Justice In China Research Articles

Delinquency Control and Juvenile Justice in China

This paper provides an overview of the recent developments in juvenile justice in China. With the improvement in the overall economy, there has been a genuine rise in delinquency. This paper describes the trend of youth crimes, and how informal grassroots networks and formal correctional institutions play their roles in delinquency control. The author argues that the inseparable relationship between the Communist Party and control systems, the frequent turnover of volunteers, and insufficient professional manpower hinder the development of a fair and independent juvenile justice system. Finally, the paper highlights what should be preliminary direction for the further development of the systems of delinquency control and juvenile justice.

Civil Justice in China: Representation and Practice in the Qing

1. Introduction 2. Defining categories: disputes and lawsuits in North China villages before the communist revolution 3. Informal justice: mediation in North China villages before the communist revolution 4. Formal justice: codified law and magisterial adjudication in the Qing 5. Between informal mediation and formal adjudication: the third realm of Qing justice 6. Two patterns in the Qing civil justice system 7. Extent, cost and strategies of litigation 8. From the perspective of magistrate handbooks 9. Max Weber and the Qing legal and political system Appendixes References Index.

Civil Justice in China: Representation and Practice in the Qing

Civil Justice in China: Representation and Practice in the Qing

Civil Justice in China: Representation and Practice in the Qing, by Philip C.C. Huang

<i>Civil Justice in China: Representation and Practice in the Qing,</i> by Philip C.C. Huang

Policing, Punishment, and the Individual: Criminal Justice in China

Why has China developed a system of social control which is widely regarded as a tool of police-state oppression and a source of human rights abuses?1 How can this problem-which Michael Dutton refers to as question (at 15)-be rectified? What would an improved Chinese social control system look like? Chinese legal historians and scholars have been openly concerned with these questions since the beginning of the reform era in 1979. In Policing and Punishment in China, Dutton enters the Chinese debate, trying to identify the roots of the Gulag question through an extensive survey of the historical precedents and contemporary theory and practice of two institutions of social control: household registration and prisons. He does so by way of an exploration of the relationship between old and new techniques of social control which is inspired by, but questions, Foucault's work on

Policing, Punishment, and the Individual: Criminal Justice in China

Policing, Punishment, and the Individual: Criminal Justice in China

Justice on the road to change in the people's republic of China

Dengist reform programs, including mandated changes in the operation of Chinese industrial enterprises, depart radially from previous Maoist practices and ideologies. With these changes, issues of distributive justice have become extremely salient in China. We explore shifting norms regarding distributive justice in China, with a focus on the conceptions of, and implications for, practicing managers. After first reviewing the pertinent literature, we present some original data gathered from Chinese managers in 1986 and in 1989, comparing them to data gathered from managers in the United States.

