Criminal Justice in Post-Mao China: Analysis and Documents

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SUNY Press, 1985年1月1日 - 330 頁
The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the People's Republic of China. China's current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRC's first substantive and procedural criminal codes.

This is the first book-length study of the most important area of Chinese law--the development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice system--such as the court, the procuracy, lawyers, and criminal procedure--and the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with China's political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.

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內容

Introduction
3
Notes
5
Chinas Legal Experience Under Mao
7
Development Of The PRCs Legal System 19491976
10
Characteristics Of Peoples Justice
20
Notes
28
Law Reform Under the PostMao Leadership
35
The Evolving Constitutional Order
38
Political Offenses
145
Party Discipline And State Law Administrative And Criminal Sanctions
150
Notes
155
Conclusion
168
Notes
172
Act of the Peoples Republic of China for Punishment of Counterrevolutionaries 1951
177
Provisional Act on Guarding State Secrets 1951
182
Arrest and Detention Act of the Peoples Republic of China 1979
187

Legislative Activity
44
Legal Education And Research
47
Socialist Legality And The Four Basic Principles
51
Notes
55
Restructuring of the Judicial System
62
Procuracy
68
Ministry of Justice
72
Public Security Apparatus
76
Notes
79
Criminal Process
85
Pretrial Proceedings
87
Trial Proceedings
90
Appeal And Review
108
Preliminary Observations
111
Notes
113
Crime and Punishment
123
Crime Situation
131
Juvenile Delinquency
141
Criminal Law of the Peoples Republic of China 1979
192
Decision of the Standing Committee of the National Peoples Congress on Severely Punishing Criminals Who Gravely Endanger Public Security of th...
211
Criminal Procedure Law of the Peoples Republic of China 1979
214
Decision of the Standing Committee of the National Peoples Congress on the Procedure to try Swiftly Criminals Who Gravely Endanger Public Secur...
232
Decision of the Standing Committee of the National Peoples Congress on the Exercise by the State Security Organ Ministry of State Security of the F...
234
Act of the Peoples Republic of China for Security Administration Punishment 1957
235
Decision of the State Council Relating to Problems of Reeducation Through Labor 1957
249
Supplementary Regulations Issued by the State Council on Reeducation Through Labor 1979
251
Act of the Peoples Republic of China for Reform Through Labor 1954 Experts
253
Provisional Measures for Dealing with the Release of Reform Through Labor Criminals at the Expiration of Their Term of Imprisonment and for Pla...
268
Provisional Act on Lawyers of the Peoples Republic of China 1980
271
Decision of the Standing Committee of the National Peoples Congress on the Question of the Validity of the Laws and Decrees Enacted Since the Fou...
276
Constitution of the Peoples Republic of China 1982 Experts
277
Glossary
293
Tables
298
Bibliography
306
Index
321
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關於作者 (1985)

Shao-Chuan Leng is Doherty Professor of Government at the University of Virginia.

Hungdah Chiu is Professor of Law at the University of Maryland Law School. Both have published widely in the field of Chinese law and Leng made several research visits to China since 1979.

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