Competition and Compromise Between the Rule of Law and Social Harmony under China's Criminal Procedure Law of 2012

Research output: Conference PapersRGC 31B - Invited conference paper (non-refereed items)Yes

Abstract

Having perceived a shift in the legal culture of contemporary China, the paper crystallizes in its first section the changes of values in the criminal procedure law (CPL) of the People's Republic of China between 1979 and 2012. Then it reveals, in the second section, the incompatibility between the rule of law and social harmony, the current founding values of the Chinese CPL, from both historical and temporary perspectives. Multiple missions originating from the above two values taken by the CPL 2012 are surveyed in the third section. In the fourth section, the paper illustrates how the two values compete and compromise with each other by exploring controversial mechanisms in the new CPL.
Original languageEnglish
Publication statusPublished - 19 Sept 2013
Event8th Annual Conference: New Approaches and New Questions in Chinese Law (ECLS 2013) - Oxford, United Kingdom
Duration: 18 Sept 201320 Sept 2013

Conference

Conference8th Annual Conference: New Approaches and New Questions in Chinese Law (ECLS 2013)
PlaceUnited Kingdom
CityOxford
Period18/09/1320/09/13

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