Criminal Defense in China


Book Description

This book studies the struggles for basic legal freedoms in the work and political mobilization of defense lawyers in China's criminal justice system.




Chinese Policing


Book Description

This book documents a systematic investigation into various aspects of policing in the People's Republic of China, including its scholarship, idea, origin, history, education, culture, reform, and theory. It approaches the study of Chinese policing from an indigenous perspective, informed by local empirical data. In proposing an innovative theory of community policing entitled «Police Power as a Social Resource Theory», the book seeks to look at crime as a personal problem, and police as a social resource, from the perspective of the people and not the state.







Criminal Law in China


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.




China's Changing Legal System


Book Description

While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.




The Politics of Law and Stability in China


Book Description

The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera




Crime, Punishment, and Policing in China


Book Description

Crime long has been a silent partner in China's march to modernization, leading the regime to make law and order as central a priority as economic growth and the promise of prosperity. This groundbreaking study offers the first comprehensive and up-to-date analysis of Chinese crime, policing, and punishment. A multidisciplinary group of leading scholars draw on a rich body of empirical data and rare archival research to illuminate seldom-explored theoretical dimensions of legal ideology and reform as well as the linkages between crime and control to broader themes of law, modernization, and development. The authors balance comparative perspectives with an understanding of China's unique historical and cultural experience. This context is critical, the authors argue, as crime and control are at the root of modernity and how it is defined. In many ways the PRC is reliving the experiences of other industrializing countries, yet at the same time the practices of China's police and prison system also are painted with thick layers of historical memory. Order has become increasingly important in legitimizing the Chinese regime, but its practices and ideas of policing are often missing from our picture of Chinese social and political development. This important book's discussion of the paradoxes of policing and the problems of order bridges that gap and demystifies developments in China. All those interested in modern and contemporary Chinese politics, law, and society, as well as in comparative criminology and law, will find this work an invaluable resource. Contributions by: B rge Bakken, Frank Dik tter, Michael Dutton, James D. Seymour, Murray Scot Tanner, and Xu Zhangrun.




China's Human Rights Lawyers


Book Description

This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.




Policing China


Book Description

In Policing China, Suzanne E. Scoggins delves into the paradox of China's self-projection of a strong security state while having a weak police bureaucracy. Assessing the problems of resources, enforcement, and oversight that beset the police, outside of cracking down on political protests, Scoggins finds that the central government and the Ministry of Public Security have prioritized "stability maintenance" (weiwen) to the detriment of nearly every aspect of policing. The result, she argues, is a hollowed out and ineffective police force that struggles to deal with everyday crime. Using interviews with police officers up and down the hierarchy, as well as station data, news reports, and social media postings, Scoggins probes the challenges faced by ground-level officers and their superiors at the Ministry of Public Security as they attempt to do their jobs in the face of funding limitations, reform challenges, and structural issues. Policing China concludes that despite the social control exerted by China's powerful bureaucracies, security failures at the street level have undermined Chinese citizens' trust in the legitimacy of the police and the capabilities of the state.




Comparative Perspectives on Criminal Justice in China


Book Description

'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.