Fundamental Tenets of Contemporary Chinese Civil Justice: Substantive Justice, Material Truth and the Chinese Judicial Mindset

2017 ◽  
pp. 56-112
Keyword(s):  
Civil Justice ◽  
Substantive Justice ◽  
Contemporary Chinese

Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice

2017 ◽  
Vol 2 (1-2) ◽  
pp. 1-92
Author(s):  
Elisa Nesossi ◽  
Susan Trevaskes
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Fair Trial ◽  
Republic Of China ◽  
Political Events ◽  
Legal Structures ◽  
Time Part ◽  
Substantive Justice ◽  
Contemporary Chinese

AbstractThis 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: the presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process.Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politicolegal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politicolegal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.

scholarly journals Sen, justice and the private realm of dispute resolution

2017 ◽  
Vol 14 (3) ◽  
pp. 353-373
Author(s):  
Debbie De Girolamo
Keyword(s):  
Dispute Resolution ◽  
Mediation Process ◽  
Civil Justice ◽  
Resolution Process ◽  
Private Realm ◽  
Dispute Resolution Process ◽  
Popular Justice ◽  
Substantive Justice ◽  
Ethnographic Data

AbstractThe attainment of justice through a private dispute-resolution process, such as the mediation process, is an elusive objective. With the prominent place mediation has been given in civil justice, debates about the ability of mediation to deliver substantive justice are relevant, particularly when proponents of the process argue that mediation offers some form of justice to its participants, while critics argue that it provides no justice. This paper explores the issue of justice in the private dispute-resolution process of mediation and its ability to deliver a substantive form of justice (rather than procedural or popular justice, which is often seen as the type of justice, if any, that is provided by mediation). It does so through an analysis of ethnographic data of the mediation process using Amartya Sen's justice framework set out inThe Idea of Justice.

On Sinofuturism

Screen Bodies ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 46-62
Author(s):  
Yunying Huang
Keyword(s):  
Artificial Intelligence ◽  
Pop Culture ◽  
Chinese People ◽  
Modern Chinese ◽  
The Future ◽  
Dominant Design ◽  
Urban Rural ◽  
Cultural Expressions ◽  
Contemporary Chinese

Dominant design narratives about “the future” contain many contemporary manifestations of “orientalism” and Anti-Chineseness. In US discourse, Chinese people are often characterized as a single communist mass and the primary market for which this future is designed. By investigating the construction of modern Chinese pop culture in Chinese internet and artificial intelligence, and discussing different cultural expressions across urban, rural, and queer Chinese settings, I challenge external Eurocentric and orientalist perceptions of techno-culture in China, positing instead a view of Sinofuturism centered within contemporary Chinese contexts.

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