The Chinese Communist Treatment of Counterrevolutionaries, 1924-1949


Book Description

During the period 1924-1949, amid civil war with the KMT, war with the Japanese, internal leadership disputes, and other chaotic conditions, rapid shifts occurred in the political culture of China. Patricia Griffin contends that an understanding of how the Chinese Communists created a legal system at this time is essential to a grasp of more recent events. Focusing on the Communists' definition and treatment of counterrevolutionaries, she describes and assesses the contribution of environment, ideology, and leadership in the development of legal techniques used by the Communists in their rise to power. In this book, translations of the major statutes concerning counterrevolutionaries during the period, together with an account of the growth of counterrevolutionary law and the legal structure, explain how the counterrevolutionaries were dealt with and how their treatment changed in response to external and internal stimuli. The author analyzes the roles of ideology and experience as determinants of law toward counterrevolutionaries and, in a final chapter, discusses the implications of the early experience for future legal developments in China. Her topic is of vital importance because of the politically sensitive nature of the subject matter and because of the time period examined. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.




The United States and China


Book Description

Focusing on China during the last twenty-five years, the author illuminates the country's traditions, customs, political structure, and economy.




China's Security State


Book Description

China's Security State describes the creation, evolution, and development of Chinese security and intelligence agencies as well as their role in influencing Chinese Communist Party politics throughout the party's history. Xuezhi Guo investigates patterns of leadership politics from the vantage point of security and intelligence organization and operation by providing new evidence and offering alternative interpretations of major events throughout Chinese Communist Party history. This analysis promotes a better understanding of the CCP's mechanisms for control over both Party members and the general population. This study specifies some of the broader implications for theory and research that can help clarify the nature of Chinese politics and potential future developments in the country's security and intelligence services.




China's Bloody Century


Book Description

Except for Soviet citizens, no people in this century have endured so much mass killing as have the Chinese. They have been murdered by rebels conniving with their own rulers, and then, after the defeat in war of the imperial dynasty, by soldiers of other lands. They have been killed by warlords who ruled one part of China or another. They have been executed by Nationalists or Communists because they had the wrong beliefs or attitudes or were simply in the wrong place at the wrong time. In China's Bloody Century, R.J. Rummel's careful estimate of the total number of killings exceeds 5 million. How do we explain such killings, crossing ideological bounds and political conditions? According to Rummel, the one constant factor in all the Chinese mass murder, as it was in the Soviet Union and Nazi Germany, is arbitrary power. It was the factor that united warlords, Nationalists, Communists, and foreign armies. The author argues that whenever such undisciplined power is centralized and unchecked, the possibility exists that it will be used at the whim of dictators to kill for their own ends, whether the aim is ethnic-racial purity, national unity, development, or utopia. The book presents successive periods in modern Chinese history, with each chapter divided into three parts. Rummel first relates the history of the period within which the nature and the amount of killings are presented. He then provides a detailed statistical table giving the basic estimates with their sources and qualifications. The final part offers an appendix that explains and elaborates the statistical computations and estimates. While estimates are available in the literature on the number of Chinese killed in Communist land reform, or in Tibet, or by the Nationalists in one military campaign or another, until this book no one has tried to systematically accumulate, organize, add up, and analyze these diverse killings for all of China's governments in this century. For




Global Convict Labour


Book Description

Global Convict Labour offers a global history of convict labour across many of the regimes of punishment that have appeared from Antiquity to the present, including transportation, prisons, workhouses and labour camps. The editors' essay surveys the available literature, and sets the theoretical basis to approach the issue. The fifteen chapters explore the genealogies of convict labour and its relationships with coloniality and governmentality. The volume re-establishes convict labour firmly within labour history, as one of the entangled, multiple labour relations that have punctuated human history. Similarly, it places convictism back within migration history at large, bridging the gap between the growing literature on convict transportation and research on slavery and other forms of free and bonded migration. Contributors are: Carlos Aguirre, David Arnold, Marc Buggeln, Timothy Coates, Christian G. De Vito, Mary Gibson, Miriam J. Groen-Vallinga, Stacey Hynd, Padraic Kenney, Alex Lichtenstein, Hamish Maxwell-Stewart, Alice Rio, Ricardo D. Salvatore, Jean-Lucien Sanchez, Pieter Spierenburg, Stephan Steiner, Laurens E. Tacoma, Heather Ann Thompson, Lynne Viola.




