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Chinese Justice

Chinese Justice PDF

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Author: Margaret Y. K. Woo
Publisher: Cambridge University Press
ISBN: 1139499297
Size: 75.86 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages :
View: 7716

This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.


Chinese Justice The Fiction

Chinese Justice  the Fiction PDF

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Author: Jeffrey C. Kinkley
Publisher: Stanford University Press
ISBN: 9780804739764
Size: 65.82 MB
Format: PDF, ePub
Category : Literary Collections
Languages : en
Pages : 497
View: 5879

This is a full-length study of Chinese crime fiction in all eras: ancient, modern, and contemporary. It is also the first book to apply legal scholars law and literature inquiry to the rich field of Chinese legal and literary culture.


Chinese Civil Justice Past And Present

Chinese Civil Justice  Past and Present PDF

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Author: Philip C. Huang
Publisher: Rowman & Littlefield
ISBN: 9780742567696
Size: 59.30 MB
Format: PDF, ePub, Docs
Category : History
Languages : en
Pages : 297
View: 1732

The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.


Mediation In Contemporary Chinese Civil Justice

Mediation in Contemporary Chinese Civil Justice PDF

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Author: Peter C. H. Chan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004342397
Size: 37.20 MB
Format: PDF, Docs
Category : Conciliation (Civil procedure)
Languages : en
Pages :
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Procedural Justice And The Fair Trial In Contemporary Chinese Criminal Justice

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice PDF

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Author: Elisa Nesossi
Publisher: BRILL
ISBN: 9004386386
Size: 48.22 MB
Format: PDF, Docs
Category : Political Science
Languages : en
Pages : 100
View: 1292

This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China


Civil Justice In China

Civil Justice in China PDF

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Author: Philip C. C. Huang
Publisher: Stanford University Press
ISBN: 9780804734691
Size: 65.85 MB
Format: PDF, Docs
Category : History
Languages : en
Pages : 271
View: 2526

To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.


The Judicial System And Reform In Post Mao China

The Judicial System and Reform in Post Mao China PDF

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Author: Yuwen Li
Publisher: Routledge
ISBN: 131702656X
Size: 54.53 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 298
View: 2609

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.


Criminal Justice In Post Mao China

Criminal Justice in Post Mao China PDF

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Author: Shao-Chuan Leng
Publisher: SUNY Press
ISBN: 9780873959490
Size: 75.22 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 330
View: 7760

The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese law--the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system--such as the court, the procuracy, lawyers, and criminal procedure--and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.


China

China PDF

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Author: Eileen Tamura
Publisher: University of Hawaii Press
ISBN: 9780824819231
Size: 58.66 MB
Format: PDF, Mobi
Category : History
Languages : en
Pages : 262
View: 6018

China: Understanding Its Past aims to fill a conspicuous gap in conventional world history texts, which are often Eurocentric and give scant attention to Asia. Using role-playing, simulations, debates, primary documents, first person accounts, excerpts from literary works, and cooperative learning activities, this text will help students explore many key aspects of China's history and culture. The teacher's manual includes a synopsis of each chapter and section, learner outcomes, definitions of key concepts, directions for student activities, and possible responses to questions posed in the student text. The CD contains selections of Chinese music from different time periods and locales. Liner notes include English translations of lyrics as well as historical information about each selection.


Restorative Justice In China

Restorative Justice in China PDF

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Author: Xiaoyu Yuan
Publisher: Springer
ISBN: 3319639226
Size: 18.55 MB
Format: PDF, ePub, Mobi
Category : Social Science
Languages : en
Pages : 212
View: 5906

This book provides insights into the history, development, and practice of restorative justice methods in China. Traditionally in China, mediation has played an important role in criminal proceedings, which has many characteristics in common with the “Western” concept of restorative justice. Through case studies and theoretical examination, the author of this timely work aims to bridge the research on restorative justice models mainly developed in the West with restorative justice as practiced in China. After a Brief overview and introduction, the author compares and contrasts case studies of restorative justice-like practices from different districts in China. The author examines cases studies from several regions within China, and explores the key question: can the restoration model developed in the West take root in China, and if so what legal, cultural and societal accommodations may need to be made? This work will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in alternative justice practices, restorative justice, and international comparative criminology; as well as researchers interested in Chinese affairs or Asian Studies.