Criminal Justice in Post Mao China

This is the first book-length study of the most important area of Chinese law_the development, organization, and functioning of the criminal justice system in China today.

Criminal Justice in Post Mao China

The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People’s Republic of China. China’s current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC’s first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law—the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system—such as the court, the procuracy, lawyers, and criminal procedure—and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China’s political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.

Criminal Justice in Post Mao China

Chapter Three Law Reform Under the Post - Mao Leadership The death of Mao Zedong in September 1976 and the subsequent ouster of the Gang of Four ushered in a new era of reforms and limited liberalization in China .

Criminal Justice in Post Mao China

The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law--the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system--such as the court, the procuracy, lawyers, and criminal procedure--and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.

Studies in Earlier Old English Prose

Old English prose before the late tenth century is examined in this collection of hitherto unpublished essays.

Studies in Earlier Old English Prose

Old English prose before the late tenth century is examined in this collection of hitherto unpublished essays. Using a variety of techniques, the authors explore well-known and lesser-known texts in search of a better understanding of why, how, and by whom the manuscripts were produced. Part I of the collection contains six studies of Alfredian prose—the Soliloquies, the Pastoral Care, and Consolation of Philosophy—all of which are translations traditionally associated with King Alfred.

The Judicial System and Reform in Post Mao China

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.

The Judicial System and Reform in Post Mao China

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.

Criminal Justice in China

Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

Criminal Justice in China

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.

Domestic Law Reforms in Post Mao China

See Lowell Dittmer, China's Continuous Revolution: The Post-Liberation Epoch 1949–1981 (Berkeley and Los Angeles: ... For discussion of criminal law and procedure in post-Mao China, see Shao-chuan Leng, with Hungdah Chiu, Criminal ...

Domestic Law Reforms in Post Mao China

This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.

China s Legal Awakening

This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the ...

China s Legal Awakening

After decades of nihilistic rule under Mao Zedong, can legal order be restored in China? How successful is Deng Xiaoping's initiative in developing a socialist legal system? Where is China on its road to the 'rule of law'? This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents.

Bird in a Cage

This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Bird in a Cage

This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Law and Justice in China s New Marketplace

Kent, Ann, Between Freedom and Subsistence: China and Human Rights (Hong Kong: Oxford University Press, 1993). Leng, Shao-chuan and Hungdah Chiu, Criminal Justice in Post-Mao China (Albany: State University of New York Press, 1985).

Law and Justice in China s New Marketplace

Law and Justice in China's New Marketplace provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the 'socialist market economy'. New 'pluralized jurisprudence' has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property law and procedural or judicial justice.

Policing Serious Crime in China

This book explores the politics, practice, procedures, and public perceptions of policing serious crime in China today by examining the role of anti-crime campaigns.

Policing Serious Crime in China

This book explores the politics, practice, procedures, and public perceptions of policing serious crime in China today by examining the role of anti-crime campaigns. By focusing on this aspect of the Chinese criminal justice system we are able to gain a deeper understanding of how the political realm operates to secure one particular aspect of social policy.

Dictionary of the Politics of the People s Republic of China

Joffe , Ellis ( 1987 ) The Chinese Army After Mao , Cambridge , MA : Harvard University Press ( This gives a good account ... Leng , S. C. and Chiu , H. D. ( 1985 ) Criminal Justice in Post - Mao China : Analysis and Documents , Albany ...

Dictionary of the Politics of the People s Republic of China

6. Peoples of China

Human Rights In Post mao China

In addition to criminal prosecution the Chinese Communist Party provided an informal mediation role to handle civil cases. The Party "qualified" for such a role on the assumption that all violations of the law had political implications ...

Human Rights In Post mao China


Punishment in Contemporary China

This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and ...

Punishment in Contemporary China

Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.

Heaven Has Eyes

Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void.

