The Amended and Annotated Criminal Procedure Law of the People's Republic of China with Official Interpretations

The Amended and Annotated Criminal Procedure Law of the People's Republic of China with Official Interpretations
Author:
Publisher:
Total Pages:
Release: 2018
Genre: Criminal courts
ISBN: 9780837740706

On March 14, 2012, the National People's Congress of the PRC substantially amended the country's 1979 Criminal Procedure Law. The Law was first extensively revised in 1996; this second revision also affects a large number of articles, and expands the Law from 225 to 290 articles. Following the new amendment, the supreme court of China also amended its judicial interpretation to the law. The second edition of this book provides new English translations to the amended Criminal Procedure Law and all the related Chinese official judicial and administrative interpretations. The second edition also includes an in-depth Introduction which briefly surveys the legislative history and intent of Chinese criminal procedure law, discusses how the Criminal Procedure Law is interpreted and supplemented in China, and shows how to update and find relevant judicial interpretations. The author has also included subtitles to every article to enhance research, article-by-article annotations, and English-Chinese and Chinese-English glossaries for Chinese criminal procedure law.

The Ashgate Handbook of Legal Translation

The Ashgate Handbook of Legal Translation
Author: Le Cheng
Publisher: Routledge
Total Pages: 350
Release: 2016-04-01
Genre: Law
ISBN: 1317044231

This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.

Towards a Chinese Civil Code

Towards a Chinese Civil Code
Author: Lei Chen
Publisher: Martinus Nijhoff Publishers
Total Pages: 577
Release: 2012-11-13
Genre: Law
ISBN: 9004204873

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

Do Exclusionary Rules Ensure a Fair Trial?

Do Exclusionary Rules Ensure a Fair Trial?
Author: Sabine Gless
Publisher: Springer
Total Pages: 387
Release: 2019-04-17
Genre: Law
ISBN: 3030125203

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Constitutional Law in China

Constitutional Law in China
Author: Xu Chongde
Publisher: Kluwer Law International B.V.
Total Pages: 206
Release: 2019-02-14
Genre: Law
ISBN: 9403507322

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

People's Republic of China, Volumes I and II

People's Republic of China, Volumes I and II
Author: Frank N. Pieke
Publisher: Routledge
Total Pages: 1040
Release: 2022-03-10
Genre: Social Science
ISBN: 1351761676

This title was first published in 2002. This two volume set collects in a conveniently accessible form the most influential articles by leading authorities in the study of China. It provides an international reference work, combined with an authoritative introduction by the editor.

The Making of Chinese Criminal Law

The Making of Chinese Criminal Law
Author: Ying Ji
Publisher: Routledge
Total Pages: 129
Release: 2021-03-08
Genre: Law
ISBN: 100035122X

By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.

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

Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.