The Construction of Guilt in China

The Construction of Guilt in China PDF

Author: Yu Mou

Publisher: Bloomsbury Publishing

Published: 2020-04-02

Total Pages: 280

ISBN-13: 1509913041

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Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.

The Construction of Guilt in China

The Construction of Guilt in China PDF

Author: Yu Mou (Law teacher)

Publisher:

Published: 2020

Total Pages: 264

ISBN-13: 9781509913053

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"Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Setting within a broad socio-legal context, this book outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author follows the investigative dossier in the criminal process - how it is constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony - as its focal point. It illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. This book will appeal to academics, researchers, policy advisors and practitioners working in the areas of criminal law, comparative criminal justice/criminology, as well as in Chinese studies"--

Screen Media and the Construction of Nostalgia in Post-Socialist China

Screen Media and the Construction of Nostalgia in Post-Socialist China PDF

Author: Zhun Gu

Publisher: Springer Nature

Published: 2023-01-31

Total Pages: 246

ISBN-13: 9811974942

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This book traces the cultural transformation of nostalgia on the Chinese screen over the past three decades. It explores how filmmakers from different generations have engaged politically with China’s rapidly changing post-socialist society as it has been formed through three mutually constitutive frameworks: political discourse, popular culture and state-led media commercialisation. The book offers a new, critical model for understanding relationships between filmmakers, industry and the State.

Research Handbook on Plea Bargaining and Criminal Justice

Research Handbook on Plea Bargaining and Criminal Justice PDF

Author: Máximo Langer

Publisher: Edward Elgar Publishing

Published: 2024-04-12

Total Pages: 627

ISBN-13: 1802206671

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Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.

Law, Obligation, Community

Law, Obligation, Community PDF

Author: Daniel Matthews

Publisher: Routledge

Published: 2018-06-27

Total Pages: 272

ISBN-13: 1351403699

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Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Criminal Justice in China

Criminal Justice in China PDF

Author: Klaus Mu_hlhahn

Publisher: Harvard University Press

Published: 2009-04-30

Total Pages: 378

ISBN-13: 9780674054332

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In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

The Children of China's Great Migration

The Children of China's Great Migration PDF

Author: Rachel Murphy

Publisher: Cambridge University Press

Published: 2020-08-20

Total Pages: 303

ISBN-13: 110883485X

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Rachel Murphy explores Chinese children's experience of having migrant parents and the impact this has on family relationships in China.

Honor and Shame in Early China

Honor and Shame in Early China PDF

Author: Mark Edward Lewis

Publisher: Cambridge University Press

Published: 2020-12-10

Total Pages: 265

ISBN-13: 1108843697

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Lewis sheds new light on the early Chinese empires through an ambitious examination of evolving ideas about honor and shame.

Shame and Guilt

Shame and Guilt PDF

Author: June Price Tangney

Publisher: Guilford Press

Published: 2003-11-01

Total Pages: 292

ISBN-13: 9781572309876

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This volume reports on the growing body of knowledge on shame and guilt, integrating findings from the authors' original research program with other data emerging from social, clinical, personality, and developmental psychology. Evidence is presented to demonstrate that these universally experienced affective phenomena have significant implications for many aspects of human functioning, with particular relevance for interpersonal relationships. --From publisher's description.