Heaven Has EyesPub Date : 2020-08-20DOI: 10.1093/oso/9780190060046.001.0001
Xiaoqun Xu
{"title":"Heaven Has Eyes","authors":"Xiaoqun Xu","doi":"10.1093/oso/9780190060046.001.0001","DOIUrl":"https://doi.org/10.1093/oso/9780190060046.001.0001","url":null,"abstract":"The conclusion points out the multidimensional interactions of many factors in the functions of Chinese law and justice in the past and present and delineates four overlapping historical contexts for an understanding of such functions. These are the indigenous traditions in the long history of China; Western influences from the nineteenth century and especially on the transformations in the twentieth century; interactions between lawmakers and state agents, and between state actions and societal responses; and the reality of justice being done in relative and imperfect ways under the best circumstances, due to human fallibility.","PeriodicalId":156658,"journal":{"name":"Heaven Has Eyes","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126223095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Heaven Has EyesPub Date : 2020-08-20DOI: 10.1093/oso/9780190060046.003.0010
Xiaoqun Xu
{"title":"The Legal System and the Rule of Law","authors":"Xiaoqun Xu","doi":"10.1093/oso/9780190060046.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780190060046.003.0010","url":null,"abstract":"Chapter 9 covers criminal justice in the first two decades after Mao’s death (1977–1996), when Deng Xiaoping was the top leader. With a brief summary of political developments, it outlines the post-Mao legal-judicial reforms as part of the reform and opening policies launched by Deng, including the enactment of the first Criminal Code and the Criminal Procedural Law of the PRC. While the Criminal Code retained Maoist language and influence, such as placing certain offenses in a category of “counterrevolutionary crimes,” the Criminal Procedural Law offered the beginning steps leading to procedural justice. The reforms included construction of a court system, professionalization of judges, and restoration of the legal profession. The chapter also looks at legal responses to reemerging crimes such as prostitution, human trafficking, narcotics trafficking, and pornography.","PeriodicalId":156658,"journal":{"name":"Heaven Has Eyes","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127040490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}