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Judge Bao and the Rule of Law

Judge Bao and the Rule of Law PDF Author: Wilt L. Idema
Publisher: World Scientific
ISBN: 9814277010
Category : Literary Collections
Languages : en
Pages : 454

Book Description
Pure, orthodox and incorruptible, Judge Bao has been serving as the preeminent embodiment of justice in China for almost a thousand years, so much so his court case have been adapted as stories, novels and plays over the centuries. Now, for the very first time a series of eight ballad-stories on Judge Bao, dating from the period 1250ndash;1450, are offered in a complete and annotated translation. These texts will provide the reader a complete reflection of the legend of Judge Bao in its earliest phase of development, with an extended introduction placing the ballad-stories in context with the development of the Judge Bao legend. These ballad-stories, in contrast to past plays dating from the same period, present abuse of power and corruption as endemic in the courts and bureaucratic service, and show Judge Bao imposing the rule of law even on the emperor.

Judge Bao and the Rule of Law

Judge Bao and the Rule of Law PDF Author: Wilt L. Idema
Publisher: World Scientific
ISBN: 9814277010
Category : Literary Collections
Languages : en
Pages : 454

Book Description
Pure, orthodox and incorruptible, Judge Bao has been serving as the preeminent embodiment of justice in China for almost a thousand years, so much so his court case have been adapted as stories, novels and plays over the centuries. Now, for the very first time a series of eight ballad-stories on Judge Bao, dating from the period 1250ndash;1450, are offered in a complete and annotated translation. These texts will provide the reader a complete reflection of the legend of Judge Bao in its earliest phase of development, with an extended introduction placing the ballad-stories in context with the development of the Judge Bao legend. These ballad-stories, in contrast to past plays dating from the same period, present abuse of power and corruption as endemic in the courts and bureaucratic service, and show Judge Bao imposing the rule of law even on the emperor.

Judge Bao and the Rule of Law

Judge Bao and the Rule of Law PDF Author: Wilt L. Idema
Publisher: World Scientific
ISBN: 9814277584
Category : Fiction
Languages : en
Pages : 454

Book Description
Ch. 1. The tale of the early career of Rescriptor Bao -- ch. 2. Judge Bao selling rice in Chenzhou -- ch. 3. The tale of the humane ancestor recognizing his mother -- ch. 4. Dragon-design Bao sentences the white weretiger -- ch. 5. Rescriptor Bao decides the case of the weird black pot -- ch. 6. The tale of the case of dragon-design Bao sentencing the emperor's brothers-in-law Cao -- ch. 7. The tale of Zhang Wengui. Part one. The Tale of Zhang Wengui. Part two -- ch. 8. The story of how Shi Guanshou's wife Liu Dusai on the night of the fifteenth, on superior prime, watched the lanterns. Part one. The story of the judgment of dragon-design Bao in the case of Prince Zhao and Sun Wenyi. Part two.

The Chinese Worldview Regarding Justice and the Supernatural

The Chinese Worldview Regarding Justice and the Supernatural PDF Author: Dora Shu-fang Dien
Publisher:
ISBN:
Category : History
Languages : en
Pages : 122

Book Description
China as an emerging world power is currently undergoing a tortuous process of reform in its legal system. China's difficulties are rooted in their worldview regarding justice and the supernatural. In contrast to the West, the Chinese do not regard divine powers as law-givers. In their view, since great antiquity laws have been created by human authorities for rulers to effectively control their subjects. This notion of rule by law is fundamentally different from the Western idea of rule of law based on protecting the rights of individual citizens. The Chinese emphasis on criminal justice is rooted in their conception of morality which is tied to their cosmology and supernatural beliefs. This book focuses on criminal justice by drawing upon court cases which appear in historical records. The author has included legendary stories, folk tales and wuxia (martial heroes or knights-errant) novels because they inform us in an interesting manner about the popular beliefs in justice and the supernatural, which guided the day-to-day action of the ordinary people. The author draws examples primarily from antiquity to the Song dynasty (960-1279) when these beliefs could very well be garnered from the rich sources of Zhe Yu Gui Jian (Exemplars in Judging Criminal Cases) containing 395 cases and Yi Jian Zhi (Accounts of Strange Happenings) containing 2,776 episodes, many of which involving the supernatural, as well as the captivating stories of the legendary Judge Bao who lived during the Song. This book concludes with a discussion of continuity and change down to the present in the context of a broad social and political landscape.

Vicious Circle, A #1

Vicious Circle, A #1 PDF Author: Mattson Tomlin
Publisher: BOOM! Studios
ISBN: 9781936393435
Category : Comics & Graphic Novels
Languages : en
Pages : 0

Book Description
Shawn Thacker is a trained assassin from the future who seeks revenge on the only other man with his affliction—each life they take forces them both to travel between vastly different past and future eras. Spanning from 22nd century Tokyo to 1950s New Orleans to the Cretaceous Era and beyond, the two mortal rivals are locked in a battle of wills that spans millions of years, all to alter the course of history.

In the Name of Justice

In the Name of Justice PDF Author: Weifang He
Publisher: Brookings Institution Press
ISBN: 0815722915
Category : Political Science
Languages : en
Pages : 324

Book Description
Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

China's Long March Toward Rule of Law

China's Long March Toward Rule of Law PDF Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 9780521016742
Category : History
Languages : en
Pages : 700

Book Description
Argues that China is in transition from rule by law to a version of rule of law.

Do Exclusionary Rules Ensure a Fair Trial?

Do Exclusionary Rules Ensure a Fair Trial? PDF Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387

Book Description
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Dispute Resolution in the People’s Republic of China

Dispute Resolution in the People’s Republic of China PDF Author: Zhiqiong June Wang
Publisher: BRILL
ISBN: 900433128X
Category : Law
Languages : en
Pages : 339

Book Description
This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.

The Limits of the Rule of Law in China

The Limits of the Rule of Law in China PDF Author: Karen G. Turner
Publisher: University of Washington Press
ISBN: 0295803894
Category : History
Languages : en
Pages : 384

Book Description
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Judicial Independence in China

Judicial Independence in China PDF Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 1107375584
Category : Law
Languages : en
Pages : 298

Book Description
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.