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Author: Sida Liu
Publisher: Cambridge University Press
Published: 2016-11-14
Total Pages: 227
ISBN-13: 1107162416
DOWNLOAD EBOOK →This book studies the struggles for basic legal freedoms in the work and political mobilization of defense lawyers in China's criminal justice system.
Author: Jiang Jing (Sean)
Publisher: Hong Kong Lawyers Association Press 香港律师协会出版社
Published: 2024-06-26
Total Pages: 83
ISBN-13:
DOWNLOAD EBOOK →This Book is an essential resource that demystifies the Chinese criminal justice system authored by Guo Huan Law Firm and its lawyers team. It is a comprehensive manual that provides readers with an in-depth understanding of the rights and protections afforded to individuals under Chinese law. Key features of this guide include: Fundamental Principles: An exploration of the core principles that underpin Chinese criminal law, including the presumption of innocence and the right to a fair trial. Criminal Procedures: A detailed walkthrough of the stages of criminal proceedings, from investigation and arrest to trial and appeal. Rights of the Accused: A clear explanation of the rights of individuals accused of a crime, including the right to legal representation and to remain silent. Defense Strategies: Practical advice on building a robust defense, including the collection of evidence and the cross-examination of witnesses. Sentencing and Penalties: An overview of the sentencing process and the types of penalties that may be imposed under Chinese law. Rehabilitation and Reintegration: Insights into the mechanisms for rehabilitation and reintegration of offenders into society after serving their sentences. Legal Reforms and Trends: An analysis of recent legal reforms and ongoing trends in Chinese criminal law, highlighting areas of development and potential for future change. This book is written with the intent to serve as a reliable companion for anyone seeking to understand or engage with Chinese criminal law. It is a practical guide that combines legal expertise with a commitment to upholding the rights of the individual. "Defending Your Rights" is not just a book; it is a champion for justice and a defender of rights in the complex landscape of Chinese criminal law.
Author: Shizhou Wang
Publisher: Kluwer Law International B.V.
Published: 2017-11-20
Total Pages: 260
ISBN-13: 9041195289
DOWNLOAD EBOOK →Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Author: Aspatore, Inc
Publisher: Aspatore Books
Published: 2012
Total Pages: 0
ISBN-13: 9780314286796
DOWNLOAD EBOOK →Navigating Criminal Law in China provides an authoritative, insiders perspective on the principles and organization of the Chinese legal system and offers valuable insight into the Peoples Republic of China (PRC) Criminal Law and Criminal Procedure Law. Featuring partners and chairs from some of Chinas leading law firms, this book guides the reader through the process of demystifying the structure of Chinese criminal law and the implications for effective defense strategies. These top lawyers provide guidance on the history, major elements, and recent developments of the Chinese criminal code with special focus on the Criminal Laws Eighth Amendment, enacted in 2011. Finally, these leaders share their thoughts on the criminal trial process, offering practical insights and references to key criminal cases in China. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer their thoughts on the evolution of criminal practice in China.
Author: Michael McConville
Publisher: Edward Elgar Publishing
Published: 2013-01-01
Total Pages: 614
ISBN-13: 1781955867
DOWNLOAD EBOOK →'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.
Author: Mike McConville
Publisher: Edward Elgar Publishing
Published: 2011-01-01
Total Pages: 577
ISBN-13: 0857931911
DOWNLOAD EBOOK →.Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'
Author: Thomas W. Simon
Publisher: Springer
Published: 2016-04-29
Total Pages: 264
ISBN-13: 1137452064
DOWNLOAD EBOOK →While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.
Author: He Jiahong
Publisher: University of Hawaii Press
Published: 2016-03-31
Total Pages: 265
ISBN-13: 0824856651
DOWNLOAD EBOOK →China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.
Author: Liling Yue
Publisher: Bloomsbury Publishing
Published: 2021-10-07
Total Pages: 248
ISBN-13: 1509934936
DOWNLOAD EBOOK →This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.
