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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Making of Chinese Criminal Law - The Preventive Shift in the Context of the Eighth Amendment (Paperback)
Loot Price: R1,379
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The Making of Chinese Criminal Law - The Preventive Shift in the Context of the Eighth Amendment (Paperback)
Series: The Rule of Law in China and Comparative Perspectives
Expected to ship within 12 - 19 working days
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By examining the reasons behind the preventive criminalization of
Chinese criminal law, this book argues that the shift of criminal
law generates popular expectations of legislative participation,
and meets punitive demands of the public, but the expansion of
criminal law lacks effective constraints, which will keep
restricting people's freedom in the future. The book is inspired by
the eighth amendment of Chinese criminal law in 2011, which amended
several penalties related to road, drug and environmental safety.
It is on the eighth amendment that subsequent amendments have been
based. The amendment stemmed from a series of nationally known
incidents that triggered widespread public dissatisfaction with the
Chinese criminal justice system. Based on John Kingdon's theory of
the multiple streams, the book explains the origins of the
legislative process and its outcomes by examining the role of
public opinion, policy experts and political actors in the making
of Chinese criminal law. It argues that in authoritarian China, the
prominence of risk control through criminal justice methods is a
state response to uncertainties generated through reforms under the
CCP's leadership. The process of criminal lawmaking has become more
responsive and inclusive than ever before, even though it remains a
consultation with the elites within the framework set by the
Chinese Communist Party (CCP), including representatives of the
Lianghui, government ministries, academics and others. The process
enhances the CCP's legitimacy by not only generating popular
expectations of legislative participation, but also by meeting the
punitive demands of the public. The book will be of interest to
academics and researchers in the areas of Chinese criminal law and
comparative law.
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