By Sarah Biddulph

ISBN-10: 0511378890

ISBN-13: 9780511378898

ISBN-10: 0521869404

ISBN-13: 9780521869409

Utilizing a brand new conceptual framework, the writer examines the tactics of criminal reform in post-socialist nations akin to China. Drawing on Bourdieu's suggestion of the 'field', the more and more advanced and contested strategies of felony reform are analysed on the subject of police powers. The influence of China's post-1978 criminal reforms on police powers is tested via a close research of 3 administrative detention powers: detention for schooling of prostitutes; coercive drug rehabilitation; and re-education via labour. the talk surrounding the abolition in 1996 of detention for research (also often called look after and research) is usually thought of. regardless of over twenty years of criminal reform, police powers stay poorly outlined by means of legislation and topic to minimum criminal constraint. they remain heavily and systematically abused. besides the fact that, there was either systematic and infrequently dramatic reform of those powers. This e-book considers the strategies that have made those felony alterations attainable.

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Analyses of police reforms consider the extent of police modernisation and professionalisation. As I discuss in chapter 2, analyses framed in terms of the rule of law have been given added impetus since adoption of the programme of rule according to law by the CCP in 1996. Viewed within this paradigm, administrative detention powers may be adjudged an area of failure in the transition to the rule of law. The reasons for these conclusions are not seriously in dispute. 70 As my analysis of the detention powers in this book will show, these 65 66 67 69 70 16 The bureaucracy is organised into functional systems called xitong ( ) which are headed by a ‘leadership small group’ (lingdao xiaozu ) responsible for policy-making.

39 The force of the legal field suggested in Bourdieu’s analysis is enhanced by the expansion of state law to regulate a growing range of activities. 40 In China, law had to be reconstructed after its annihilation during the Cultural Revolution. 45 The Party’s programme of reconstructing the legal system was further elevated in importance in 1996, as one eminent Chinese legal scholar has suggested, to the ‘same theoretical level as the socialist market economy’46 with adoption of the slogans ‘Use law to rule the country, 39 40 41 42 43 44 45 46 Bourdieu, 1987: 835–6.

Scholars such as Li Buyun suggest that ‘there is an increasingly substantive congruence in western and Chinese concepts of the rule of law’ but view this convergence in more limited terms by adding the proviso that China should not ‘copy indiscriminately each others’ experience without paying due attention to legitimate indigenous differences’. Li Buyun’s comments referred to in Keith and Lin, 2001: 37. 88 Fu, 1994: 280. Discussed in more detail in chapters 4 and 7. THE PROBLEMS OF LEGAL REFORM In chapters 3 to 6, I examine the development and uses of administrative detention through a social order policy lens.

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Legal reform and administrative detention powers in China by Sarah Biddulph


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