Crime, Juvenile Delinquency and Deterrence Policy in China

Previous articleNext article No AccessCrime, Juvenile Delinquency and Deterrence Policy in ChinaBorge BakkenBorge Bakken Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Volume 30Jul., 1993 Article DOIhttps://doi.org/10.2307/2949991 Views: 50Total views on this site Citations: 35Citations are reported from Crossref Journal History This article was published in The Australian Journal of Chinese Affairs (1979-1995), which is continued by The China Journal (1995-present). Copyright Australian Journal of Chinese AffairsPDF download Crossref reports the following articles citing this article:John Braithwaite Macrocriminology and Freedom, (Feb 2022).https://doi.org/10.22459/MF.2021Kailing Xie The Right Time for Childbirth: The Naturalisation of Motherhood Within Marriage, (Apr 2021): 111–156.https://doi.org/10.1007/978-981-16-1139-1_4Mengliang Dai The 1983 Strike-Hard Campaign in China: a Moral Panic?, The British Journal of Criminology 60, no.55 (Mar 2020): 1220–1241.https://doi.org/10.1093/bjc/azaa016Enshen Li, Mingyue Su From Punishment to Control: Assessing Juvenile Diversion in China, Law & Social Inquiry 45, no.22 (Feb 2020): 372–397.https://doi.org/10.1017/lsi.2019.70Peng Wang Politics of Crime Control: How Campaign-Style Law Enforcement Sustains Authoritarian Rule in China, The British Journal of Criminology 16 (Oct 2019).https://doi.org/10.1093/bjc/azz065Youchun Zhang, Heather Worth, Jing Jun, Karen McMillan, Su Chunyan, Fu Xiaoxing, Yuping Zhang, Zhao Rui, Angela Kelly-Hanku, Cui Jia ‘I loved him all my life’: love, duty and homosexuality in post-liberation China, Culture, Health & Sexuality 21, no.55 (Oct 2018): 591–604.https://doi.org/10.1080/13691058.2018.1501514Spencer D. Li, Tzu-Hsuan Liu Problem-Solving Courts in China: Background, Development, and Current Status, Victims & Offenders 14, no.33 (Apr 2019): 360–374.https://doi.org/10.1080/15564886.2019.1595246Heather Worth, Jing Jun, Karen McMillan, Su Chunyan, Fu Xiaoxing, Zhang Yuping, Rui Zhao, Angela Kelly-Hanku, Cui Jia, Zhang Youchun ‘There was no mercy at all’: Hooliganism, homosexuality and the opening-up of China, International Sociology 34, no.11 (Dec 2018): 38–57.https://doi.org/10.1177/0268580918812265Suzanne E. Scoggins Policing Modern China, China Law and Society Review 3, no.22 (Oct 2018): 79–117.https://doi.org/10.1163/25427466-00302001Liqun Cao, Bill Hebenton China and “La questione criminale” (“the criminal question”): Revolutionary and reformist periods, International Journal of Law, Crime and Justice 52 (Mar 2018): 98–105.https://doi.org/10.1016/j.ijlcj.2017.10.002Hong Lu, Shunfeng Song Rural Worker Migration and City Transient Crime, (Jan 2018): 372–388.https://doi.org/10.4324/9781351143523-18Ruohui Zhao, Liqun Cao China, (Dec 2016): 155–172.https://doi.org/10.1007/978-3-319-45090-2_8Haiyan Xiong Introduction, (Sep 2015): 1–38.https://doi.org/10.1007/978-981-287-859-5_1Anqi Shen, Steve Hall The same the whole world over? A review essay on youth offending from the 1980s and youth justice in contemporary China, International Journal of Law, Crime and Justice 43, no.22 (Jun 2015): 273–291.https://doi.org/10.1016/j.ijlcj.2014.09.004Beidi Dong Juvenile Delinquency and Juvenile Justice in China, (May 2015): 76–84.https://doi.org/10.1002/9781118513217.ch7Tsun Se Cheong, Yanrui Wu Crime rates and inequality: a study of crime in contemporary China, Journal of the Asia Pacific Economy 20, no.22 (Oct 2014): 202–223.https://doi.org/10.1080/13547860.2014.964961Ruohui Zhao, Hongwei Zhang, Jianhong Liu China’s Juvenile Justice: A System in Transition, (Oct 2014): 137–162.https://doi.org/10.1201/b17528-7Michelle Miao Capital punishment in China: A populist instrument of social governance, Theoretical Criminology 17, no.22 (May 2013): 233–250.https://doi.org/10.1177/1362480613476788 Introduction, (Jan 2012): 1–49.https://doi.org/10.1201/b11378-2Frank Y. Wong, N. He, Z. J. Huang, D. Young, C. O'Conor, Y. Y. Ding, C. Fu, S. Arayasirikul Migration and Illicit Drug Use Among Two Types of Male Migrants in Shanghai, China, Journal of Psychoactive Drugs 42, no.11 (Mar 2010): 