Legal Reform And Administrative Detention Powers In China
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| Author | : Sarah Biddulph |
| Publisher | : Cambridge University Press |
| Total Pages | : 51 |
| Release | : 2007-12-20 |
| Genre | : Law |
| ISBN | : 113946809X |
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.
| Author | : Sarah Biddulph |
| Publisher | : |
| Total Pages | : 504 |
| Release | : 2014-05-14 |
| Genre | : Law |
| ISBN | : 9780511378898 |
This book examines the development of Chinese police powers since the 1950s.
| Author | : Yun Zhao |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 110718200X |
A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
| Author | : Amnesty International |
| Publisher | : |
| Total Pages | : 64 |
| Release | : 1987 |
| Genre | : Political Science |
| ISBN | : |
| Author | : Jan Kiely |
| Publisher | : Yale University Press |
| Total Pages | : 416 |
| Release | : 2014-05-27 |
| Genre | : History |
| ISBN | : 0300185944 |
In this groundbreaking volume, based on extensive research in Chinese archives and libraries, Jan Kiely explores the pre-Communist origins of the process of systematic thought reform or reformation (ganhua) that evolved into a key component of Mao Zedong’s revolutionary restructuring of Chinese society. Focusing on ganhua as it was employed in China’s prison system, Kiely’s thought-provoking work brings the history of this critical phenomenon to life through the stories of individuals who conceptualized, implemented, and experienced it, and he details how these techniques were subsequently adapted for broader social and political use.
| Author | : Flora Sapio |
| Publisher | : BRILL |
| Total Pages | : 378 |
| Release | : 2010-07-12 |
| Genre | : Social Science |
| ISBN | : 9004187685 |
In China the coexistence of arbitrary detention and a transition towards a rule of law is either seen as an oxymoron, or as an aberration. This book analyses under-researched institutions and practices in China’s criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order. Hidden behind the law, there lies sovereign power, a power premised on the choice to handle certain issues through procedures that derogate from rights. This theoretically sophisticated study overcomes the current impasses in analyses of China’s criminal justice. The result is an highly innovative reading of law and legality in the PRC, useful to scholars of contemporary China, mainstream political theorists, philosophers of law and policy makers. "This important book heralds a new chapter in the comparative study of Chinese law and society...it presents and analyses a tremendous wealth of information, above all from contemporary Chinese sources...[the book] provides a new basis for deeper comparisons of the emerging Chinese 'reforming Leninist' model with the 'rule of law' and its suspension in Western countries." - Magnus Fiskesjö, Cornell University
| Author | : Weitseng Chen |
| Publisher | : Cambridge University Press |
| Total Pages | : 409 |
| Release | : 2020-07-16 |
| Genre | : Business & Economics |
| ISBN | : 1108496687 |
Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
| Author | : Elisa Nesossi |
| Publisher | : Routledge |
| Total Pages | : 186 |
| Release | : 2016-06-03 |
| Genre | : Law |
| ISBN | : 1317106067 |
The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.
| Author | : Fifa Rahman |
| Publisher | : Lexington Books |
| Total Pages | : 328 |
| Release | : 2013-08-15 |
| Genre | : Social Science |
| ISBN | : 073918038X |
Drug Law Reform in East and Southeast Asia is a multi-author look at drugs in East and Southeast Asia, on drug policy, patterns and trends, local problems, human rights abuses, treatment prospects, and potential reforms. From the history of drugs in Asia, the book examines recent trends in illicit drugs, especially the present enormous amphetamine problems. It addresses recent policy shifts, especially harm reduction responses to the devastating drug-associated HIV epidemics. It explores further necessary reform, especially in regard to the abysmally inhuman current emphasis on detention and the death penalty for drug offences, and present the most recent evidence on effective and humane approaches to drug treatments. As the first comprehensive collection on illicit drug and harm reduction in East and Southeast Asia, it will be a vital resource for health professionals, policymakers, and others working there—and elsewhere—on drug policy reform. As the first comprehensive collection on illicit drugs and harm reduction in East and Southeast Asia, it will be a vital resource for health professionals, policymakers, and others working on East and Southeast Asia—and elsewhere—on drug policy.
| Author | : Yuwen Li |
| Publisher | : Routledge |
| Total Pages | : 298 |
| Release | : 2016-03-03 |
| Genre | : Law |
| ISBN | : 131702656X |
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.
