The China Legal Development Yearbook, Volume 3


Book Description

This 2008 yearbook reviews major legal developments in 2007, including law reform priorities, major legal policy debates and newly enacted legislation. It provides valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.




The China Legal Development Yearbook, Volume 2


Book Description

This volume of the China Legal Development Yearbook is the second in a series of annual reports written by leading Chinese law and legal policy scholars and judges. It is edited by the Institute of Law at the Chinese Academy of Social Sciences. The Yearbook contains reports on law reform priorities, major legal policy debates and an account of legislation proposed and passed in 2006. This Yearbook features reports on those legal reforms seeking to strengthen the rule of law and to make the administration of justice more “people-oriented”. It contains articles and reports on reforms made to improve the standard of judicial justice, reforms to the criminal justice system, as well as evaluations of the functioning of systems of administrative litigation, review and state compensation. Chapters also address human rights issues and analyse current problems relating to dispute resolution. This Yearbook provides a valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.




The China Legal Development Yearbook


Book Description

This volume of the China Legal Development Yearbook is the second in a series of annual reports written by leading Chinese law and legal policy scholars and judges. It is edited by the Institute of Law at the Chinese Academy of Social Sciences. The Yearbook contains reports on law reform priorities, major legal policy debates and an account of legislation proposed and passed in 2006. This Yearbook provides a valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.




The Death Penalty in Contemporary China


Book Description

China's infamous death penalty record is the product of firm Party-state control and policy-setting. Though during the 1980s and 1990s, the Party's emphasis was on "kill many," in the 2000s the direction of policy began to move toward "kill fewer." This book details the policies, institutions, and story behind the reform of the death penalty.




Assessing Treaty Performance in China


Book Description

This volume outlines a new approach for understanding China's treaty performance around international standards on trade and human rights, using the paradigms of selective adaptation and institutional capacity. Selective adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy. Institutional capacity explains how operational dimensions of legal performance are affected by structural and relational dynamics of institutional purpose, location, orientation, and cohesion. The author also offers policy suggestions for more effective engagement with China on trade and human rights issues.




Principles of Chinese Criminal Procedure


Book Description

This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.







Integrating Sustainable Development in International Investment Law


Book Description

The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.




Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China


Book Description

In December 2008 some 350 Chinese intellectuals published a manifesto calling for reform of the Chinese constitution and an end to one-party rule. Known as "Charter 08," the manifesto has since been signed by more than 10,000 people. One of its authors, Liu Xiaobo, was awarded the Nobel Peace Prize in 2010 but has remained in prison since 2009 for subversive crimes. This collection of essays—the first of its kind in English—examines the trial of Liu Xiaobo, the significance and impact of Charter 08, and the prospects for reform in China. The essays include contributions from legal and political experts from around the world, an account of Liu's trial by his defence lawyers, and a passionate—and ultimately optimistic—account of resistance, repression and political change by the human rights lawyer Teng Biao.




China's Marine Legal System and the Law of the Sea


Book Description

This volume focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996.