Criminal Justice in Post-Mao China: Analysis and DocumentsSUNY 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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... Criminal justice in post - Mao China . Bibliography : p . 306 Includes index . 1. Criminal justice , Administration of - China . 2. Criminal procedure - China . I. Chiu , Hungdah , 1936- . II . Title . LAW 345.51'05 ISBN 0-87395-950-7 ...
... Criminal justice in post - Mao China . Bibliography : p . 306 Includes index . 1. Criminal justice , Administration of - China . 2. Criminal procedure - China . I. Chiu , Hungdah , 1936- . II . Title . LAW 345.51'05 ISBN 0-87395-950-7 ...
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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 |
321 | |
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