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China's Pre-Trial Justice: Criminal Justice, Human Rights and Legal Reforms in Contemporary China

ISBN13: 9780854901036
Published: January 2012
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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This book examines the relationship between international human rights standards and local legal norms in the People’s Republic of China (PRC).

Focussing on the realm of criminal justice in post-Deng China, Criminal Procedure Law reforms and their impact on the PRC’s ratification of and future accession to the International Covenant of Civil and Political Rights, this book examines the limits to the protection of criminal suspects rights during pre-trial proceedings.

Notwithstanding the significance of pre-trial proceedings in the Chinese criminal justice system, to date no other publication in a Western language has systematically focussed on this important issue. This book thus fills a serious gap in the literature by offering a detailed discussion of this aspect of criminal justice and human rights in contemporary China.

The book is intended as a contribution to the study of Chinese law, human rights law and comparative criminal justice, and by considering developments in Chinese local legal culture, it also explores issues of broader interest to comparativists and legal sociologists.

Human Rights and Civil Liberties, Public International Law, Wildy, Simmonds and Hill, China

Chapter 1: Introduction: Localization of human rights in an activist state?;
1.1 Introduction;
1.2 The activist hierarchical state and possibilities for localization;
1.3 Criminal justice and individual rights in the contemporary PRC
1.4 Outline of the contents of the book

Chapter 2: Law and institutions of pre-trial justice in the PRC;
2.1 Introduction;
2.2 Pre-trial procedures
2.3 The right to a remedy and challenges to coercive measures
2.4 The regulatory framework of criminal detention centres
2.5 Pre-trial detention and law enforcement: the people’s police
2.6 Detention oversight
2.7 Conclusion

Chapter 3: The rights and living conditions of detainees within criminal detention centres
3.1 Introduction
3.2 The right of detainees to an adequate standard of living and healthcare
3.3 Making the best use of detention
3.4 The rights of detainees upon admission into detention centres and contact with the outside world
3.5 Conclusion;

Chapter 4: The right to legal advice and defence;
4.1 Introduction;
4.2 The right to legal advice and defence: international standards and the legislation in the PRC
4.3 The right to legal advice and defence: problematic issues;
4.4 Legal aid;
4.5 The “black lawyers”;
4.6 Conclusion;

Chapter 5: Freedom from torture and ill-treatment;
5.1 Introduction;
5.2 Torture and ill-treatment of criminal suspects and defendants;
5.3 The recurrence of torture in the PRC;
5.4 Debating torture in the PRC;
5.5 Conclusion;

Chapter 6: Conclusions;
6.1 Introduction;
6.2 Rights and duties, and the human rights paradox;
6.3 The power of the legislation;
6.4 Insiders and outsiders;

Appendix 1: Pre-trial detention proceedings in the PRC
Appendix 2: Pre-trial detention proceedings in the PRC
Appendix 3: National legislation and international standards on pre-trial detention
Table of abbreviations used in this study

Series: Law in East Asia

Mediation and ADR Confidentiality in Hong Kong ISBN 9780854902644
Published March 2019
Wildy, Simmonds and Hill Publishing
Transparency Challenges Facing China ISBN 9780854902606
Published January 2019
Wildy, Simmonds and Hill Publishing
Re-Ordering Hong Kong: Decolonisation and the Hong Kong Bill of Rights Ordinance ISBN 9780854902309
Published September 2017
Wildy, Simmonds and Hill Publishing
Mediation in Contemporary China: Continuity and Change ISBN 9780854902248
Published March 2017
Wildy, Simmonds and Hill Publishing
Manufactured Obscurity: The Postcolonial Erasure of Suzerainty and the Changing Legal Status of Tibet ISBN 9780854901692
Published September 2015
Wildy, Simmonds and Hill Publishing
The Evolution of the Land System in China: Politicized Law? ISBN 9780854901432
Published January 2015
Wildy, Simmonds and Hill Publishing
The Revival of Private Property and Its Limits in Post-Mao China ISBN 9780854901333
Published January 2014
Wildy, Simmonds and Hill Publishing
Traditional Chinese Penal Law ISBN 9780854900930
Published August 2013
Wildy, Simmonds and Hill Publishing
Corporate Governance and Legal Reform in China ISBN 9780854900367
Published March 2009
Wildy, Simmonds and Hill Publishing
British Rule in China: Law and Justice in Weihaiwei 1898-1930 ISBN 9780854900268
Published August 2008
Wildy, Simmonds and Hill Publishing
China's Psychiatric Inquisition: Dissent, Psychiatry and the Law in Post-1949 China ISBN 9781898029854
Published October 2006
Wildy, Simmonds and Hill Publishing
Implementation of the WTO Agreements in China ISBN 9781898029793
Published October 2005
Wildy, Simmonds and Hill Publishing