Comparative perspectives on criminal justice in China

著者

書誌事項

Comparative perspectives on criminal justice in China

edited by Mike McConville, Eva Pils

Edward Elgar, c2013

大学図書館所蔵 件 / 全5件

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注記

Includes bibliographical references (p. 504-568) and index

内容説明・目次

内容説明

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 Muhlhahn, Freie Universitat 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. Contributors include: I. Belkin, S. Biddulph, G. Chen, W. Chen, Y.-J. Chen, J.A. Cohen, I. Dobinson, Z. Guo, J. He, R. He, H. Fu, J. Jiang, R. Lan, S.B. Lubman, J. Ma, M. McConville, S.A. Mosher, E. Nesossi, E. Pils, J.D. Rosenzweig, F. Sapio, T. Stutsman, B. Teng, W. Zuo

目次

Contents: Preface PART I: COMPARATIVE PERSPECTIVES ON CRIMINAL JUSTICE 1. Introductory Reflections Jerome A. Cohen 2. Comparative Empirical Co-ordinates and the Dynamics of Criminal Justice in China and the West Mike McConville PART II: THE INVESTIGATION OF CRIME 3. Wrongful Convictions and Tortured Confessions: Empirical Studies in Mainland China He Jiahong and He Ran 4. China's Tortuous Path Toward Ending Torture in Criminal Investigations Ira Belkin 5. Experimental Psychology and Criminal Justice Reform Thomas Stutsman PART III: THE PROSECUTION OF CRIME AND TRIAL PROCESS 6. Issues in the Reform of China's Public Prosecution System - Against the Backdrop of New Revisions to the Criminal Procedure Law Chen Guangzhong 7. Research on Independent Sentencing Procedures Chen Weidong 8. The Guilty Plea: An Australian/Chinese Comparison Ian Dobinson PART IV: CRIMINAL DEFENCE 9. Lawyers' Activism and the Expansion of the Right to Counsel in Taiwan Yu-Jie Chen 10. The Role of Criminal Defence Lawyers in China: An Empirical Study of D County, S Province Zuo Weimin and Ma Jinghua 11. Compromising for 'Justice'? Criminal Proceedings and the Ethical Quandaries of Chinese Lawyers Elisa Nesossi 12. Who Should be Entitled to Initiate a Mental Examination Process? An Empirical Perspective Zhiyuan Guo 13. Killing the Lawyer as the Last Resort: The Li Zhuang Case and its Effects on Criminal Defence in China Lan Rongjie PART V: PUNISHMENT REGIMES EXTERNAL TO THE CRIMINAL JUSTICE SYSTEM 14. Rights in the New Regime for Treatment of Drug Dependency Sarah Biddulph 15. Legal Erosion and the Policing of Petitions Flora Sapio 16. Resolving the 'Endless Narrative': Criminal Defamation and Expression Rights in China Joshua D. Rosenzweig 17. The Upward and Downward Spirals in China's Anti-Corruption Enforcement Fu Hualing 18. 'Disappearing' China's Human Rights Lawyers Eva Pils 19. Politics and Criminal Justice Jerome A. Cohen PART VI: CONCLUDING OBSERVATIONS 20. Concluding Observations Stanley B. Lubman PART VII: POSTSCRIPT: THE 2012 PRC CRIMINAL PROCEDURE LAW 21. Comments on the 2012 Revision of the Chinese Criminal Procedure Law Joshua D. Rosenzweig, Flora Sapio, Jiang Jue, Teng Biao and Eva Pils Bibliography Index

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