The Construction Of Guilt In China

Author : Yu Mou
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 54,5 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781509913046

Get Book

The Construction of Guilt in China by Yu Mou Pdf

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 : Yu Mou (Law teacher)
Publisher : Unknown
Page : 264 pages
File Size : 52,7 Mb
Release : 2020
Category : Criminal procedure
ISBN : 150991305X

Get Book

The Construction of Guilt in China by Yu Mou (Law teacher) Pdf

"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 : Zhun Gu
Publisher : Springer Nature
Page : 246 pages
File Size : 54,9 Mb
Release : 2023-01-31
Category : Social Science
ISBN : 9789811974946

Get Book

Screen Media and the Construction of Nostalgia in Post-Socialist China by Zhun Gu Pdf

This book traces the cultural transformation of nostalgia on the Chinese screen over the past three decades. It explores how filmmakers from different generations have engaged politically with China’s rapidly changing post-socialist society as it has been formed through three mutually constitutive frameworks: political discourse, popular culture and state-led media commercialisation. The book offers a new, critical model for understanding relationships between filmmakers, industry and the State.

Author : Michael Bohlander
Publisher : Bloomsbury Publishing
Page : 242 pages
File Size : 48,6 Mb
Release : 2008-12-18
Category : Law
ISBN : 9781847314796

Get Book

Principles of German Criminal Law by Michael Bohlander Pdf

German criminal law doctrine, as one of the more influential ones over time and on a global scale, takes rather different approaches to many of the problems of substantive law from those of the common law family of countries like the UK, the US, Canada, New Zealand, Australia etc. It also differs markedly from the system which is most often used in Anglophone writing as a civil law comparison, the French law. German criminal law is a code-based model and has been for centuries. The influence of academic writing on its development has been far greater than in the judge-oriented common law models. The book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system, but who wish to re-structure their law in one or several criminal codes. The comparison will show that similar problems occur in all legal systems regardless of their provenance, and the attempts of individual systems at solving them, their successes and their failures, can provide a rich experience on which other countries can draw and on which they can build. The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles, their development under the influence of academic writing and judicial decisions. The book is not meant as a textbook of German criminal law, but is a selection of interrelated in-depth essays on the central problems. Wherever it is apposite and feasible, comparison is offered to the approaches of English criminal law and the legal systems of other common and civil law countries in order to allow common lawyers to draw the pertinent parallels to their own jurisdictions.

Author : Máximo Langer,Mike McConville,Luke Marsh
Publisher : Edward Elgar Publishing
Page : 627 pages
File Size : 42,6 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781802206678

Get Book

Research Handbook on Plea Bargaining and Criminal Justice by Máximo Langer,Mike McConville,Luke Marsh Pdf

Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.

Author : Daniel Matthews,Scott Veitch
Publisher : Routledge
Page : 272 pages
File Size : 42,5 Mb
Release : 2018-06-27
Category : Law
ISBN : 9781351403696

Get Book

Law, Obligation, Community by Daniel Matthews,Scott Veitch Pdf

Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Author : Klaus Mu_hlhahn,Professor Klaus M?hlhahn
Publisher : Harvard University Press
Page : 378 pages
File Size : 43,6 Mb
Release : 2009-04-30
Category : Law
ISBN : 0674054334

Get Book

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.

Author : Mark Edward Lewis
Publisher : Cambridge University Press
Page : 265 pages
File Size : 43,6 Mb
Release : 2020-12-10
Category : History
ISBN : 9781108843690

Get Book

Honor and Shame in Early China by Mark Edward Lewis Pdf

Lewis sheds new light on the early Chinese empires through an ambitious examination of evolving ideas about honor and shame.

Author : Celia A. Brownell,Claire B. Kopp
Publisher : Guilford Press
Page : 513 pages
File Size : 45,6 Mb
Release : 2007-08-16
Category : Psychology
ISBN : 9781593854966

Get Book

Socioemotional Development in the Toddler Years by Celia A. Brownell,Claire B. Kopp Pdf

This volume explores the key developmental transitions that take place as 1- to 3-year-olds leave infancy behind and begin to develop the social and emotional knowledge, skills, and regulatory abilities of early childhood. Leading investigators examine the multiple interacting factors that lead to socioemotional competence in this pivotal period, covering both typical and atypical development. Presented is innovative research that has yielded compelling insights into toddlers' relationships, emotions, play, communication, prosocial behavior, self-control, autonomy, and attempts to understand themselves and others. The final chapter presents a systematic framework for socioemotional assessment.

