By Margaret Y. K. Woo, Mary E. Gallagher
This quantity analyzes no matter if China's thirty years of felony reform have taken root in chinese language society by way of analyzing how usual electorate are utilizing the criminal approach in modern China. it's an interdisciplinary examine legislations in motion and at felony associations from the ground up, that's, starting with these on the flooring point which are utilizing and dealing within the felony method. It explores the emergent chinese language belief of justice - one who seeks to stability chinese language culture, socialist legacies, and the wishes of the worldwide industry. Given the political measurement of dispute answer in developing, settling, and altering social norms, this quantity contributes to a better knowing of political and social switch in China at the present time and of the method of felony reform mostly.
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Extra resources for Chinese Justice: Civil Dispute Resolution in Contemporary China
Like other authors in this volume, Liu concludes that the progression of advice given in these columns demonstrates the gap between readers’ expectations and lawyers’ interpretations of the law, often leaving the substantive problem unresolved. Introduction 15 The advice column was first dominated by questions dealing with criminal, family, and inheritance cases. In the 1980s, cases related to contract labor and administrative law emerged and became important categories, whereas the 1990s saw an increase in debt and loan and consumer rights cases (as well as cases on criminal procedure in 1994–98 related to the 1996 revision of the criminal procedure law).
Although it notes the importance of changing legal culture, the chapter also emphasizes the importance of changing structural and institutional incentives in the development of an independent judiciary. Chapter 3, meanwhile, returns to the theme of bureaucratic competition. Moving away from a focus on courts, Douglas Grob presents a study of the dynamics between China’s administrative institutions that preside at the “large city” (jiaoda de shi) level and above and China’s “legalized local states” below: the legal affairs offices at the county and city level.
Court responses can range from changing decisions to reopening decisions to compensating complainants. Some courts have even established “assistance funds” specifically for such purposes. Like Minzner, Liebman confirm that courts and judges are evaluated and rewarded based on their success in reducing the number of petitions, and they are punished for failing to do so. Certainly, the emphasis on addressing the petitioners’ complaints reflects the party-state emphasis on stability. And significantly, courts are concerned not only with collective grievances, but also with individual petitioners, and are swayed even when the chances of unrest are remote.