103 research outputs found
Opportunities and challenges for legislative and institutional reform of detention in China
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Framing imprisonment studies in China: ideology, law and politics
No full textThis chapter interrogates how the ideas pertaining to imprisonment have been analysed and conceptualised by the Chinese scholarship on law and justice to show how different political discourses interact and shape its contours. It also examines the main themes that have emerged in post-Mao approaches on imprisonment. In China today, political discourse continues to be encapsulated in politico-legal slogans that profess to embody certain political agendas. The most intuitive explanation for this continued interest is that imprisonment represents one of the key forms of criminal punishments in the People's Republic of China (PRC). In the early years of the PRC, custodial punishment was a way of bringing to heel socialism's recalcitrants and neutralising their political or social dangerousness. Academic discussions on reform and imprisonment continued to be imbued with ideas that had clear Marxist and Leninist connotations and that derived from the traditional Russian school on reform through labour
Deprivation of Liberty under Scrutiny
No full textSince the early 1980s, the People's Republic of China has embarked on a dramatic and ongoing experiment with legal and institutional reform.The circumstances and experience of reform concerning detention and imprisonment have been both controversial and understudied. Given their political sensitivity, until very recently institutions of detention and imprisonment have remained mostly cloaked in secrecy. As a result, the scope, significance and the internal dynamics of reforms to these systems have been less well understood than reforms in different areas of Chinese law
Socialist Law
No full textSocialist law, both in the Soviet Union and in Mao’s China, emerged as a system of legal principles based on the historical realities of socialist revolution. The role of the Communist Party in both nations was to lead over all aspects of the law in order to bring about the realisation of communism.Full Tex
Smart Governance, Smarter Surveillance
No full textXi Jinping’s 习近平 regard for socialist buzzwords and phrases is legendary. The China Dream 中国梦, the Four Comprehensives 四个全面, The Party Leads Over Everything 党是领导一切的, and, more recently, Common Prosperity 共同富裕 are a few of the more popular framing devices for Xi’s ambitious agenda. But in terms of its ability to encapsulate precisely what is happening on the (political) ground in the People’s Republic of China (PRC) and reflect the Party-State’s raw ambitions, there is one in Xi’s lexicon that rules them all: Modernisation of Governance Capacity 治理能力现代化. This phrase, adopted as the main theme of the Fourth Plenum of the Communist Party of China’s (CPC) Nineteenth Central Committee held in 2019,1 is now helping to direct and shape new developments in big data and smart surveillance in accordance with socialist ideology, reaching into every part of people’s everyday lives. Aspects of comprehensive smart surveillance are now being written into national development goals and law, thus creating a full package of surveillance, social and economic development, ideology, and governance.Full Tex
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