Chinese Courts and Criminal Procedure

Chinese Courts and Criminal Procedure PDF Author: Björn Ahl
Publisher: Cambridge University Press
ISBN: 1108976115
Category : Law
Languages : en
Pages : 301

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Book Description
Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.

Chinese Courts and Criminal Procedure

Chinese Courts and Criminal Procedure PDF Author: Björn Ahl
Publisher: Cambridge University Press
ISBN: 1108976115
Category : Law
Languages : en
Pages : 301

Get Book

Book Description
Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.

Chinese Courts and Criminal Procedure

Chinese Courts and Criminal Procedure PDF Author: Björn Ahl
Publisher: Cambridge University Press
ISBN: 1108833306
Category : Law
Languages : en
Pages : 301

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Book Description
This volume investigates questions linking institutional changes within the court system and legal environment with developments in criminal procedure law.

Courts and Criminal Justice in Contemporary China

Courts and Criminal Justice in Contemporary China PDF Author: Susan Trevaskes
Publisher: Lexington Books
ISBN: 9780739119884
Category : Law
Languages : en
Pages : 244

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Book Description
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.

Criminal Court Procedures in the Chinese People's Republic

Criminal Court Procedures in the Chinese People's Republic PDF Author: Vladimir Evgene̕vich Chugonov
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 506

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Book Description


Principles of Chinese Criminal Procedure

Principles of Chinese Criminal Procedure PDF Author: liling Yue
Publisher:
ISBN: 9781509934942
Category : Electronic books
Languages : en
Pages : 240

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Book Description
"The book presents a short history and timeline of criminal procedure legislation in China. It first discusses the status of Human Rights Conventions and challenges resulting from human rights standards for Chinese criminal procedural law and practice. It moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPC and the Supreme People's Court. The book covers relevant actors in the Chinese Criminal Justice System (judges, prosecutors, police, defence councils) as well as the relationships between them. Actors include crime victims and their role in criminal proceedings. Starting with pre-trial investigation proceedings (extending in particular to coercive measures and discretionary powers of police and prosecutors in the implementation of non-prosecution policies) the book then proceeds with basic principles of the criminal trial, standards of evidence and rules related to conviction and sentencing. Appeal proceedings and the issue of reopening criminal proceedings are also considered. The book finally concludes with questions of enforcement of criminal sentences."--

Criminal Justice in China

Criminal Justice in China PDF Author: Mike McConville
Publisher: Edward Elgar Publishing
ISBN: 0857931911
Category : Law
Languages : en
Pages : 577

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Book Description
.Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'

International Human Rights Law and the Advancement of the Right to a Fair Trial in China

International Human Rights Law and the Advancement of the Right to a Fair Trial in China PDF Author: DENG Hua
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480480
Category : Law
Languages : en
Pages : 4

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Book Description


The Criminal Process in the People's Republic of China, 1949-1963

The Criminal Process in the People's Republic of China, 1949-1963 PDF Author: Jerome Alan Cohen
Publisher: Harvard University Press
ISBN: 9780674176508
Category : Law
Languages : en
Pages : 742

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Book Description
This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the direction of that change, and what are the prospects for the future? Today, immense difficulties impede the study of any aspect of China's legal system. Most foreign scholars are forbidden to enter the country, and those who do visit China find solid data hard to come by. Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes. Moreover, popular publications and legal journals that told much about the regime's first decade have become increasingly scarce and uninformative. In order to obtain information for this study, Mr. Cohen spent 1963-64 in Hong Kong, interviewing refugees from the mainland and searching out and translating material on Chinese criminal law. From the interviews and published works, he has endeavored to piece together relevant data in order to see the system as a whole. The first of the three parts of the book is an introductory essay, providing an overview of the evolution and operation of the criminal process from 1949 through 1963. The second part, constituting the bulk of the book, systematically presents primary source material, including excerpts from legal documents, policy statements, and articles in Chinese periodicals. In order to show the law in action as well as the law on the books, the author has included selections from written and oral accounts by persons who have lived in or visited the People's Republic. Interspersed among these diverse materials are Mr. Cohen's own comments, questions, and notes. Part III contains an English-Chinese glossary of the major institutional and legal terms translated in Part II, a bibliography of sources, and a list of English-language books and articles that are pertinent to an understanding of the criminal process in China.

Criminal Justice with Chinese Characteristics

Criminal Justice with Chinese Characteristics PDF Author: Timothy A. Gelatt
Publisher:
ISBN:
Category : China
Languages : en
Pages : 112

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Book Description


China: Courts, Criminal Law and Criminal Procedure Law

China: Courts, Criminal Law and Criminal Procedure Law PDF Author: U. C. Jha
Publisher: Vij Books
ISBN: 9788119438341
Category : Law
Languages : en
Pages : 0

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Book Description
This book is about the Chinese Criminal Justice System, which includes courts, criminal law, criminal procedures, and various other actors as well as the relationship between them. The criminal justice system in China is marred with irregularities and discrimination. Despite broadcasting legal reforms in its criminal justice delivery system in the last 10-15 years, legal institutions and actors in China remain bound by the party-state. China remains a repressive regime that has punished a large number of human rights defenders and criminal lawyers. In China, whenever there is a conflict between politics and law, politics prevails. This has been evident in several cases in the past two decades. This systematic limitation poses a serious challenge to building an independent judiciary, especially in high-profile cases when the court faces tremendous pressure from different government branches, the victim's family, and the public in general. Chinese society places strong emphasis on personal relationships; therefore, corruption is a common concern in many criminal trials. In order to bring reforms in the criminal justice system in line with international standards, China faces many challenges. Most of the laws relating to criminal justice have been revised in the recent past. This book contains a copy of the following laws of the People's Republic of China: The Criminal Law, 2020; The Criminal Procedure Law, 2018; The Procurators Law, 2019; The Lawyers Law, 2017; The Judges Law, 2019, and The Law on Administrative Penalty, 2021. Everyone concerned with the international criminal legal system, not just academics and lawyers, should read this book.