By Ni He
This ebook presents a distinct empirical learn of legal trials in China. Western observers comparable to the media, politicians and the criminal students alike, have hardly ever had the publicity to the majority of the standard felony trials in China.
A variety of criminal reforms were carried out in chinese language legal courts lately, yet there was little study on even if those reforms were powerful. This ebook fills that hole, through unveiling the daily truth of legal situations attempted via the bottom point courts in China. the information utilized in this examine contain hundreds of thousands of felony trial observations, whole felony case dossiers, and a complete questionnaire survey of legal justice practitioners from one huge province positioned in China’s Southeast coast. those facts have been accrued over a two-year interval, with a beneficiant examine supply from the toilet D. and Catherine T. MacArthur starting place, by means of students already operating within the chinese language criminal procedure.
The paintings opens with a ancient framework of the chinese language legal justice process, either Western and chinese language interpretations, and an outline of the present kingdom of the procedure. it is going to offer precise research of ways legal trials are being conducted in China, with an invaluable context for students with various degrees of familiarity with the present procedure. The examine framework for accumulating information mentioned during this ebook also will supply an invaluable foundation for learning the felony justice procedure in different areas.
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Extra resources for Chinese Criminal Trials: A Comprehensive Empirical Inquiry
The son (Donkey Zhang) and father who had ‘‘rescued’’ Cai Popo would soon find out that this ‘‘wealthy’’ widow lives with the young and beautiful Dou E, a new widow. ’’ Feeling indebted to the life-saving encounter with the Zhangs, Cai Popo almost yields to the pressure. Dou E, however, vehemently rejects the Zhang’s indecent proposal. Dou E pleads with her mother-in-law to preserve her (their) virtue as widows. With Cai Popo watching over Dou E closely, Donkey Zhang plots to rid Cai Popo in order to seize Dou E for his pleasure.
In reality, however, the district magistrate has the final word in deciding most of the cases (Watt 1972). The magistrate’s first preference 32 2 Imperial Bureaucracy and Criminal Trials is to discourage a lawsuit. However, if a case is accepted for trial, the magistrate would want it to be tried and concluded quickly. A crowded docket can be seen by his superior as a failure to maintain social harmony (Ocko 1982). 3 Justice and Imperial Criminal Trial The imperial criminal trial is a raw nerve of the Chinese legal history.
6 According to Meadows (1970), the size of yamen can be quite substantial, ranging from 300 to 500 people who live and work there. 2 Chinese Bureaucratic Labyrinth 29 essence, ‘‘obliged to gain their incomes by means of extortion, bribery, and illegal fees’’ levied by their underlings (Meadows 1970). The magistrate’s undivided power in ruling over all aspects of life in his jurisdiction makes them an all important figure, a mini-despot mirroring that of the Emperor. They are the lowest level officials in the imperial hierarchy of administrative ranks.
Chinese Criminal Trials: A Comprehensive Empirical Inquiry by Ni He