Criminal Justice in the People's Republic of China: A Selective Annotated Bibliography of Western Language Commentaries

1980 ◽  
Vol 8 (3) ◽  
pp. 103-114
Author(s):  
Timothy Kearley
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Procedure ◽  
Annotated Bibliography ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Considerable Time ◽  
Republic Of China ◽  
People's Congress

On July 1, 1979, during the Second Session of the Fifth National People's Congress of the People's Republic of China (PRC), seven important laws were passed. Among these new laws were complete codes of criminal law and criminal procedure.The approval of these laws—particularly the codes of criminal law and procedure—is, to anyone with more than a casual interest in the PRC's legal system, an act of great significance. The Chinese themselves certainly view this event as being quite important and have devoted considerable time and effort to propagandizing its meaning for their society.

I. An Imperfect Improvement: The New Conflict of Laws Act of the People's Republic of China

2011 ◽  
Vol 60 (4) ◽  
pp. 1065-1093 ◽  
Author(s):  
Zhengxin Huo
Keyword(s):  
Legal System ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Standing Committee ◽  
Conflict Of Laws ◽  
Legislative History ◽  
Republic Of China ◽  
Chinese Characteristics ◽  
People's Congress ◽  
Conflict Of Law

On 28 October 2010, the Standing Committee of the Eleventh National People's Congress adopted China's first statute on the Conflict of Laws: the ‘Act on the Application of Laws over Foreign-related Civil Relationships’ (‘Conflicts Act’).1 The adoption was an historic event in Chinese legislative history, as it indicates China has modernised its conflict-of-law rules after many years of unremitting efforts made by legislators and scholars. More importantly, it means that ‘a socialist legal system with Chinese characteristics’ has been successfully established, and allows China to claim to have a systematic legal system.2

The Death Penalty in Post-Mao China

1990 ◽  
Vol 123 ◽  
pp. 503-520 ◽  
Author(s):  
Andrew Scobell
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Legal System ◽  
Capital Punishment ◽  
Justice System ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Wide Range

The People's Republic of China has come under strong international criticism recently over its use of the death penalty. Capital punishment had a long history in China as a permanent fixture of the criminal justice system well before the establishment of the People's Republic in 1949. Today the death penalty is an integral part of the legal system and is meted out for a wide range of offences.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

scholarly journals What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes

2019 ◽  
Vol 21 (3) ◽  
pp. 173-188
Author(s):  
Lloyd Andrew Brown
Keyword(s):  
Soil Pollution ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Usa ◽  
The Law ◽  
Lender Liability ◽  
Management Advice ◽  
And Control ◽  
People's Congress

On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.

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