Criminal reconciliation in contemporary China : an empirical and analytical enquiry / Jue Jiang, visiting scholar (honorary), Centre for Rights and Justice, The Chinese University of Hong Kong.
2016
KNQ4672 .J53 2016 (Map It)
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Details
Author
Title
Criminal reconciliation in contemporary China : an empirical and analytical enquiry / Jue Jiang, visiting scholar (honorary), Centre for Rights and Justice, The Chinese University of Hong Kong.
Published
Cheltenham, UK ; Northampton, MA, USA : Edward Elgar Publishing, [2016]
Copyright
©2016
Call Number
KNQ4672 .J53 2016
Former Call Number
Ch.P 872 J56 2016
ISBN
1785363107 (cased)
9781785363108 (cased)
9781785363115 (eBook)
9781785363108 (cased)
9781785363115 (eBook)
Description
x, 292 pages ; 24 cm
System Control No.
(OCoLC)940521711
Summary
"In China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this... book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system."-- Back cover.
Note
Based on the author's Ph.D. dissertation--Faculty of Law, Chinese University of Hong Kong, 2012.
Bibliography, etc. Note
Includes bibliographical references (pages 251-276) and index.
Available in Other Form
Online version: Jiang, Jue. Criminal reconciliation in contemporary China. Northampton, MA : Edward Elgar Pub., ©2016 9781785363115 (OCoLC)961211943
Record Appears in
Table of Contents
Preface
vii
Acknowledgements
ix
1.
criminal reconciliation (xingshihejie) system in China: background, pilot projects and debates
1
1.1.
Legal reforms in China: from building the rule of law system to establishing a harmonious society
5
1.2.
mediation systems: from the Mao era to criminal reconciliation today
19
1.3.
implementation and development of criminal reconciliation in China
24
1.4.
scholarly debates surrounding criminal reconciliation programmes
41
2.
Comparative Look at Criminal Reconciliation: A Transplant of Restorative Justice?
57
2.1.
Sketch of Restorative Justice
60
2.2.
Differences between criminal reconciliation and restorative justice
65
2.3.
Restorative justice in practice: a glimpse from the author's observations in Brisbane, Australia
69
2.4.
Summary
74
3.
Criminal reconciliation in practice: evidence from official case files
75
3.1.
motivation for the empirical study
75
3.2.
overview of criminal reconciliation practices in the three fieldwork locations
80
3.3.
analysis of the practice of criminal reconciliation relying on the evidence from official case files
106
4.
process of criminal reconciliation programmes: evidence from interviews
114
4.1.
initiation stage
115
4.2.
criminal reconciliation meeting
128
4.3.
Factors affecting official decisions in criminal reconciliation processes
139
4.4.
Insights into follow-up programmes
146
4.5.
Summary
151
5.
participants of criminal reconciliation programmes: evidence from interviews
153
5.1.
Official involvement in criminal reconciliation programmes
154
5.2.
parties participating in criminal reconciliation programmes
172
5.3.
lawyers as actors (participants) in criminal reconciliation cases
188
5.4.
role of other participants in criminal reconciliation programmes
193
5.5.
Summary
196
6.
Understanding wider problems with the Chinese criminal justice system through the lens of criminal reconciliation
199
6.1.
Contradictory rules and `hidden rules' (qian guize)
200
6.2.
Criminal justice through `correction' (jiaozheng) and `thought reform' (sixiang gaizao)
219
6.3.
State's failure to enforce victims' claims to compensation through civil litigation
238
7.
Conclusion
243
Appendix
248
Bibliography
251
Index
277