Legal Reforms and Deprivation of Liberty in Contemporary China

Author: Elisa Nesossi
Publisher: Routledge
ISBN: 1317106059
Format: PDF, ePub, Mobi
Download Now
The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.

Conservation and Recreation in Protected Areas

Author: Yun Ma
Publisher: Routledge
ISBN: 1317161882
Format: PDF, Docs
Download Now
This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

Author: Brian Christopher Jones
Publisher: Taylor & Francis
ISBN: 131715715X
Format: PDF
Download Now
Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.

Sovereign Power and the Law in China

Author: Flora Sapio
Publisher: BRILL
ISBN: 9004182454
Format: PDF
Download Now
This volume analyses under-researched institutions and practices in China's criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order.

Theatre of the Rule of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Format: PDF, ePub, Mobi
Download Now
Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

China s Pre trial Justice

Author: Elisa Nesossi
Publisher: Wildy, Simmonds & Hill Publishing
ISBN: 9780854901036
Format: PDF, Kindle
Download Now
"This book examines the relationship between international human rights standards and local legal norms in the People's Republic of China (PRC). Focussing on the realm of criminal justice in post-Deng China, Criminal Procedure Law reforms and their impact on the PRC's ratification of and future accession to the International Covenant of Civil and Political Rights, this book examines the limits to the protection of criminal suspects rights during pre-trial proceedings. Notwithstanding the significance of pre-trial proceedings in the Chinese criminal justice system, to date no other publication in a Western language has systematically focussed on this important issue. This book thus fills a serious gap in the literature by offering a detailed discussion of this aspect of criminal justice and human rights in contemporary China. The book is intended as a contribution to the study of Chinese law, human rights law and comparative criminal justice, and by considering developments in Chinese local legal culture, it also explores issues of broader interest to comparativists and legal sociologists"--Provided by publisher.

China s Legal Reform

Author: Keyuan Zou
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152326
Format: PDF, Mobi
Download Now
China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.

Plunder

Author: Ugo Mattei
Publisher: John Wiley & Sons
ISBN: 0470695803
Format: PDF
Download Now
Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?

Tying the Autocrat s Hands

Author: Yuhua Wang
Publisher: Cambridge University Press
ISBN: 1107071747
Format: PDF, ePub, Docs
Download Now
Tying the Autocrat's Hands provides a comprehensive, empirical evaluation of legal reforms in contemporary China. Based on the author's extensive fieldwork and analyses of original data, the book tells a story in which foreign investors with weak political connections push for judicial empowerment in China, while Chinese investors struggle to hold on to their privileges.