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This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and t...
According to the Chinese zodiac, 2018 was the year of the ‘earthly dog’. In the middle of the long, hot, and feverish dog days of the summer of 2018, some workers at Shenzhen Jasic Technology took their chances and attempted to form an independent union. While this action was met by the harshest repression, it also led to extraordinary demonstrations of solidarity from small groups of radical students from all over the country, which in turn were immediately and severely suppressed. China’s year of the dog was also imbued with the spirit of another canine, Cerberus—the three-headed hound of Hades—with the ravenous advance of the surveillance state and the increasing securitisation of Chinese society, starting from the northwestern region of Xinjiang. This Yearbook traces these latest developments in Chinese society through a collection of 50 original essays on labour, civil society, and human rights in China and beyond, penned by leading scholars and practitioners from around the world.
Environmental pollution poses serious challenges for China, including to its economy as well as public health. The China Story Yearbook 2015: Pollution looks at how China’s Communist Party-state addresses these problems and how Chinese citizens have coped with and expressed their concerns about living with chronic, worsening pollution. This Yearbook also explores the broader ramifications of pollution in the People’s Republic for culture, society law and social activism, as well as the Internet, language, thought, and approaches to history. It looks at how it affects economic and political developments, urban change, and China’s regional and global posture. The Chinese Communist Party,...
This book is the first major study of the making of transnational food safety law in China. Francis Snyder shows how the 2008 melamine infant formula crisis led to China’s first food safety law and new food safety standards, substantial reforms in government policy and closer relations with international organisations. He also identifies current and future challenges and makes recommendations for dealing with them. Chinese food safety law today is influenced strongly by cross-border factors. While transnational regimes help to shape domestic decisions, many institutions deeply embedded in Chinese society have played key roles in this transformation. Francis Snyder emphasises that, in finding its own path toward ensuring food safety, China can both learn from and teach other countries. In May 2017 this title has been awarded a 'Gourmand World Cookbook Award' in Yantai, Shandong Province, China: 'Best in the World' in two categories: 'Best Wine Law Book' and 'Food Safety Institutions'.
Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.
A much-needed account of the hierarchy of justice that defines China’s unique political-legal culture. To many outsiders, China has an image as a realm of Oriental despotism where law is at best window dressing and at worst an instrument of coercion and tyranny. In this highly original contribution to the interdisciplinary field of law and humanities, Haiyan Lee contends that this image arises from a skewed understanding of China’s political-legal culture, particularly the failure to distinguish what she calls high justice and low justice. In the Chinese legal imagination, Lee shows, justice is a vertical concept, with low justice between individuals firmly subordinated to the high justice of the state. China’s political-legal culture is marked by a mistrust of law’s powers, and as a result, it privileges substantive over procedural justice. Calling on a wide array of narratives—stories of crime and punishment, subterfuge and exposé, guilt and redemption—A Certain Justice helps us recognize the fight for justice outside the familiar arenas of liberal democracy and the rule of law.
'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 Mühlhahn, Freie Universität 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 b...