Suchergebnisse

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards 'security'. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

Includes bibliographical references (p. [349]-364) and index ; This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening. A rudimentary legal culture has taken hold among Party leaders, cadres, judicial personnel, intellectuals and the general public. Nevertheless, the contradiction between legal order and Party supremacy remains, as demonstrated by the June Fourth incident in Beijing and the ensuing trials of the 1989 dissidents ; published_or_final_version ; Foreword ; Preface ; Introduction p1 ; Conclusion p323 ; Glossary p339 ; Bibliography p349 ; Index to Case Studies p365 ; Index p369 ; Pt. 1 Marxism in Deng's China p15 ; Pt. 2 Legal Reform and the Practice of Law: Case Studies in the Administration of Criminal Justice, 1979- 1989 p69 ; Pt. 3 Towards a Chinese Socialist System and a Chinese Theory of Law p245 ; Appendix 1: Structure of the Criminal Justice System of the People's Republic of China p329 ; Appendix 1: Law and Regulations of the People's Republic of China for Criminal Justice, 1949-1993 p331 ; Ch. 1 The Impact of Ideological Upheaval on the Legal System in China p17 ; Ch. 2 Deng Xiaoping's Ideas on Law p33 ; Ch. 3 Chinese Jurists' Perspectives on Law p43 ; Ch. 4 In the Wake of the Third Plenum: The Inception of Legal Reform p73 ; Ch. 5 The Prelude to Legal Order: The Inauguration of Criminal Justice, 1980-82 p87 ; Ch. 6 On the Threshold of Legality: 1983-85 p133 ; Ch. 7 Legal Reform in Progress: The Emergence of a Legal Society, 1986-89 p191 ; Ch. 8 Principles, Theory and Practice of Socialist Law in the First Decade of Legal Reform p247 ; Ch. 9 The 1989 Student Democratic Movement: A Legal Perspective p271 ; Ch. 10 Trials of Dissidents of the 1989 Democratic Movement: The Limits of Socialist Justice p297