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Author: Yu Mou
Publisher: Bloomsbury Publishing
ISBN: 1509913041
Category : Law
Languages : en
Pages : 280
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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: Yu Mou
Publisher: Bloomsbury Publishing
ISBN: 1509913041
Category : Law
Languages : en
Pages : 280
Get Book
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: Yu Mou (Law teacher)
Publisher:
ISBN: 9781509913053
Category : Criminal procedure
Languages : en
Pages : 264
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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. 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: Michael Bohlander
Publisher: Bloomsbury Publishing
ISBN: 1847314791
Category : Law
Languages : en
Pages : 242
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Book Description
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: Zhun Gu
Publisher: Springer Nature
ISBN: 9811974942
Category : Social Science
Languages : en
Pages : 246
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Book Description
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: Daniel Matthews
Publisher: Routledge
ISBN: 1351403699
Category : Law
Languages : en
Pages : 272
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Book Description
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: Lyle J. Goldstein
Publisher: Georgetown University Press
ISBN: 162616634X
Category : Political Science
Languages : en
Pages : 400
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Book Description
Though a US China conflict is far from inevitable, major tensions are building in the Asia-Pacific region. These strains are the result of historical enmity, cultural divergence, and deep ideological estrangement, not to mention apprehensions fueled by geopolitical competition and the closely related “security dilemma.” Despite worrying signs of intensifying rivalry, few observers have provided concrete paradigms to lead this troubled relationship away from disaster. This book is dramatically different in that Lyle J. Goldstein’s focus is on laying bare both US and Chinese perceptions of where their interests clash and proposing new paths to ease bilateral tensions through compromise. Each chapter contains a “cooperation spiral” —the opposite of an escalation spiral—to illustrate these policy proposals. Goldstein makes one hundred policy proposals over the course of this book to inaugurate a genuine debate regarding cooperative policy solutions to the most vexing problems in US-China relations. Goldstein not only parses findings from American scholarship but also breaks new ground by analyzing hundreds of Chinese-language sources, including military publications, never before evaluated by Western experts. Meeting China Halfway, new in paperback, remains a refreshing and unique contribution to the study of the world’s most important bilateral relationship.
Author: Máximo Langer
Publisher: Edward Elgar Publishing
ISBN: 1802206671
Category : Law
Languages : en
Pages : 627
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Book Description
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: Jackie Gulland
Publisher: Springer
ISBN: 1137605642
Category : Social Science
Languages : en
Pages : 250
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Book Description
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.
Author: Rachel Murphy
Publisher: Cambridge University Press
ISBN: 110883485X
Category : Business & Economics
Languages : en
Pages : 303
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Book Description
Rachel Murphy explores Chinese children's experience of having migrant parents and the impact this has on family relationships in China.
Author: Junqing Wu
Publisher: BRILL
ISBN: 9004331409
Category : Religion
Languages : en
Pages : 190
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Book Description
In Mandarins and Heretics, Wu Junqing explores the denunciation and persecution of lay religious groups in late imperial (14th to 20th century) China.
