Criminal Justice in Post-Mao China


Book Description

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.




The Paradox of China's Post-Mao Reforms


Book Description

China's bold program of reforms launched in the late 1970s--the move to a market economy and the opening to the outside world--ended the political chaos and economic stagnation of the Cultural Revolution and sparked China's unprecedented economic boom. Yet, while the reforms made possible a rising standard of living for the majority of China's population, they came at the cost of a weakening central government, increasing inequalities, and fragmenting society. The essays of Barry Naughton, Joseph Fewsmith, Paul H. B. Godwin, Murray Scot Tanner, Lianjiang Li and Kevin J. O'Brien, Tianjian Shi, Martin King Whyte, Thomas P. Bernstein, Dorothy J. Solinger, David S. G. Goodman, Kristen Parris, Merle Goldman, Elizabeth J. Perry, and Richard Baum and Alexei Shevchenko analyze the contradictory impact of China's economic reforms on its political system and social structure. They explore the changing patterns of the relationship between state and society that may have more profound significance for China than all the revolutionary movements that have convulsed it through most of the twentieth century.




Human Rights in China


Book Description

How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.




Human Rights In Post-mao China


Book Description

The concept of individual human rights in the People's Republic of China, as in all communist countries, is fundamentally different from that in the West. Even so, the record of the Mao Zedong years is generally acknowledged as dismal even in China. This book investigates human rights in China from a historical perspective but concentrates on the p




China and the International Human Rights Regime


Book Description

Rana Siu Inboden examines China's role in the international human rights regime between 1982 and 2017 and, through this lens, explores China's rising position in the world. Focusing on three major case studies – the drafting and adoption of the Convention against Torture and the Optional Protocol to the Convention against Torture, the establishment of the UN Human Rights Council, and the International Labour Organization's Conference Committee on the Application of Standards – Inboden shows China's subtle yet persistent efforts to constrain the international human rights regime. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power.




Mao's China and After


Book Description

Presents a revised account of the revolution of 1966-1969 - Examines the social and political consequences of the upheaval - Deng Xiaoping - Democracy movement - Tienamnen Incident - Mao Zedong - The hundred flowers - Great Leap Forward.




Decentralized Authoritarianism in China


Book Description

China, like many authoritarian regimes, struggles with the tension between the need to foster economic development by empowering local officials and the regime's imperative to control them politically. Landry explores how the Chinese Communist Party (CCP) manages local officials in order to meet these goals and perpetuate an unusually decentralized authoritarian regime. Using unique data collected at the municipal, county, and village level, Landry examines in detail how the promotion mechanisms for local cadres have allowed the CCP to reward officials for the development of their localities without weakening political control. His research shows that the CCP's personnel management system is a key factor in explaining China's enduring authoritarianism and proves convincingly that decentralization and authoritarianism can work hand in hand.




Bird in a Cage


Book Description

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.




China's Intellectuals and the State


Book Description

"Today’s intellectuals in China inherit a mixed tradition in terms of their relationship to the state. Some follow the Confucian literati watchdog role of criticizing abuses of political power. Marxist intellectuals judge the state’s practices on the basis of Communist ideals. Others prefer the May Fourth spirit, dedicated to the principles of free scholarly and artistic expression. The Chinese government, for its part, has undulated in its treatment of intellectuals, applying restraints when free expression threatened to get “out of control,” relaxing controls when state policies required the cooperation, good will, and expertise of intellectuals. In this stimulating work, twelve China scholars examine that troubled and changing relationship. They focus primarily on the post-Mao years when bitter memories of the Cultural Revolution and China’s renewed quest for modernization have at times allowed intellectuals increased leeway in expression and more influence in policy-making. Specialists examine the situation with respect to economists, lawyers, scientists and technocrats, writers, and humanist scholars in the climate of Deng Xiaoping’s policies, and speculate about future developments. This book will be a valuable source of information for anyone interested in the changing scene in contemporary China and in its relations with the outside world."




Sowing the Seeds of Democracy in China


Book Description

When they found their efforts had produced negligible results, they tried to introduce new institutions such as a free press, a legislature with real power, the rule of law, and truly competitive elections.