Heaven Has Eyes

Heaven Has Eyes is a comprehensive but concise history of Chinese law and justice from the imperial era to the post-Mao era. Never before has a single book treated the traditional Chinese law and judicial practices and their modern counterparts as a coherent history, addressing both criminal and civil justice. This book fills this void. Xiaoqun Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century. To the Chinese of the imperial era, justice was an alignment of heavenly reason (tianli), state law (guofa), and human relations (renqing). Such a conception did not change until the turn of the twentieth century, when Western-derived notions-natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong. The legal-judicial reform agendas that emerged in the beginning of the twentieth century (and are still ongoing today) stemmed from this change in Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things, and the past century was fraught with legal dramas and tragedies. Heaven Has Eyes lays out how and why that is the case.

Women Judges in Contemporary China

Based on data resulting from original research, this book provides a much-needed contribution to contemporary women's studies.

Women Judges in Contemporary China

This study provides an up-to-date empirical account of Chinese female judges within the context of the Chinese legal system and wider society, revealing a deeper understanding of women in contemporary China. Shen explores the gendered nature of judging in post-Mao China by examining: who female judges are, what they do, and their position in relation to their profession. She goes on to argue for true representation of women in the judiciary, including their contributions in judging, and the importance of judicial diversity. The book examines the place held by female judges at home and women's place in society as a whole, and investigates gender equality, women's agencies, emancipation, and empowerment in the contemporary China. Based on data resulting from original research, this book provides a much-needed contribution to contemporary women's studies. Addressing a broad range of issues surrounding gender and justice in the Chinese judicial system, this engaging study will be of special interest to scholars and activists involved with judicial diversity, gender politics, and gender equality.

The China Handbook

Feinerman, James V., “Economic and Legal Reform in China, 1978–91,” in Problems of Communism (September 1991) A useful analysis of the interplay between legal and economic reform in post-Mao China. Gelatt, Timothy, Criminal Justice with ...

The China Handbook

First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

The Making of Chinese Criminal Law

Tang, Yi-lang et al., “Alcohol and Alcohol-Related Harm in China: Policy Changes Needed” (2013) 91 Bulletin of the World Health Organization 270–276. Tanner, Murray Scot, “Organizations and Politics in China's Post-Mao Law-Making ...

The Making of Chinese Criminal Law

By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.

Criminal Justice Today

This section draws heavily on Shao - Chuan Leng and Hungdah Chiu , Criminal Justice in Post - Mao China : Analysis and Documents ( Albany : State University of New York at Albany Press , 1985 ) . 13. Various authorities give different ...

Criminal Justice Today

In a substantially revised eighth edition, Criminal Justice Today continues to set the standard by which all other introductory criminal justice textbooks are measured. The hallmark features that have made Criminal Justice Today the most widely read college criminal justice textbook form the core of this new edition. They include: A thematic approach that contrasts the justice system's twin goals of ensuring public order and safety while guaranteeing individual rights. The book's theme, present since the first edition, is more relevant today and continues to significantly influence the direction of American society. Timely content, including current issues such as efforts to enhance homeland security, concerns about restrictions on individual freedoms in the face of terrorist threats, corporate crime, identity theft, high-technology crime, and special issues such as policing an ever-changing multicultural society. A futures orientation, including a special chapter on the future of criminal justice that points the way to and helps students appreciate the unchanging foundation upon which American criminal justice rests. simple to stay abreast of the latest news, research reports, and government-sponsored studies of relevance to the study of criminal justice. The eighth edition also brings exciting new features to Criminal Justice Today. Among them are: Expanded police coverage, including an entirely new chapter on police organization and management. The criminal justice system's response to terrorism, including broad coverage of homeland security issues, the impact of domestic and international terrorism on criminal justice practices and procedures, individual rights in the face of enhanced security; and terrorism prevention, response, and control. Detailed coverage of corporate crime, including possible criminal activities of companies such as Enron, WorldCom, Adelphia, Vivendi Universal, Kmart, Global Crossing, Tyco International, and London-based auction house Sotheby's. Crime mapping, predictive, and enforcement technologies, including CompStat and CopLink software, wearable augmented reality devices, and biometrics. with special graphics provided by the Massachusetts State Police.