State University of New York Press
Page : 352 pages
File Size : 49,8 Mb
Release : 1985-06-30
Category : Political Science
ISBN : 9781438410500

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Criminal Justice in Post-Mao China by Shao-chuan Len,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.

Author : Keyuan Zou
Publisher : BRILL
Page : 278 pages
File Size : 49,6 Mb
Release : 2006-08-30
Category : Law
ISBN : 9789047410133

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China's Legal Reform by Keyuan Zou Pdf

China’s legal system has drawn ever more attention from the international community. It has been developing at a very significant pace since China carried out economic reform and instituted an “open door” policy in 1978.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 recent developments of China’s legal system as well as its reform in the context of globalization. It covers various hot and timely topics, including constitutional changes, the relationship between the Chinese Communist Party and the law, legislation, law-based administration, laws for anti-corruption campaigns, judicial reform, legal education and China’s compliance with international law. The book is suitable for lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in China, Chinese law, comparative and international law.

Author : Jonathan Hecht
Publisher : Unknown
Page : 100 pages
File Size : 43,9 Mb
Release : 1996
Category : Law
ISBN : STANFORD:36105061867458

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Opening to Reform? by Jonathan Hecht Pdf

Author : Tamar Groswald Ozery
Publisher : Cambridge University Press
Page : 279 pages
File Size : 41,7 Mb
Release : 2023-06-30
Category : Law
ISBN : 9781009182515

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Law and Political Economy in China by Tamar Groswald Ozery Pdf

Applying a novel theoretical approach, Tamar Groswald Ozery combines law and political economy to deconstruct the role of law in China's market development since 1978. The book examines how economic and administrative powers within China's Party-state system have been legally and politically configured throughout China's growth process. Using a vast range of primary sources, Ozery illuminates how the law acts as a mediating institution that translates and gives shape to the relations between politics and economics. Using the evolution of public firms and corporate governance as a case study, Ozery illustrates the complex relationships between law, politics, and economic development, and sheds new light on the possible varieties of growth-supporting governance institutions in firms. By studying China's distinct market experience through the lens of law and political economy, Ozery offers a significant contribution to development studies, comparative corporate governance, and interdisciplinary discussions about China as a growth model.

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
Page : 348 pages
File Size : 43,7 Mb
Release : 2013-05-02
Category : Law
ISBN : 9789004234451

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Criminal Law and Criminal Procedure Law in the People's Republic of China by Jianfu Chen Pdf

Criminal Law and Criminal Proceudre 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, accompanied by a comprehensive introduction to the criminal justice system in China.

Author : Meijun Ji
Publisher : Springer Nature
Page : 288 pages
File Size : 48,8 Mb
Release : 2022-02-01
Category : Law
ISBN : 9789811686115

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Brief Introduction to the Procuratorial System in China by Meijun Ji Pdf

Based on empirical research, this book comprehensively and thoroughly expounds the procuratorial system of socialism with Chinese characteristics and focuses on the organization, functions and powers, the system of prosecutors and the reform of the procuratorial system in China. It deeply analyzes the characteristics and reasons of the procuratorial system in China and not only discusses the dynamic process of the various kinds of procuratorial power in practice but also analyzes the common trend of the reform of the system of prosecution service in the world under the background of the globalization of judicial reform, especially those hot topics of the procuratorial reform in recent years, such as the reform of judicial responsibility, the reform of internal organization, the reform of quota control of prosecutors, the lenient system of accepting confession and punishment, the system of litigation of public interest and so on.In addition, with considering and studying the historical process and practice of the procuratorial system in China for more than 20 years, the author puts forward lots of unique ideas and proposals to reform and perfect the current procuratorial system and the procuratorial work mechanism in China. The book comprehensively discusses the historical origin, development process, current situation, reform and the direction of future development of the procuratorial system in China.

Author : Ingrid Hooghe,Eduard B. Vermeer
Publisher : Routledge
Page : 189 pages
File Size : 48,5 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781136124426

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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.

Author : Elisa Nesossi,Susan Trevaskes
Publisher : BRILL
Page : 100 pages
File Size : 55,7 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

Author : John Garrick,Yan Chang Bennett
Publisher : Routledge
Page : 284 pages
File Size : 41,8 Mb
Release : 2016-01-29
Category : Social Science
ISBN : 9781317354178

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China's Socialist Rule of Law Reforms Under Xi Jinping by John Garrick,Yan Chang Bennett Pdf

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Author : Zhipeng He,Lu Sun
Publisher : Springer Nature
Page : 254 pages
File Size : 53,7 Mb
Release : 2020-03-14
Category : Law
ISBN : 9789811528828

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A Chinese Theory of International Law by Zhipeng He,Lu Sun Pdf

This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.

Author : Guanghua Yu
Publisher : Routledge
Page : 352 pages
File Size : 45,8 Mb
Release : 2010-11-17
Category : Law
ISBN : 9781136872761

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The Development of the Chinese Legal System by Guanghua Yu Pdf

In recent years the Chinese legal system has undergone many reforms and this book brings the literature up to date, offering a contemporary account of the law and administration in China. This book is the result of collective efforts in analysing the political, economic and social factors which affect the development of Chinese law. The volume contains contributions from a number of experts and scholars of Chinese law who examine some of the most important areas of Chinese law. The book covers constitutional law, criminal law, property law, mortgage law, intellectual property law, corporate law, securities regulation, banking regulation, civil procedural law, arbitration law, environmental law, and the regulation of telecommunications services. Whilst the book addresses a number of diverse legal areas all the contributions look to explain the factors which led to the development of the law and the consequences of such developments, as well as the progress made by developing legal institutions and the possible obstacles to future development.

Author : Christoph Antons
Publisher : Routledge
Page : 978 pages
File Size : 50,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351560702

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Law and Society in East Asia by Christoph Antons Pdf

The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.