Principles of Chinese Criminal Procedure

Principles of Chinese Criminal Procedure PDF

Author: Liling Yue

Publisher: Bloomsbury Publishing

Published: 2021-10-07

Total Pages: 248

ISBN-13: 1509934936

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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.

Defending Your Rights: A Practical Guide to Chinese Criminal Law

Defending Your Rights: A Practical Guide to Chinese Criminal Law PDF

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:

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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.

Criminal Law in China

Criminal Law in China PDF

Author: Shizhou Wang

Publisher: Kluwer Law International B.V.

Published: 2017-11-20

Total Pages: 260

ISBN-13: 9041195289

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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.

Reform and Development of Powers and Functions of China's Criminal Proceedings

Reform and Development of Powers and Functions of China's Criminal Proceedings PDF

Author: Weidong Chen

Publisher: Springer Nature

Published: 2020-10-15

Total Pages: 551

ISBN-13: 9811584311

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This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

Criminal Justice in Post-Mao China

Criminal Justice in Post-Mao China PDF

Author: Shao-chuan Leng

Publisher: SUNY Press

Published: 1985-06-30

Total Pages: 352

ISBN-13: 9780873959506

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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.

Navigating Criminal Law in China

Navigating Criminal Law in China PDF

Author: Aspatore, Inc

Publisher: Aspatore Books

Published: 2012

Total Pages: 0

ISBN-13: 9780314286796

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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.

Criminal Justice in China

Criminal Justice in China PDF

Author: Mike McConville

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 577

ISBN-13: 0857931911

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.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.'

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