This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.

The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an ""unjust"" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. The Handbook of Research on Civil Justice provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. While there is unanimous condemnation of the practice, there is no consensus on the causes nor any persuasive analysis of what is likely to happen in the coming decades. In The Insidious Momentum of American Mass Incarceration, Franklin E. Zimring seeks a comprehensive understanding of when, how, and why the United States became the world leader in incarceration to further determine how the use of confinement can realistically be reduced. To do this, Zimring first profiles the growth of imprisonment after 1970, emphasizing the important roles of both the federal system and the distribution of power and fiscal responsibility among the levels of government in American states. He also examines the changes in law enforcement, prosecution and criminal sentencing that ignited the 400% increase in rates of imprisonment in the single generation after 1975. Finally, Zimring then proposes a range of strategies that can reduce prison population and promote rational policies of criminal punishment. Arguing that the most powerful enemy to reducing excess incarceration is simply the mundane features of state and local government, such as elections of prosecutors and state support for prison budgets, this book challenges the convential ways we consider the issue of mass incarceration in the United States and how we can combat the rising numbers.

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.

This is an ideal introductory book for the person who needs an insight into how the English legal system functions at all levels and a critical analysis of the shortcomings, with the views of major figures in the legal world on how to change the system so that it functions effectively.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume Two discusses the G-20 civil law countries.

This work provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings. The analysis is built from three major research sources which ensures that the analysis can bridge evidence of perception, behaviours, and outcomes amongst judges and arbitrators. A statistical survey provides a benchmark and point of comparison with the subjective statements arising from an extensive programme of interviews and questionnaires to provide an objective lens on the reasoning process that informs decisions and awards in practice. The outcome, presented in Legal Reasoning across Commercial Disputes, is an evidence-based model of the determining factors in legal reasoning by identifying and quantifying approximately seventy-five objective markers for which data can be compared across the arbitral-judicial, domestic-international, and common law-civil law divides. The methodology provides for a thorough and contextual assessment of legal reasoning by judges and arbitrators in commercial disputes. Legal Reasoning across Commercial Disputes investigates the level of sophistication and complexity associated with commercial arbitration relative to commercial litigation through domestic courts. The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also assists judges and arbitrators in carrying out their duties by improving counsel's understanding about how to best to craft and present legal arguments and submissions. The study also addresses longstanding theoretical concerns about the legitimacy of national and international commercial arbitration by replacing assumptions and anecdotes with objective data. The final part of the book draws together the various strands of analysis and concludes with a number of forward-looking proposals about how a deeper understanding of legal and judicial reasoning can be established to improve the quality of decisions and outcomes for all parties.

The Dispute resolution digest 2012 is the product of 7 years of continuous research by Tokiso into the labour dispute settlement system of South Africa. The intention of the Digest is to give a dispassionate account, based on statistical examination, of whether the dispute mechanisms of the Labour Relations Act are functioning effectively. The Digest considers types of labour disputes, settlements, trends in remedies and awards, and compliance with these awards. The disputes and awards are separated into their sub-categories of type, sector and forum with some interesting findings. Strikes, the most extreme form of labour action by employees, are analysed by the number of strikes, effects of strikes and the factors that trigger strikes.

An inside look at the struggles former prisoners face in reentering society Every year, roughly 650,000 people prepare to reenter society after being released from state and federal prisons. In Halfway House, Liam Martin shines a light on their difficult journeys, taking us behind the scenes at Bridge House, a residential reentry program near Boston, Massachusetts. Drawing on three years of research, Martin explores the obstacles these former prisoners face in the real world. From drug addiction to poverty, he captures the ups and downs of life after incarceration in vivid, engaging detail. He shows us what, exactly, it is like to live in a halfway house, giving us a rare, up-close view of its role in a dense and often confusing web of organizations governing prisoner reentry. Martin asks us to rethink the possibilities-and pitfalls-of using halfway houses to manage the worst excesses of mass incarceration. A portrait of life in the long shadow of the carceral state, Halfway House lets us see the struggles of reentry through the eyes of former prisoners.