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E-raamat: Judicial System and Reform in Post-Mao China: Stumbling Towards Justice [Taylor & Francis e-raamat]

(Erasmus School of Law, Erasmus University Rotterdam)
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Judicial System and Reform in Post-Mao China: Stumbling Towards JusticeSuurem pilt
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Taylor & Francis e-raamatudRohkem infot Taylor & Francis e-raamatute kohta
Raamatu kodulehekülg: https://www.taylorfrancis.com/books/9781315556413
This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
List of Figures
vii
List of Tables
ix
List of Abbreviations
xi
Preface and Acknowledgements xiii
Introduction 1(6)
A Synopsis of the History of China's Judicial System
1(1)
The Structure of the Book
2(5)
1 Jurisdiction, Hierarchy and Actors
7(32)
Introduction
7(2)
Jurisdiction of the Courts
9(12)
The Relationship between Higher and Lower Courts
21(7)
People's Assessors
28(4)
Adjudication Committees
32(4)
Conclusion
36(3)
2 Courts' Relationships with Extra-Judicial Bodies
39(26)
Introduction
39(1)
Courts and the People's Congress
39(8)
Courts and the Communist Party
47(8)
Courts and Government Organisations
55(3)
Courts and Public Prosecution
58(5)
Conclusion
63(2)
3 The Professionalisation of the Judiciary
65(22)
Introduction
65(2)
The Judges Law and Practice
67(8)
Judicial Corruption
75(10)
Conclusion
85(2)
4 The Criminal Trial Process
87(46)
Introduction
87(2)
The Criminal Procedure Law and Practice
89(24)
Review of the Death Penalty
113(5)
Miscarriages of Justice: Case Studies
118(7)
Lessons Learned from the Injustice Cases
125(6)
Conclusion
131(2)
5 The Civil Trial Process
133(32)
Introduction
133(4)
The Civil Procedure Law and Practice
137(12)
Mediation: Its Rise, Fall and Revival
149(7)
The Enforcement of Civil Judgments
156(7)
Conclusion
163(2)
6 The Administrative Trial Process
165(34)
Introduction
165(3)
The Administrative Litigation Law and Practice
168(18)
Analysis of the Number of Cases and the Success Rate of Plaintiffs
186(10)
Conclusion
196(3)
7 The Role of the Legal Profession in the Judicial System
199(38)
Introduction
199(1)
The Traditional Disregard for Lawyers and Recent Developments
200(5)
The Lawyers Law and Legal Practice
205(17)
The Opportunities and Risks for Defence Lawyers
222(6)
Article 306 of the Criminal Law: A Trap for Defence Lawyers
228(4)
The Tensions between Lawyers and Law Enforcement Officers
232(2)
Conclusion
234(3)
8 Conclusions
237(16)
Progress and Limitations: A Judicial System with Chinese Characteristics
237(8)
Judicial Reform: An Unfolding Process of Modernisation rather than Westernisation
245(2)
Mapping the Path towards Further Judicial Reform
247(6)
Appendices 253(8)
Select Bibliography 261(20)
Index 281
Yuwen Li is a Professor of Chinese Law and the Director of the Erasmus China Law Centre at the Erasmus School of Law, Erasmus University Rotterdam in the Netherlands. She holds a BA in Chinese Law from Peking University, an MA in International Law and International Relations from the Institute of Social Studies, and a PhD in International Law from Utrecht University, the Netherlands. Since 2001, she has acted as co-director of a number of legal collaborative projects with numerous Chinese institutions, including the Institute of Law of the Chinese Academy of Social Sciences, the National Judges College, the Supreme Peoples Procuratorate and the Law School of Wuhan University. Currently, she is supervising a number of Chinese PhD candidates who are writing on various legal topics from comparative perspectives. She is also on the panel list of Arbitrators on the Shenzhen Court of International Arbitration in the PRC. She has published extensively on various topics of Chinese law.
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