Abstract

This book considers the effectiveness of the legal reforms undertaken in China in 1996 and 1997, suggesting that the reforms are struggling to keep pace with rapid social, technological, and economic change and emerging criminal enterprises. The 1996 Criminal Procedural Law (CPL96) and 1997 Criminal Law were intended to broker a working synthesis between international norms on human rights and the need to accommodate customary practices, in the context of political rejection of ‘Westernisation’ and anxiety over the impact of globalisation: ‘There was an expectation that the CPL96 would facilitate a sea change in the application and implementation of new concepts of law’ (p. 2). The long-held regard for ‘flexibility’ (luohuoxing) was challenged in favour of comprehensive and specific stipulation to provide more effective legal protection for citizens' personal freedom, rights, and interests. The book considers how well this approach has stood up to the extraordinary demands of...

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