National Security and Fundamental Freedoms


Book Description

There has been intense interest in the proposals to implement Article 23, both in Hong Kong and abroad. This book will be valuable to anyone who has followed or participated in that debate or has an interest in the delicate balance between civil liberties and national security. The book will be particularly useful for legislators, policy-makers, lawyers, journalists, historians, teachers, and students, especially in the fields of law and the social sciences. The statutory Appendix will assist teachers and students to draw comparisons between existing law and the government's proposals. In 2003 more than 500,000 people marched in Hong Kong against the National Security (Legislative Provisions) Bill, which would have prohibited treason, sedition, secession, and subversion against the national government of China and included new mechanisms for proscribing political organisations. This edited collection analyses that legislation, particularly the implications for civil liberties and the one country two systems model. Although the massive protest compelled the Hong Kong government to withdraw the Bill from the legislature in 2003, it will likely propose similar legislation in the future because Hong Kong has a constitutional obligation to implement Article 23 of the Basic Law. The book provides detailed and balanced commentary on the Bill, explains why certain proposals proved so controversial, and offers concrete recommendations on how to improve the proposals before the next legislative exercise. Fu Hualing is an Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. His research interests include social legal studies, human rights and criminology. He has an LLB from Southwestern University of Law and Politics (China), an MA from the University of Toronto (Canada) and a doctorial degree from Osgoode Hall Law School (Canada). Carole J. Petersen is an Associate Professor and a former Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. She has been teaching law in Hong Kong since 1989, specializing in constitutional law, human rights, and anti-discrimination law. She has a BA from the University of Chicago, a JD from Harvard Law School, and a Post-graduate Diploma in the Law of the People’s Republic of China from the University of Hong Kong. Simon N. M. Young is an Associate Professor and Deputy Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. He teaches criminal law, evidence and legal aspects of white collar crime. Previously, he was Counsel in the Crown Law Office-Criminal, Ministry of the Attorney General for Ontario, in Toronto, Canada. He obtained his LLB from the University of Toronto and his LLM from Cambridge University. “This collection of essays on the saga of Hong Kong’s efforts to address the mandate of Article 23 in the Basic Law of the Hong Kong Special Administrative Region and related matters is likely to be an extremely useful resource for a number of audiences. These include those directly engaged with the issue of legislation and policymaking in Hong Kong in both public institutions and in the community; those who have an interest in the development of Hong Kong’s political and legal system and its relationship to the system of Mainland China; and those with an interest in national security and anti-terrorism legislation more generally, from a comparative perspective. The overall quality and range of the contributions is strong. The topic itself is a current and important one, and the collection is an important contribution to the field.” — Andrew Byrnes, Professor of Law, Australian National University “The debate on legislation to ensure the sovereignty and security of the PRC against threats from Hong Kong was a turning point in the Special Administrative Region’s political history. It showed that while some Hong Kong residents may have reservations about democracy, human rights are cherished by almost all. It also showed that people can influence policy even without formal institutions of democracy. The authors of this book played a leading role in the debate, clarifying the legal issues, which was critical to an informed debate.” — Yash Ghai, Sir Y.K. Pao Professor of Public Law, University of Hong Kong




Crime, Punishment and the Prison in Modern China


Book Description

This book is a richly textured social and cultural study exploring the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.




Global Anti-Terrorism Law and Policy


Book Description

This international work provides information on and analysis of anti-terrorism law and policy by top experts in the field.




China's Legal Awakening


Book Description

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.




Tradition of the Law and Law of the Tradition


Book Description

Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.