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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Legal Reform and Administrative Detention Powers in China

ISBN13: 9781107405943
Published: July 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2007)
Price: £39.99

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Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour.

The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

Other Jurisdictions , China
Part I. Introduction and Conceptual Framework:
1. The problems of legal reform of police administrative detention powers
2. The legal field and the process of legal reform since 1978

Part II. Social Order and Administrative Detention
3. Historical antecedents: the 1950s and administrative detention
4. Social order, the 'hard strike' and administrative detention powers
5. Revival of administrative detention in the reform era: prostitutes and drug addicts
6. Re-education through labour

Part III. Legal Reform and its Impact on Administrative Detention:
7. Building a legal environment for police detention
8. Supervision of police conduct: legalisation and contest
9. Legal reform catches up with administrative detention

Part IV. Analysis and Conclusion:
10. The field of law, the force of law and the powers that be.