The Application Of Fair Judicial Theory With Chinese Characteristics In Criminal Trials

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.

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

Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.

Policymakers and economists largely agree that 'rule of law' and property rights are essential for a sound economic policy, particularly for most developing countries. But it is becoming increasingly apparent that transplanting legal frameworks from one society to another doesn't work - even though neoliberal orthodoxy has held that it should. China's economic development offers a backdrop for developing alternative viewpoints on these issues. In this book, economists, academics, and policymakers wade straight into the discussion, using China as a concrete reference point. The volume is the result of a series of dialogues among academics and policymakers from China and around the world. While the authors are not at all of one mind on many things, they do share the conviction that China is now entering a critical phase in its economic development and in its transition to a distinctly Chinese market economy. The essays cover a broad range of subjects that have been particularly relevant in China's growth, from property rights to social rights, corporate rights, institutions, intellectual property, and justice. Although the work thoroughly analyzes the best regulatory and institutional frameworks for China's evolving economic and political strategy, its ultimate goal is bigger: it seeks to aid policymakers in both developing and developed countries to create - or in the latter case reform - institutional and regulatory frameworks to achieve equitable and sustained development.

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.

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.

This book discusses the connotation and function of social governance and elaborates on social governance thought in classical Marxism, Mao Zedong’s social governance thought, and social governance thought in socialism with Chinese characteristics, especially in Xi Jinping’s New Era. Together, these components constitute the basic theory of social governance in China. Moreover, the book clarifies ancient and modern social governance thought in China and analyzes institutional innovations, practices, and experiences of Chinese social governance. It depicts the evolution and reform of social governance in China both vertically and horizontally. In turn, it addresses the overall system, fundamental institutions, hierarchy, field, and mode of China’s social governance, as well as its connection to national security. It discusses major issues and their causes, together with enhancing mechanisms. In closing, it outlines future trends in Chinese social governance, and its role in and effects on the global governance system.