1,721,014 research outputs found
Arbitrary Detention
Full text linkThe right to personal liberty is often described as one of the most fundamental human rights in light of its connection to an individual’s physical freedom. The right has a long history in both the common and civil law traditions and has been recognized as part of customary international law (Human Rights Council 2012, A/HRC/22/44, para. 79). From this right derives the expectation that individuals may not be detained or imprisoned without justification
The Impact of Transparency and Accountability Mechanisms and Bureaucratic Inertia: A Case Study of Work Safety Regulation
Full text linkIn a competent authoritarian regime such as China, when we think about the application of the principles of transparency and accountability to administrative conduct, we tend to imagine the state as powerful and active. The harms upon which we tend to focus relate to those resulting from exceeding the lawful limits of power or the abuse of power. What we do not expect to find, and what administrative law principles in China do not address very well, is the problem when administrative agencies fail to act and the harms that arise out of this failure
The field of crime control and social order: Prospects for criminal procedure reform in China
No full textThe Concept of Public Participation: Planning and Housing Resumption Decisions in Shanghai
Full text linkThis chapter examines public participation in government decision making in China. Despite superficial similarities to Archon Fung, Mary Graham, and David Weil’s vision of an emerging form of consultative transparency (where the public is able to access information from the government, organizations, and other sources, combines that information independently of government intervention, and plays an active role in influencing policy formation), the role of public consultation in China is arguably much more constrained. When we seek to understand the role of, and possibilities for, public participation and transparency in authoritarian regimes such as China, we simply cannot assume that public participation, transparency, and democratic legitimation exist in the same relationship to each other
Transparency and Accountability in Governance in China: Evaluating Legal Reforms
Full text linkThis chapter is interested in the ongoing reforms to give institutional form to principles of transparency and accountability in the legal regulation of administration in China
Who Are the Important Actors in Shaping Good Governance, Transparency, and Accountability Principles?
Full text linkCommonly held ideas and aspirations of good governance, as comprised by transparency, accountability, and public participation, create a potential point of conversation between the national and the supranational. The chapters in this book have explored the ways in which these key ideas are given shape and operate at both the level of international institutions and corporations and at the national level. Interactions between these levels have a number of dimensions
Introduction to the Handbook on Human Rights in China
No full textIt is a daunting assignment to prepare a comprehensive introduction to human rights in China. For one thing, there are several different ways to approach the topic. If one focuses only on the current state of affairs, one risks overlooking the interesting and complex historical journey that China has taken to get there. One also must consider the approach to law and practice, since the compatibility of China’s framework of laws and regulations with its obligations to protect, respect and fulfil human rights obligations may look one way on paper and another way when it comes to implementation and enforcement
Handbook on Human Rights in China
Full text linkTOC and Chapter 1 available.This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights
What to Make of the Abolition of Re-Education Through Labour?
Full text linkIn 1979 two of the first laws to be passed in the People’s Republic of China’s (PRC) era of reform and opening up were the Criminal Law (Xing Fa) and the Criminal Procedure Law (Xingshi Susong Fa) 1979. Whilst a number of legislative instruments had been in place prior to 1979 that authorised arrest and criminal punishment, this was the first time in the history of the PRC that comprehensive codes of criminal law and procedure had been passed. Of course, the lack of legislation had not prevented the dispensation of criminal justice
Management of Stability in Labour Relations
Full text linkWorkers occupy a central position in the ideology of the socialist state. In theory they continue to occupy the position of ‘masters’ of the country. They enjoy a range of constitutionally protected labour rights such as the right and duty to work, the right to rest, freedom of association, procession and demonstration, the right to rest and to receive material assistance from the state and society when they are old, ill, or disabled. Women and men enjoy equal rights. Workers’ rights are defined and given specific form by legislation and to a great extent are dependent upon state action for their fulfillment. Private enforcement mechanisms exist, but in important respects are of limited scope and ineffective to pressure for broader structural changes in either economic policy or the labour market
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