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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...
The Congressional-Executive Commission on China is tasked with monitoring China’s compliance with human rights, particularly those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights, as well as monitoring the development of the rule of law in China. As part of its mandate, the Commission issues an annual report every October, covering the preceding 12-month period and including recommendations for U.S. legislative or executive action. This volume contains the 2016 report.
This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.
How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.
A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.
In China the coexistence of arbitrary detention and a transition towards a rule of law is either seen as an oxymoron, or as an aberration. This book analyses under-researched institutions and practices in China’s criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order. Hidden behind the law, there lies sovereign power, a power premised on the choice to handle certain issues through procedures that derogate from rights. This theoretically sophisticated study overcomes the current impasses in analyses of China’s criminal justice. The result is an highly innovative reading of law and legality in the PRC, useful to scholars of...
This is the first study in English to analyze in detail the position of women in Thai politics. It subjects various dimensions of women and politics in Thailand to both theoretical and empirical scrutiny; in so doing, it draws together into one volume previously fragmented research in this field. Leading scholars in the field address the challenges, obstacles, and opportunities for increased women's political representation in Thailand. Will Thai politics be different with an increase in the number of women politicians? What are the possibilities for Thai women to take proactive initiatives that aim to transform Thai politics into being more gender aware and equal? In seeking to address these and related issues, the analysis brings together a complex interplay of factors, such as traditional Thai views of gender and politics; the national and local political context of the new Thai constitution of 1997; and recent experiences of selected women politicians in the legislative and executive branches of Thai government.