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The making of Chinese criminal law : the preventive shift in the context of the Eighth Amendment /

ISBN/ISSN:
9780367674670 价格: CNY1041.98
ISBN/ISSN:
036767467X
语种:
eng
科图分类法:
D914
著者:
Ji, Ying,
题名:
The making of Chinese criminal law [the preventive shift in the context of the Eighth Amendment ]
出版发行:
Abingdon, Oxon ; : Routledge, Taylor & Francis Group, , 2021.
载体形态:
168 p. : ill. ; 24 cm.
内容提要:
"By examining the reasons behind preventive criminalization of the Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people's freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally-known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon's theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts, and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP's leadership. The process of criminal law making has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics, and others. The process enhances the CCP's legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public"--
主题词:
Criminal justice, Administration of China.
主题词:
Criminal law China.
主题词:
Criminal procedure China.
主题词:
Legislation China.
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020|  |▼a036767467X▼qhardcover
020|  |▼z9781003131441▼qelectronic book
020|  |▼z9781000351224▼qelectronic publication
020|  |▼z9781000351149▼qelectronic book
040|  |▼aDLC▼cDLC▼dOCLCO▼dOCLCF▼dUKMG-
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041|0 |▼aeng
042|  |▼apcc
043|  |▼aa-cc---
050|00|▼aKNQ3800▼b.J59 2021
082|00|▼a345.51▼223
090|  |▼aD914▼b230090
100|1 |▼aJi, Ying,▼eauthor.
245|14|▼aThe making of Chinese crimin-
   |  |al law :▼bthe preventive shift-
   |  | in the context of the Eighth -
   |  |Amendment /▼cYing Ji.
260|  |▼aAbingdon, Oxon ;▼aNew York, -
   |  |NY :▼bRoutledge, Taylor & Fran-
   |  |cis Group,▼c2021.
300|  |▼a168 p. :▼bill. ;▼c24 cm.
490|1 |▼aThe rule of law in China and-
   |  | comparative perspectives
504|  |▼aIncludes bibliographical ref-
   |  |erences and index.
505|0 |▼aReforms in Chinese criminal -
   |  |law and their implications -- -
   |  |The history of lawmaking and t-
   |  |he multiple streams approach --
   |  |- Problem stream for Chinese c-
   |  |riminal law making -- Policy s-
   |  |tream for Chinese criminal law-
   |  | making -- Political stream fo-
   |  |r Chinese criminal law making -
   |  |: role of the CCP and the bure-
   |  |aucracy -- The role of the sta-
   |  |te in the criminal justice sys-
   |  |tem : through a comparative pe-
   |  |rspective -- Policy window of -
   |  |the Chinese criminal law makin-
   |  |g and conclusion.
520|  |▼a"By examining the reasons be-
   |  |hind preventive criminalizatio-
   |  |n of the Chinese criminal law,-
   |  | this book argues that the shi-
   |  |ft of criminal law generates p-
   |  |opular expectations of legisla-
   |  |tive participation, and meets -
   |  |punitive demands of the public-
   |  |, but the expansion of crimina-
   |  |l law lacks effective constrai-
   |  |nts, which will keep restricti-
   |  |ng people\'s freedom in the fut-
   |  |ure. The book is inspired by t-
   |  |he eighth amendment of Chinese-
   |  | criminal law in 2011, which a-
   |  |mended several penalties relat-
   |  |ed to road, drug and environme-
   |  |ntal safety. It is on the eigh-
   |  |th amendment that subsequent a-
   |  |mendments have been based. The-
   |  | amendment stemmed from a seri-
   |  |es of nationally-known inciden-
   |  |ts that triggered widespread p-
   |  |ublic dissatisfaction with the-
   |  | Chinese criminal justice syst-
   |  |em. Based on John Kingdon\'s th-
   |  |eory of the multiple streams, -
   |  |the book explains the origins -
   |  |of the legislative process and-
   |  | its outcomes by examining the-
   |  | role of public opinion, polic-
   |  |y experts, and political actor-
   |  |s in the making of Chinese cri-
   |  |minal law. It argues that in a-
   |  |uthoritarian China, the promin-
   |  |ence of risk control through c-
   |  |riminal justice methods is a s-
   |  |tate response to uncertainties-
   |  | generated through reforms und-
   |  |er the CCP\'s leadership. The p-
   |  |rocess of criminal law making -
   |  |has become more responsive and-
   |  | inclusive than ever before, e-
   |  |ven though it remains a consul-
   |  |tation with the elites within -
   |  |the framework set by the Chine-
   |  |se Communist Party (CCP), incl-
   |  |uding representatives of the L-
   |  |ianghui, government ministries-
   |  |, academics, and others. The p-
   |  |rocess enhances the CCP\'s legi-
   |  |timacy by not only generating -
   |  |popular expectations of legisl-
   |  |ative participation, but also -
   |  |by meeting the punitive demand-
   |  |s of the public"--▼cProvided b-
   |  |y publisher.
650| 0|▼aCriminal justice, Administra-
   |  |tion of▼zChina.
650| 0|▼aCriminal law▼zChina.
650| 0|▼aCriminal procedure▼zChina.
650| 0|▼aLegislation▼zChina.
830| 0|▼aRule of law in China and com-
   |  |parative perspectives.