Overview

This book is about the Chinese Criminal Justice System, which includes courts, criminal law, criminal procedures, and various other actors as well as the relationship between them. The criminal justice system in China is marred with irregularities and discrimination. Despite broadcasting legal reforms in its criminal justice delivery system in the last 10-15 years, legal institutions and actors in China remain bound by the party-state. China remains a repressive regime that has punished a large number of human rights defenders and criminal lawyers. In China, whenever there is a conflict between politics and law, politics prevails. This has been evident in several cases in the past two decades. This systematic limitation poses a serious challenge to building an independent judiciary, especially in high-profile cases when the court faces tremendous pressure from different government branches, the victim's family, and the public in general. Chinese society places strong emphasis on personal relationships; therefore, corruption is a common concern in many criminal trials. In order to bring reforms in the criminal justice system in line with international standards, China faces many challenges. Most of the laws relating to criminal justice have been revised in the recent past. This book contains a copy of the following laws of the People's Republic of China: The Criminal Law, 2020; The Criminal Procedure Law, 2018; The Procurators Law, 2019; The Lawyers Law, 2017; The Judges Law, 2019, and The Law on Administrative Penalty, 2021. Everyone concerned with the international criminal legal system, not just academics and lawyers, should read this book.

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9788119438297

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Dr U C Jha, a former Wing Commander, is an independent researcher in international humanitarian law, military law and human rights law. Some of his recent publications include, Chinese Military Legal System: An Analysis; Nuclear Weapons: Untangling the Societal Enigma; Modern Non-Lethal Weapons; Protection of Prisoners of War; Biological Weapons: The Evolution of Military law in India; Ethics in the Indian Military; Killer Robots: Lethal Autonomous Weapon Systems: Legal, Ethical and Moral Challenges; Human Rights in the Indian Armed Forces: An Analysis of Article 33 of the Constitution; The Law of Armed Conflict; and Child Soldiers: Practice, Law and Remedies.

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