Qing-Yun Jiang shows that court delay is not a serious problem in the lower courts in respect to trial cases, but mainly in appeal cases and retrial cases, which require more time. The author confirms that law enforcement has been an obstacle for the development of market economy and a bottleneck of the judiciary and he concludes that judicial reform should not only deal with symptoms, but with the roots of the political and economic structure.
.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.'
This book documents a systematic investigation into various aspects of policing in the People's Republic of China, including its scholarship, idea, origin, history, education, culture, reform, and theory. It approaches the study of Chinese policing from an indigenous perspective, informed by local empirical data. In proposing an innovative theory of community policing entitled «Police Power as a Social Resource Theory», the book seeks to look at crime as a personal problem, and police as a social resource, from the perspective of the people and not the state.
The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Critical Issues in Contemporary China: Unity, Stability and Development comprehensively examines key problems crucial to understanding modern-day China. Organized around three interrelated themes of unity, stability and development, each chapter explores distinct issues and debate their significance for China domestically and for Beijing’s engagement with the wider world. While presenting contending explanatory approaches, contributors advance arguments to further critical discussion on selected topics. Main issues analysed include: political change military transformation legal reforms economic development energy security environmental degradation food security and safety demographic trends migration and urbanization labour unrest health and education social inequalities ethnic conflicts Hong Kong’s integration cross-Strait relations. Given its thorough and up-to-date assessment of major political, social and economic challenges facing China, this fully revised and substantially expanded new edition is an essential read for any student of Chinese Studies.
As the CCP moves away from traditional Maoism it seeks to maintain its commanding role in political life despite a growing number of challenges to its claims of legitimacy. This book describes these challenges and explains how the CCP adapts to maintain its authority.
This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context. The China Journal This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars both Western and Chinese it should serve as a valuable reference work for years to come. Steven Shavell, Harvard Law School, US This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe. Hans-Bernd Schaefer, Universität Hamburg, Germany In China everything is different, you cannot apply ordinary economics and the legal framework is idiosyncratic. In the course of time, such statements turned out to be prejudices, and the Eger/ Faure/ Zhang volume makes perfectly clear that, for instance, a law and economics approach can shed new light into the intricacies and complexities of Chinese institutional arrangements. Indeed, China creates new puzzles for economic and legal analysis. On the other hand, however, the Chinese need not invent the wheel anew and they do not try it. The book shows instances where a sophisticated law and economics approach can help to develop the legal framework which is appropriate for the transition from a planned into a market economy. The Chinese economic system is not (yet) a normal capitalist market economy, neither is the legal system adapted to a normal private property economy. Nevertheless the chapters of the book apply fruitfully law and economics theories and thus prove their general applicability. One of the outstanding achievements of the volume can be seen in the fact that it recruited more than half of its contributors with a Chinese background. They learn eagerly western approaches and they learn fast. And, of course, they have no problems with understanding Chinese culture and society. So the book combines most profitably the look from the outside and the look from within with a common theoretical framework. Hans-Jürgen Wagener, Europa Universität Viadrina, Germany This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China s legal and economic system, and some recent problems, from this particular viewpoint. The authors apply an economic analysis of law not only to general characteristics of China s social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of deve
In this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.
Organized crime is spreading like a global virus as mobs take advantage of open borders to establish local franchises at will. This book argues that mafiosi often find themselves abroad against their will, rather than through a strategic plan to colonizethe territories.
