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 : 39. 81 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.​

Human Rights And Good Governance

Author : Wei Zhang
ISBN : 9789004308770
Genre : Political Science
File Size : 71. 13 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.

China S Human Rights Lawyers

Author : Eva Pils
ISBN : 9781134450619
Genre : Law
File Size : 76. 29 MB
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This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

Human Rights

Author : P. Peter R. Baehr
ISBN : 9041102108
Genre : Political Science
File Size : 35. 19 MB
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Human Rights and Chinese Tradition, Xia Yong.

Conceptual Gaps In China Eu Relations

Author : Zhongqi Pan
ISBN : 9781137027443
Genre : Political Science
File Size : 38. 57 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.

China And International Human Rights

Author : Na Jiang
ISBN : 9783642449024
Genre : Law
File Size : 77. 20 MB
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This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.

China The United Nations And Human Rights

Author : Ann Kent
ISBN : 9780812200935
Genre : Law
File Size : 27. 57 MB
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Selected by Choice magazine as a Outstanding Academic Book for 2000 Nelson Mandela once said, "Human rights have become the focal point of international relations." This has certainly become true in American relations with the People's Republic of China. Ann Kent's book documents China's compliance with the norms and rules of international treaties, and serves as a case study of the effectiveness of the international human rights regime, that network of international consensual agreements concerning acceptable treatment of individuals at the hands of nation-states. Since the early 1980s, and particularly since 1989, by means of vigorous monitoring and the strict maintenance of standards, United Nations human rights organizations have encouraged China to move away from its insistence on the principle of noninterference, to take part in resolutions critical of human rights conditions in other nations, and to accept the applicability to itself of human rights norms and UN procedures. Even though China has continued to suppress political dissidents at home, and appears at times resolutely defiant of outside pressure to reform, Ann Kent argues that it has gradually begun to implement some international human rights standards.

Human Rights In China And Europe

Author : Ludwig Hetzel
ISBN : 9783640640089
Genre : Human rights
File Size : 70. 47 MB
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Master's Thesis from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1, Tsinghua University, language: English, abstract: This thesis compares the major human rights legislation in Europe, Austria, and China in general and focuses on human rights in civil law relationships and minority rights. The comparison will show that both, China and the western countries have a different approach to human rights, but also that western countries have to be patient and cannot expect China to change its legal system in a very short period of time and China is willing to make this changes. On the other hand it will be pointed out that China has to except cuts in its sovereignty in order to participate in international human rights protection institutions.

Judicial Protection Of Human Rights

Author : Mark Gibney
ISBN : 0275960110
Genre : Law
File Size : 47. 65 MB
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Can judges serve as protectors for human rights? Have courts merely abided egregious practices or perhaps even provided some form of legitimation, or have they attempted to intercede to stem governmental abuses? This book examines judicial systems and explores these questions.

Modern Chinese Legal Reform

Author : Xiaobing Li
ISBN : 9780813141213
Genre : History
File Size : 36. 99 MB
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China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.

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