human rights protection system in china

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Human Rights Protection System In China

Author : Pinghua Sun
ISBN : 9783642396632
Genre : Law
File Size : 85. 61 MB
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In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​

A Critique Of Human Rights Protection For Suspects In The Chinese Criminal Justice System

Author : Yanbin Lü
ISBN : OCLC:757108889
Genre : Criminal justice, Administration of
File Size : 33. 6 MB
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This paper presents a critical analysis of the current human rights protection for suspects in the criminal justice system of China, evaluating them from the view of international human rights law and practice, in particular, the International Covenant on Civil and Political Rights(ICCPR) and European Convention of Human Rights(ECHR). The theme that runs through the paper is whether the right to fair trial is practically and adequately available to the suspect in China according to the established international standards. The hypothesis is that by addressing the distance between the Chinese system and international standards on the issue of human rights protection for suspects in the pre-trail criminal procedure, and the causes for this distance, the direction of further reform for criminal justice system will become clearer and more practical. The ultimate purpose of this paper is to consider how to handle the relationship between crime control and human rights protection, when the crime rates in China have generally been rising along with the high-speed economic development in recent years. Before outlining the performance of China, this paper considers the current understanding and interpretation of the relevant standards in ICCPR and ECHR. Extensive consideration is then given to weigh criminal procedure law and its practice in China against those international standards in a new detailed part. Taking into account the highly influential effects of China?s traditional legal culture and special social situation, the paper is devoted to investigate four most pressing issues regarding the continuing Chinese criminal justice reform on the pre-trial procedure in different chapters: guiding ideologies and basic principles, the pre-trial compulsory measures system, prevention of the use of illegal evidence obtained through torture and the right to legal counsel before trial. This comprehensive examination shows the significant progress regarding fair trial rights for suspects China has made in meeting international standards set in ICCPR, in particular the Criminal Procedure Law of 1996. The barriers and challenges that impair the criminal procedural rights for suspects and impede the proper enforcement of the existing criminal justice system to come in line with international standards are also highlighted with possible suggestions of improvements. These problems root in current social, cultural and institutional conditions under which the criminal justice system operates, including difficulties in changing the traditional ideology, the deficiencies and failure with the law itself for certain issues, the incorrect and ineffective enforcement of the law, and a severe shortage of professionally qualified judges, prosecutors, police and lawyers. As a result, the practices in human rights violation against suspects that subsequent reforms have been trying to eradicate still remain in the Chinese criminal justice system. The thesis concludes with the allegation that the introduction of some key rights into Chinese criminal justice system to provide greater protection to its suspects for preventing possible stage power abuse is a step in the right direction, but further procedural safeguards are necessary to ensure an effective rebalance of China?s criminal justice system. Apart from improving its legal system to fully comply with international human rights standard, the reform must fit within the Chinese culture and way of life. Therefore, the government must consider further actions to address and develop the cultural and social conditions of the Chinese criminal justice system.

Human Rights And Good Governance

Author : Wei Zhang
ISBN : 9789004308770
Genre : Political Science
File Size : 44. 58 MB
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The first volume of Chinese Perspectives on Human Rights and Good Governance collects research articles regarding human rights, good governance, rule of law and Constitutionalism in China.

Conceptual Gaps In China Eu Relations

Author : Zhongqi Pan
ISBN : 9781137027443
Genre : Political Science
File Size : 85. 35 MB
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The contributors attempt to look into how China and Europe differently interpret political concepts such as: sovereignty, soft power, human rights, democracy, stability, strategic partnership, multilateralism/multipolarization, and global governance, to examine what implications of their conceptual gaps may have on China-EU relations.

The Stability Imperative

Author : Sarah Biddulph
ISBN : 9780774828833
Genre : Political Science
File Size : 27. 26 MB
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Growing inequality within Chinese society has led to public indignation, petitions to Party and state agencies, strikes, and large-scale protests. This book examines the intersection between the Chinese government’s preoccupation with the “protection of social stability” (weiwen), and its legal commitments to protect human rights. Drawing on case studies, Sarah Biddulph examines China’s response to labour unrest, medical disputes, and public anger over forced housing demolition. The result is a detailed analysis of the multiple and shifting ways stability imperatives impinge on the legal definition and implementation of human rights in China.

Human Rights

Author : P. Peter R. Baehr
ISBN : 9041102108
Genre : Political Science
File Size : 58. 74 MB
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Human Rights and Chinese Tradition, Xia Yong.

China And The International Human Rights System

Author : Sonya Sceats
ISBN : 1862032734
Genre : Human rights
File Size : 37. 8 MB
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