1–9.https://doi.org/10.1080/02791072.2010.10399780Wan-Ning Bao, Ain Haas Social Change, Life Strain, and Delinquency among Chinese Urban Adolescents, Sociological Focus 42, no.33 (Aug 2009): 285–305.https://doi.org/10.1080/00380237.2009.10571358Lening Zhang Juvenile delinquency and justice in contemporary China: a critical review of the literature over 15 years, Crime, Law and Social Change 50, no.33 (Jul 2008): 149–160.https://doi.org/10.1007/s10611-008-9137-1Kam C. Wong The Study of Criminology in China, Part II, China Report 44, no.44 (Nov 2009): 323–346.https://doi.org/10.1177/000944550804400401Maggy Lee Policing Chinese Migrant Sex Workers in Hong Kong, International Migration 46, no.33 (Aug 2008): 95–121.https://doi.org/10.1111/j.1468-2435.2008.00463.x Lening Zhang, Jianhong Liu China's Juvenile Delinquency Prevention Law, International Journal of Offender Therapy and Comparative Criminology 51, no.55 (Jun 2007): 541–554.https://doi.org/10.1177/0306624X06292675Hong Lu, Jianhong Liu, Alicia Crowther Female Criminal Victimization and Criminal Justice Response in China, The British Journal of Criminology 46, no.55 (Mar 2006): 859–874.https://doi.org/10.1093/bjc/azl008Hong Lu, Shunfeng Song Rural Migrants' Perceptions of Public Safety Protections in Urban China: The Case of Tianjin, The Chinese Economy 39, no.33 (Dec 2014): 26–41.https://doi.org/10.2753/CES1097-1475390303Roger Bowles, Joseph Akpokodje, Emmanuel Tigere Evidence-Based Approaches to Crime Prevention in Developing Countries, European Journal on Criminal Policy and Research 11, no.3-43-4 (Jan 2006): 347–377.https://doi.org/10.1007/s10610-005-9001-0Bin Liang Severe strike campaign in transitional China, Journal of Criminal Justice 33, no.44 (Jul 2005): 387–399.https://doi.org/10.1016/j.jcrimjus.2005.04.008Børge Bakken Moral Panics, Crime Rates and Harsh Punishment in China, Australian & New Zealand Journal of Criminology 37, no.1_suppl1_suppl (Dec 2004): 67–89.https://doi.org/10.1177/00048658040370S105Hong Lu, Kriss A. Drass Transience and the disposition of theft cases in China, Justice Quarterly 19, no.11 (Aug 2006): 69–96.https://doi.org/10.1080/07418820200095171DENNIS S. W. WONG Changes in Juvenile Justice in China, Youth & Society 32, no.44 (Aug 2016): 492–509.https://doi.org/10.1177/0044118X01032004005SARAH BIDDULPH, SANDY COOK Kidnapping and Selling Women and Children, Violence Against Women 5, no.1212 (Dec 1999): 1437–1468.https://doi.org/10.1177/10778019922183462Dennis S.W. Wong Delinquency Control and Juvenile Justice in China, Australian & New Zealand Journal of Criminology 32, no.11 (Jul 2016): 27–41.https://doi.org/10.1177/000486589903200104 Harold Tanner Chinese Rape Law in Comparative Perspective, The Australian Journal of Chinese Affairs 31 (Oct 2015): 1–23.https://doi.org/10.2307/2949898

Growing Fears, Rising Crime: Juveniles and China's Justice System

While the officially reported incidence of juvenile offenses in the People's Republic of China is significantly lower than that in much of the remainder of the world community, youthful offenders account for about 75% of all criminal cases. This article provides some preliminary insights into juvenile justice in China based on the data available. The study examines survey data from the Chinese Ministry of Public Security and establishes that juveniles in China have a greater fear of crime than their elders and are less willing to cooperate with and less trusting of the justice system. Next, the analysis examines statistical data, both national and provincial, and establishes that youthful offenders account for a disproportionate amount of total crime committed. The work briefly examines crime causation theories forwarded by Chinese scholars and concludes by focusing on gongdu (work-study) schools, examining their philosophy, structure, and their apparent success in reforming juvenile offenders.

The Party and the Courts: 1949–1959

It is a commonplace that the writing of foreign observers often reveals as much about the assumptions of their own society as it does about those of the society they observe. Certainly, five centuries of Western commentary on the administration of justice in China support this proposition.