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Criminal Justice in China

2009-04-30 Law
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Release : 2009-04-30
Genre : Law
Kind : eBook
Book Rating : 332/5 ( reviews)

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Book Synopsis Criminal Justice in China by : Klaus Mu_hlhahn

Download or read book Criminal Justice in China written by Klaus Mu_hlhahn. This book was released on 2009-04-30. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Looking at Chinese Justice

196? China
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Release : 196?
Genre : China
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Looking at Chinese Justice by : Laurence Cecil Bartlett Gower

Download or read book Looking at Chinese Justice written by Laurence Cecil Bartlett Gower. This book was released on 196?. Available in PDF, EPUB and Kindle. Book excerpt:

Chinese Justice

2011-04-25 Law
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Release : 2011-04-25
Genre : Law
Kind : eBook
Book Rating : 297/5 ( reviews)

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Book Synopsis Chinese Justice by : Margaret Y. K. Woo

Download or read book Chinese Justice written by Margaret Y. K. Woo. This book was released on 2011-04-25. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rule of Bureaucracy

2016-05-01 Bureaucracy
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Release : 2016-05-01
Genre : Bureaucracy
Kind : eBook
Book Rating : 092/5 ( reviews)

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Book Synopsis The Rule of Bureaucracy by : Yu Zhang

Download or read book The Rule of Bureaucracy written by Yu Zhang. This book was released on 2016-05-01. Available in PDF, EPUB and Kindle. Book excerpt: Zhang argues that the Chinese Criminal Justice syste constitutes rule of bureaucracy rather than rule of law. The work looks into the underlying causes of the lack of genuine rule of law in China, and identifies the major barrier: an omnipotent political bureaucracy. The long history of Chinese Mandarin bureaucracy has given rise to the habitual practice of relying on executive authority for justice rather than providing for the pursuit of justice through a system of courts. The judiciary in China has to cope with both indirect and direct challenges from the all political bureaucracy, and it lacks the social and institutional standing to provide any genuine measure of judicial independence in defense of the rule of law. While change is taking place in the direction of judicial independence and the rule of law, that change is slow in and progress often comes at great cost to those brave lawyers fighting for it.

Supreme Courts in Transition in China and the West

2017-02-20 Law
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Release : 2017-02-20
Genre : Law
Kind : eBook
Book Rating : 449/5 ( reviews)

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Book Synopsis Supreme Courts in Transition in China and the West by : Cornelis Hendrik (Remco) van Rhee

Download or read book Supreme Courts in Transition in China and the West written by Cornelis Hendrik (Remco) van Rhee. This book was released on 2017-02-20. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.

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