Crime and Justice in Japan and China


Book Description

There are many exciting and emerging developments in the justice systems of Japan and China. This book offers an analysis of the two systems with comparisons to the United States' system of criminal justice. Many of the issues explored reflect the fascinating cultural and historical foundations of the two countries. While sharing some interesting similarities, there are vast differences in how the criminal justice systems operate. One of the major themes of Crime and Justice in Japan and China is an examination of how each society's culture has influenced crime and justice. In fact it is evident that the cultural, economic and historical influences of these two Asian giants have had a more profound influence on their justice systems than the police, courts and prisons. "The discussion of the criminal justice system of and crime in Japan is an excellent introduction to these topics for the general reader and students new to the field of comparative criminal justice ... [R]eaders will come away with a better understanding of the highly politicized nature of the Chinese criminal justice system." --CHOICE Magazine




Criminal Justice in China


Book Description

.Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'




Japanese War Criminals


Book Description

Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.




Crime in Japan


Book Description

This book reviews research on psychology and crime in Japan, and compares the findings with similar research conducted in Western industrialised countries. It examines explanations for crime and antisocial behaviour in Japan using research and theories from a psychological perspective. Topics covered include cultural explanations, developmental and life-course criminology, family violence and family risk factors, youth crime and early prevention, school factors and bullying, mental disorders, biosocial factors, psychopathy and sexual offending. In some parts, it challenges and refines the prevailing belief that Japan is a society characterised by low crime and little antisocial behaviour. This original project is the most up-to-date work on crime in Japan, and advances the important field of psychological criminology.




The Tokyo Trial and War Crimes in Asia


Book Description

The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author’s personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author’s manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.




Corporate Crime in China


Book Description

Corporate crime in China has garnered worldwide attention and in the recent years we have witnessed positive legislative and administrative efforts by the Chinese government to prevent corporate misconducts. This book first defines the meaning of corporate crime in China and answers the basic questions of what corporate crime is through real life cases. Then, it introduces the history of corporate crime and reviews academic studies through these key questions. The book also discusses the scope of corporate crime, the basis of corporate criminal liability, the criminal liability of State organizations, the corporate compliance programs and corporate criminal liability and the procedural issues. The book also provides suggestions from a comparative perspective by referring to the latest global developments on corporate crime. In the concluding chapter, the book discusses the goals of corporate crime prevention policy and comes up with feasible reform proposals with a brief summary on the existing problems of the current policies through a macro perspective. There is no existing book that deals with the legislation and criminal justice practices of corporate crime in China and this book will help to shed insight into the subject.




Japanese War Crimes


Book Description

The question of national responsibility for crimes against humanity became an urgent topic due to the charge of ethnic cleansing against the previous Yugoslav government. But that was not the first such urging of legal and moral responsibility for war crimes. While the Nazi German regime has been prototypical, the actions of the Japanese military regime have been receiving increasing prominence and attention. Indeed, Peter Li's volume examines the phenomenon of denial as well as the deeds of destruction. Certainly one of the most troublesome unresolved problems facing many Asian and Western countries after the Asia Pacific war (1931u1945) is the question of the atrocities committed by the Japanese Imperial Army throughout Asia and the Japanese government's repeated attempts to whitewash their wartime responsibilities. The psychological and physical wounds suffered by victims, their families, and relations remain unhealed after more than half a century, and the issue is now pressing. This collection undertakes the critical task of addressing some of the multifaceted and complex issues of Japanese war crimes and redress. This collection is divided into five themes. In "It's Never Too Late to Seek Justice," the issues of reconciliation, accountability, and Emperor Hirohito's responsibility for war crimes are explored. "The American POW Experience Remembered" includes a moving account of the Bataan Death March by an American ex-soldier. "Psychological Responses" discusses the socio-psychological affects of the Nanjing Massacre and Japanese vivisection on Chinese subjects. The way in which Japanese war atrocities have been dealt with in the theater and cinema is the focus of "Artistic Responses." And central to "History Must not Forget" are the questions of memory, trauma, biological warfare, and redress. Included in this volume are samples of the many presentations given at the International Citizens' Forum on War Crimes and Redress held in Tokyo in Decem




Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited


Book Description

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.




Defending the Enemy


Book Description

From 1946-48 Elaine B. Fischel worked in Tokyo alongside the American attorneys assigned to defend the Japanese war criminals held responsible for the torture and deaths of millions of civilians and prisoners of war. She recounts the post-WWII transition in Japan to the country's occupation by their former enemy, and the subsequent surprise on the part of the Japanese citizenry that the U.S. allegiance to democracy meant providing a fair trial even to the men considered the most evil perpetrators of atrocities. In letters to her family at the time, the author as a young woman tries to explain her relationships with the defendants and her own surprise at the growing fondness she felt for many of the "villains" of WWII-particularly prime minister and general Hideki Tojo, known during the war as "Razor." Defending the Enemy is also the story of a young woman who wants to make the most of her time in a country so full of beauty. Fischel interweaves the activities and intrigues of the trial alongside her tales of travel throughout Japan, her social engagements with high-ranking military and civilians, and her unique enduring relationships, such as her friendship with Emperor Hirohito's brother, Prince Takamatsu. In doing so, Fischel illuminates the paradoxes inherent during this period in history. Elaine B. Fischel was born in New York. Her widowed mother moved her girls out of the big city and raised Elaine and her sister in Southern California. In addition to "honors" grades in high school, Elaine's athletic abilities led to a number-one ranking in Junior tennis and, while representing UCLA, she became a National Intercollegiate Tennis Champion. The end of World War II found Elaine working in Tokyo for two-and-a-half years at the trial of the twenty-eight accused Japanese war criminals. General Douglas MacArthur, the leader of the Occupation, recruited American lawyers to defend the fallen leaders to insure that history would say this was a "fair trial." Elaine's assignment to the Defense enabled her to interact with the fallen leaders, who had become "clients," and with military leaders, diplomats, the Japanese royal family, and Japanese citizens from all walks of life. When the trial was over, Fischel returned home and attended the University of Southern California School of Law. She went on to practice law for fifty-seven years. Book jacket.




Psycho-Criminological Perspective of Criminal Justice in Asia


Book Description

This book offers both theoretical and practical examinations of the psycho-criminology of criminal justice in Asia, with particular emphasis on the Hong Kong and Singapore contexts. It is designed to present the current state of the field, which addresses key topics in three major sub-areas – policing and legal system, offender rehabilitation and treatment, and research and future directions. Written by academics with extensive research experience in their respective topics and senior ranking practitioners in their fields, topics include psychologists’ involvement in different aspects of forensic investigation, police emotional reactions to major incidents, the application of psychological approaches in developing offender rehabilitation and treatment modules to address different offender’s criminogenic needs, and legal issues related to the insanity defence, fitness to plead, the jury system, and the procedural justice and legitimacy. An important reference for post-graduate courses, this book will be of special interest to criminologists and psychologists working in forensic settings, mental health professionals, policy-makers, police personnel, prison officials, and legal executives. Chapters include: 1. Youth gang offenders in Singapore 2. Offender rehabilitation: the Hong Kong Correctional Services Department 3. Juries as decision makers in East Asian judicial systems: Hong Kong, the Mainland China, South Korea, and Japan 4. The psychology of violent extremism: what we know and what else we need to do