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Legal reform and administrative detention powers in China 1st Edition by Sarah Biddulph ISBN 0511378890 9780521869409

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Legal reform and administrative detention powers in China 1st Edition Sarah Biddulph Digital Instant Download

Author(s): Sarah Biddulph
ISBN(s): 9780521869409, 0511378890
Edition: 1
File Details: PDF, 3.06 MB
Year: 2007
Language: english
SKU: EB-1295514 Category: Tag:

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ISBN 10: 0511378890 
ISBN 13: 9780521869409
Author: Sarah Biddulph

Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu’s concept of the ‘field’, the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China’s post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

Legal reform and administrative detention powers in China 1st Table of contents:

Chapter 1: Introduction to Legal Reform in China

  • Overview of China’s Legal System

  • Historical Context of Legal Reforms

  • The Role of Administrative Detention

Chapter 2: The Concept and Scope of Administrative Detention

  • Definition and Types of Administrative Detention

  • Legal Basis and Authority

  • Comparison with Criminal Detention

Chapter 3: Historical Development of Administrative Detention Powers

  • Administrative Detention in Imperial and Republican China

  • Evolution During the People’s Republic of China

  • Recent Legal Reforms and Policy Changes

Chapter 4: Key Legal Instruments Governing Administrative Detention

  • Administrative Punishment Law

  • Public Security Administration Punishments

  • Other Relevant Laws and Regulations

Chapter 5: Implementation and Practice of Administrative Detention

  • Procedures and Safeguards

  • Role of Public Security Bureaus

  • Case Studies and Examples

Chapter 6: Human Rights Implications and Criticisms

  • Domestic and International Perspectives

  • Issues of Due Process and Fair Trial

  • Impact on Vulnerable Groups

Chapter 7: Reform Efforts and Challenges

  • Recent Legislative Changes

  • Judicial Oversight and Accountability

  • Political and Social Constraints

Chapter 8: Comparative Perspectives

  • Administrative Detention in Other Legal Systems

  • Lessons and Implications for China

Chapter 9: Future Directions in Legal Reform

  • Proposals for Enhancing Legal Protections

  • Balancing Security and Rights

  • Outlook for Administrative Detention Powers

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Tags: Sarah Biddulph, Legal reform, powers