Author : Yanhong Liu
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2023
Category : Crimina law
ISBN : 1032599057

Get Book

On Substantive Decriminalization by Yanhong Liu Pdf

"Based on both judicial practice and legal theory, this book examines the phenomenon of low acquittal rates in China from the perspective of substantive law and formulates the theory of substantive decriminalization. In response to this pressing phenomenon, the author critically examines the prevailing tendency in the circle of criminal theory in China, which emphasizes criminalization over decriminalization and harm outcomes over behavioral process. The book attempts to think outside the box of procedural law, an approach that has yielded fruitful results but is limited in understanding decriminalization. Instead, it emphasizes the principle of substantive law, grounded in the modesty and restraint of criminal law and the protection of human rights. From the perspective of criminal class theory and criminal policy, the book proposes the theoretical framework of substantive decriminalization, which provides insight into the whole picture of the decriminalization mechanism of China's civil law and also has great practical relevance to China's criminal justice. The title will be an important reference for scholars, students, and legal professionals interested in the issue of decriminalization, legal theory, and Chinese criminal law"--

Author : Vladimir Evgene̕vich Chugonov,Vladimir Evgen'evich Chugunov
Publisher : Unknown
Page : 506 pages
File Size : 42,6 Mb
Release : 1961
Category : Criminal procedure
ISBN : STANFORD:36105044667132

Get Book

Criminal Court Procedures in the Chinese People's Republic by Vladimir Evgene̕vich Chugonov,Vladimir Evgen'evich Chugunov Pdf

Author : Tsukasa Takamine
Publisher : Routledge
Page : 241 pages
File Size : 51,9 Mb
Release : 2012-11-12
Category : History
ISBN : 9781134263653

Get Book

Japan's Development Aid to China by Tsukasa Takamine Pdf

Paradoxically, Japan provides massive amounts of development aid to China, despite Japan's clear perception of China as a prime competitor in the Asia-Pacific region. This clearly written and comprehensive volume provides an overview of the way Japan's aid to China has developed since 1979. It explains the shifts that have taken place in Japan's China policy in the 1990s against the background of international changes and domestic changes in both countries, and offers new insights into the way Japanese aid policy making functions, thereby providing an alternative view of Japanese policy making that might be applied to other areas. Through a series of case studies, it shows Japan’s increasing willingness to use development aid to China for strategic goals and explains a significant shift of priority project areas of Japan’s China aid in the 1990s, from industrial infrastructure to socio-environmental infrastructure. The book argues that, contrary to the widely held view that Japan's aid to China is given for reasons of commercial self-interest, the objectives are much more complex and dynamic. Using original material, Takamine shows how policy making power within the Japanese government has shifted in recent years away from officials in the Ministry of Foreign Affairs to politicians in the Liberal Democratic Party.

Author : Anonim
Publisher : BRILL
Page : 395 pages
File Size : 54,5 Mb
Release : 2012-08-17
Category : Religion
ISBN : 9789004232006

Get Book

Sins and Sinners by Anonim Pdf

Asian religious traditions have always been deeply concerned with "sins" and what to do about them. As the essays in this volume illustrate, what Buddhists in Tibet, India, China or Japan, what Jains, Daoists, Hindus or Sikhs considered to be a "sin" was neither one thing, nor exactly what the Abrahamic traditions meant by the term. "Sins"could be both undesireable behavior and unacceptable thoughts. In different contexts, at different times and places, a sin might be a ritual infraction or a violation of a rule of law; it could be a moral failing or a wrong belief. However defined, sins were considered so grave a hindrance to spiritual perfection, so profound a threat to the social order, that the search for their remedies through rituals of expiation, pilgrimage, confession, recitation of spells, or philosophical reflection, was one of the central quests of the religions studied here.

Author : Xinzhong Yao
Publisher : Springer
Page : 460 pages
File Size : 47,9 Mb
Release : 2017-05-08
Category : Philosophy
ISBN : 9789811040009

Get Book

Reconceptualizing Confucian Philosophy in the 21st Century by Xinzhong Yao Pdf

This book comprises 30 chapters representing certain new trends in reconcenptualizing Confucian ideas, ideals, values and ways of thinking by scholars from China and abroad. While divergent in approaches, these chapters are converged on conceptualizing and reconceptualizing Confucianism into something philosophically meaningful and valuable to the people of the 21st century. They are grouped into three parts, and each is dedicated to one of the three major themes this book attempts to address. Part one is mainly on scholarly reviews of Confucian doctrines by which new interpretations will be drawn out. Part two is an assembled attempt to reexamine Confucian concepts, in which critiques of traditional views lead to new perspectives for perennial questions. Part three is focused on reinterpreting Confucian virtues and values, in the hope that a new sense of being moral can be gained through old normative forms.

Author : Jackie Gulland
Publisher : Springer
Page : 250 pages
File Size : 53,7 Mb
Release : 2019-07-17
Category : Social Science
ISBN : 9781137605641

Get Book

Gender, Work and Social Control by Jackie Gulland Pdf

This book uses previously unknown archive materials to explore the meaning of the term ‘incapable of work’ over a hundred years (1911–present). Nowadays, people claiming disability benefits must undergo medical tests to assess whether or not they are capable of work. Media reports and high profile campaigns highlight the problems with this system and question whether the process is fair. These debates are not new and, in this book, Jackie Gulland looks at similar questions about how to assess people’s capacity for work from the beginning of the welfare state in the early 20th century. Amongst many subject areas, she explores women’s roles in the domestic sphere and how these were used to consider their capacity for work in the labour market. The book concludes that incapacity benefit decision making is really about work: what work is, what it is not, who should do it, who should be compensated when work does not provide a sufficient income and who should be exempted from any requirement to look for it.