Criminal Justice With Chinese Characteristics

In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​

This important edited collection of articles by both Chinese and American scholars attempts to promote a more accurate and in-depth understanding of crime and social control in China, as it undergoes significant cultural, economic, and social change. The editors contend that as the economic system has been transformed, many other social institutions in China have also experienced unprecedented changes, including legal institutions and other organizations responsible for social control. The essays focus on crime in China and summarize the major structural changes in Chinese society and their effects on crime and justice over the last ten to fifteen years, offer an overview of Chinese perspectives on crime, examine socio-economic changes and their impact on social control, and discuss changes in adults' and children's courts and the new changes in Chinese policing in Chinese society. Organized into four parts, this work addresses the nature, extent and special features of crime and delinquency in China under conditions of social change. It also investigates the question of the social correlation of changing patterns of crime. The impact of social transition on the changes in the grassroots level of social control is also discussed. Chinese law and criminal justice, with particular focus on the courts, police, and crime prevention are mentioned as well. This unique collection of essays is a timely and significant contribution to the fields of comparative criminology, social control, Chinese studies, and legal studies.

Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.

Where other books have discussed selected social practices in China, this volume is unique in its coverage of the entire social control apparatus of that country. The contributors to this comprehensive study describe the design and operation of the Chinese social control system. Drawing on data gathered in China, the book introduces readers to China's unusual blend of formal and informal devices at the individual and neighborhood level up through the formal criminal justice system. This social control approach stresses citizen involvement and emphasizes prevention rather than reaction. The various chapters describe how the criminal justice system operates when these devices fail. The book's primary conclusion is that the low rates of deviance in China are a consequence of extensive social control efforts at the grassroots level. These grassroots devices are carefully controlled by the government. At the same time, however, China is rapidly changing. There is an extensive development of a formal criminal justice system and rapid economic development. The contributors predict that China's crime rate will rise as these trends continue. Professional criminologists, as well as students and scholars of criminology, delinquency, and comparative criminal justice systems, will find this book a valuable resource.

Nterest measurement is developed on the basis of reflection and criticism of conceptual law, which refers to the process or method of comparing and weighing various conflicting interests and making value judgments in specific cases. With the development of the times, the conflicts of interests in society have intensified, and difficult criminal cases have emerged in an endless stream. However, there are certain loopholes in China's current criminal law norms. At the same time, judges pay too much attention to the deduction of formal logic when judging, which leads to a series of difficulties in the process of law application. Interest measurement can make up for the defects of legal norms, solve the conflicts of interests in the case, and finally achieve the unity of formal justice and substantive justice, legal and emotional justice. The theory of socialist justice with Chinese characteristics can effectively guide the use of interest measurement methods, and the correct use of interest measurement methods can implement the theory of socialist justice with Chinese characteristics.

This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

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.