Legal Reform and Administrative Detention Powers in China


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.




Legal Reforms and Deprivation of Liberty in Contemporary China


Book Description

The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.




The Stability Imperative


Book Description

“Stability preservation” (weiwen) has long been an imperative of China’s one-party state. At the same time, China has recently embedded a commitment to the protection of human rights in its constitution. This book examines the multiple and shifting ways in which weiwen impinges on the implementation of human rights. Using case studies, Sarah Biddulph methodically examines the state’s response to labour unrest, medical disputes, and forced housing evictions. As she demonstrates, the state’s reaction can vary from taking steps to ameliorate the underlying causes of the citizens’ grievances to the repression of rights-related protests and the punishment of protestors. The Stability Imperative: Human Rights and Law in China reveals how the systematic failure of the legal system to protect rights coupled with an overemphasis on coercive forms of stability preservation is undermining the authority of law in China and could, ultimately, damage the Communist Party’s leadership.







China's Legal Reform


Book Description

China’s legal system has drawn ever more attention from the international community. It has been developing at a very significant pace since China carried out economic reform and instituted an “open door” policy in 1978.China’s entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China’s legal system. This book focuses on the recent developments of China’s legal system as well as its reform in the context of globalization. It covers various hot and timely topics, including constitutional changes, the relationship between the Chinese Communist Party and the law, legislation, law-based administration, laws for anti-corruption campaigns, judicial reform, legal education and China’s compliance with international law. The book is suitable for lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in China, Chinese law, comparative and international law.




Sovereign Power and the Law in China


Book Description

This work undertakes an analysis of extra-legal institutions in China’s criminal justice, explaining their resilience and entrenchment with the thesis that sovereign power is premised on juridical mechanisms that allow the suspension of rights.




Taming the Dragon


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China


Book Description




Chinese Legal Reform and the Global Legal Order


Book Description

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.




Reform and Development of Powers and Functions of China's Criminal Proceedings


Book Description

This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.