China's Criminal Justice System and the Trial of Pro-democracy Dissidents PDF Download

Author: Hungdah Chiu
Publisher: Maryland Series in Contemporary Asian Studies
ISBN:
Category : History
Languages : en
Pages : 46

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Book Description

Author: Yu Mou
Publisher: Bloomsbury Publishing
ISBN: 1509913033
Category : History
Languages : en
Pages : 273

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Book Description
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: Amnesty International
Publisher:
ISBN: 9780862104924
Category :
Languages : en
Pages : 408

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Book Description

Author: Yuwen Li
Publisher: Routledge
ISBN: 131702656X
Category : Law
Languages : en
Pages : 298

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Book Description
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: Jianfu Chen
Publisher: BRILL
ISBN: 9004481184
Category : Law
Languages : en
Pages : 386

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Book Description
China, after some twenty years of reform, is no longer a country without law. Indeed, one may legitimately complain that there are too many laws that are changing too rapidly. However, law acquires no life nor performs its intended social functions without proper implementation and enforcement. Here, few people, Chinese or foreign, are content with the general situation of implementation of law in China. The problems and difficulties in implementing and enforcing laws and regulations are reported and discussed in the various forums of the Chinese media almost on a daily basis, and often reported in Western media also. Academics in China are filling the pages of various legal journals with their diagnoses and analyses of the causes of, and solutions to, the lack of proper implementation of law, and legal regulations and policy measures are being issued to deal with these problems and to overcome the difficulties. The future of the rule of law in China, as we are so often reminded by scholars of Chinese politics and law, largely depends on the proper implementation and enforcement of law. This is a book about `law-in-action' in China, that is, it focuses on the administration of the law as a process through which `law-in-the-books' is put into action and, hence, is made to perform its intended social functions. It deals with the process, the institutional settings (the players), and the political, economic, social, and cultural settings (the factors) involved in the administration of law in China. Throughout the book, we will see a variety of problems and difficulties involved in implementing and enforcing laws and regulations that are identified and analyzed by the contributors. We will also see analyses on legal regulations and policy measures that have been issued to rectify the many identified problems, to raise the standard of actual implementation of law, and to improve the functioning of the various law-implementing/enforcing authorities. Additionally, the book provides various case studies on implementation of law in China. The present book, we believe, is among the first collective efforts at a systematic and comprehensive study of the implementation of law in China, and we hope that it will stimulate many more such studies - studies on the actual operation and impact of law on society and on individuals.

Author: Titus Chen
Publisher: Routledge
ISBN: 1317752716
Category : Social Science
Languages : en
Pages : 278

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Book Description
Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.

Author: United States. Congressional-Executive Commission on China
Publisher:
ISBN:
Category : China
Languages : en
Pages : 476

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Book Description

Author: Sarah Biddulph
Publisher: Cambridge University Press
ISBN: 113946809X
Category : Law
Languages : en
Pages : 51

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Book Description
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

Author: Qisheng Jiang
Publisher: Rowman & Littlefield
ISBN: 1442212225
Category : Biography & Autobiography
Languages : en
Pages : 241

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Book Description
In 1999, the tenth anniversary of the Tiananmen Square massacre, leading dissident Jiang Qisheng was given a four-year sentence for inviting the Chinese people to light candles to honor the victims. Drawn with indignant intensity from Jiang's time in prison, his memoirs offer compelling observations of two of the three modern, "civilized" Beijing jails in which he was held. Along with intriguing vignettes of his fellow prisoners, Jiang describes both brutally dehumanizing conditions and rare moments of unexpected kindness. Prisoners, used as slave labor, become "skinned" through malnutrition and exhaustion, while facing new depths of mental degradation. Throughout, however, Jiang retained his dignity, detached and perceptive intelligence, and concern for his fellow sufferers, guards included. Writing in his signature light and ironic style, Jiang's stories of prisoners, who come from the most primitive and impoverished layer of Chinese society, are related with vividness, insight, humor, and compassion. Dismayed by their fatalistic docility, the author asks, "Where lies China's hope? Can democracy ever take root in China?" The answers, surely, lie in the voices of those, like Jiang, who dare to speak out.

Author: Human Rights Watch
Publisher: Seven Stories Press
ISBN: 1644210290
Category : Political Science
Languages : en
Pages : 910

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Book Description
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.