The Judicial System and Reform in Post-Mao China

The Judicial System and Reform in Post-Mao China
Author: Dr Yuwen Li
Publisher: Ashgate Publishing, Ltd.
Total Pages: 305
Release: 2014-11-28
Genre: Law
ISBN: 1472436075

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.

The Judicial System and Reform in Post-Mao China

The Judicial System and Reform in Post-Mao China
Author: Yuwen Li
Publisher: Routledge
Total Pages: 511
Release: 2016-03-03
Genre: Law
ISBN: 1317026551

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.

Chinese Courts and Criminal Procedure

Chinese Courts and Criminal Procedure
Author: Björn Ahl
Publisher: Cambridge University Press
Total Pages: 301
Release: 2021-07-08
Genre: Law
ISBN: 1108833306

This volume investigates questions linking institutional changes within the court system and legal environment with developments in criminal procedure law.

The Power of the Supreme People's Court

The Power of the Supreme People's Court
Author: Ding Qi
Publisher: Routledge
Total Pages: 182
Release: 2019-08-09
Genre: Law
ISBN: 0429581157

This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.

Trial of Modernity

Trial of Modernity
Author:
Publisher: Stanford University Press
Total Pages: 378
Release: 2008
Genre: History
ISBN: 0804779503

This title explores the Chinese judicial system and its operations in the Rebulican era. It offers an analysis of how judicial reform initiatives were envisioned and pursued by the central government from 1901 through 1937, how the various initiatives were implemented at the provincial and county levels, and much more.

China's Supreme Court

China's Supreme Court
Author: Ronald C. Keith
Publisher: Routledge
Total Pages: 248
Release: 2013-10-23
Genre: Social Science
ISBN: 1134666004

This book examines the learning curve of the People's Supreme Court of China as an expanding Chinese national institution that has played a key role in the struggle for the rule of law in China. Within the unity of state administration and the requirements of the constitution, the court has negotiated the changing tension between politics and law through improvising new formats of interpretation and supervision in response to the changing priorities of revolution and market reform.

Bird in a Cage

Bird in a Cage
Author: Stanley B. Lubman
Publisher: Stanford University Press
Total Pages: 464
Release: 1999
Genre: Law
ISBN: 9780804743785

This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Dispute Resolution in the People’s Republic of China

Dispute Resolution in the People’s Republic of China
Author: Zhiqiong June Wang
Publisher: BRILL
Total Pages: 339
Release: 2019-12-02
Genre: Law
ISBN: 900433128X

This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.