Criminal Procedure in China: Evolution and Hybrid Nature

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Yin Bo
Keyword(s):  
Institutional Reform ◽  
Criminal Procedure ◽  
Hybrid Nature

China’s criminal procedure is undergoing an era of profound institutional reform. Ongoing experiments occurs frequently, just like an important laboratory for justice reform. The evolution of criminal procedure will be examined from 1979 to 2012 by means of referring to the code. It is clear that China’s criminal procedure demonstrates a hybrid nature by referring to the main weberian model-divides in the field of comparative criminal procedure.

Liability for Wrongful Deprivation of Liberty: Malice and Police Privilege

2020 ◽  
Vol 24 (2) ◽  
pp. 175-201
Author(s):  
Elspeth Reid
Keyword(s):  
Police Officers ◽  
Criminal Procedure

Infringement of liberty has long been regarded as a delict which requires to be compensated, but public officers may in some circumstances be protected against liability where freedom has been “lawfully abridged” in conformity with the rules of criminal procedure. However, the boundaries of this form of privilege have not always been delineated with clarity. This article will argue that they remain unclear following the Outer House decision in Whitehouse v Gormley. In particular it questions the basis for requiring the pursuer to prove malice where a claim is made against police officers for unlawful detention or arrest.

Banking reform in China: International standards and Chinese specifics

2008 ◽  
Vol 58 (4) ◽  
pp. 403-426
Author(s):  
Z. Kudrna
Keyword(s):  
Best Practices ◽  
Development Policy ◽  
Institutional Reform ◽  
International Standards ◽  
State Control ◽  
Banking Reform ◽  
Reform Strategy ◽  
Regulatory Frameworks ◽  
Bank Governance ◽  
Credit Boom

This paper reviews the progress of banking reforms in China. Since 2002, the reform strategy has relied on publicly-financed bailouts, implementation of international best practices in bank governance and regulation, and listing of major banks in Hong Kong. The three largest banks have been stabilised, but we find little reason to expect this to be sustainable. Prudential indicators are comparable to international averages, but this is an outcome of bailouts and ongoing credit boom. Reforms of bank governance and regulatory frameworks that would alter banker’s incentives are implemented in a selective manner; principles that concentrate key powers in the centre are implemented vigorously, whereas those that require independent boards and regulators are ignored. Selectiveness of institutional reform means that the largest banks remain under state control and can be used as means of development policy for the better or the worse.

Institutional Reform for Investment and Growth in South Eastern Europe

10.1596/26037 ◽  
2003 ◽  
Author(s):  
Harry Broadman ◽  
Jim Anderson ◽  
Stijn Claessens ◽  
Randi Ryterman ◽  
Stefka Slavova ◽  
...  
Keyword(s):  
Eastern Europe ◽  
Institutional Reform ◽  
South Eastern ◽  
South Eastern Europe

Legal Mechanism of Using Agent/s Undercover in Crime Detection of Organized Crime Group

2020 ◽  
Vol 26 (2) ◽  
pp. 141-144
Author(s):  
Atanas Brandev
Keyword(s):  
Organized Crime ◽  
Criminal Procedure ◽  
Clear Distinction ◽  
Joint Training ◽  
Crime Detection ◽  
Organized Crime Groups ◽  
Legal Mechanism ◽  
Laws And Regulations

AbstractUsed by undercover agents in detecting and documenting crimes committed by the so-called. ‘Organized crime groups’ is a relatively poorly used but extremely effective method. The latter is a combination of criminal procedure and special laws and regulations. The full use of undercover agents requires further enhancement of the legal safeguards for the protection of the employees in question, as well as a clear distinction between acts performed by the employees in question, whether or not in connection with their undercover activities, with or without the implementation of different composition of crime. Attention should be paid to the mechanisms for the selection and joint training of the latter, including through the exchange of experience of EU partner services.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

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