Search results

1 – 10 of over 2000
Book part
Publication date: 14 October 2022

Hong Lu, Bin Liang and Deena DeVore

The victim’s rights movement and restorative justice (RJ) have gained momentum around the world. More laws and policies have focused on crime victims and their families. Western…

Abstract

The victim’s rights movement and restorative justice (RJ) have gained momentum around the world. More laws and policies have focused on crime victims and their families. Western literature suggests that the victim’s family suffers physical, emotional, and financial tolls and that the power of the victim’s family in pursuing justice for their loved ones remains limited. This is particularly concerning within the political and legal context of the abolitionist movement, innocence project, and human rights groups’ campaigns against police torture. Grounded in the perspectives of RJ and Chinese legal culture, this study examines the victim’s family, represented by Ding and senior Yu, of the Nian Bin capital murder case. Drawing on published reports and using the thematic content analysis method, this study examines the following aspects of victim’s family in a death penalty case: 1) victim family’s physical, emotional, and financial tolls; 2) victims’ family and the criminal justice system; 3) victims’ family and the media; and 4) the relationship between the victims’ and the accused’s families. This study concludes with discussions of the competing goals of families impacted by a crime and RJ practices that would help mitigate the loss of the victim’s family and enhance their confidence in the criminal justice system.

Details

The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

Keywords

Article
Publication date: 1 September 2003

Yue Ma

The Chinese criminal justice system has undergone significant changes in the past 20 years. An important aspect of the changes is the promulgation of a series of laws that are…

1493

Abstract

The Chinese criminal justice system has undergone significant changes in the past 20 years. An important aspect of the changes is the promulgation of a series of laws that are essential to the criminal justice operation. In 1996, the National People’s Congress promulgated the amended Criminal Procedure Law (CPL). The amended law in many aspects has expanded the rights of defendants and suspects. But the preliminary research on the implementation of the amended CPL indicates that due to the lack of a culture of respect for the law on the part of the police and the deficiencies contained in the amended CPL, the protections afforded to suspects are far from being properly implemented by the police. Introduces to readers the legislative progress made in the amended CPL, examines various problems that arise in the implementation of the amended CPL, and offers suggestions as to what needs to be done further to assure better protections of suspects’ rights at the police investigatory stage.

Details

Policing: An International Journal of Police Strategies & Management, vol. 26 no. 3
Type: Research Article
ISSN: 1363-951X

Keywords

Book part
Publication date: 7 October 2019

Most offender narrative being studied has been in oral forms, produced in the reciprocal process of researcher-(ex) offender interviews. This chapter offers an introduction to a…

Abstract

Most offender narrative being studied has been in oral forms, produced in the reciprocal process of researcher-(ex) offender interviews. This chapter offers an introduction to a variation of offender narrative study within the prison and rehabilitation context: the narrative of written autobiography. Since the early 1940s, Chinese reform institutions have required written autobiographies from new admitters, provided with clear presubscripted guidelines of instructions as well as postcensorship. For this chapter, we trace back and analyse this model based on 28 prisoners' autobiographies in mainland China between 2007 and 2009, as well as archive documents in different historical periods. We have found that the mandatory offender autobiographies are highly functional writings with clear requirements that embody the existing power structure. We have also found considerable commonality with findings in Western contexts on the presence and problems of narrative compliance in rehabilitation. We argue that narrative criminology should further engage in understanding the practice of narrative censorship and co-authorship in criminal justice processes, as it takes on different forms in different historical–social contexts.

Details

The Emerald Handbook of Narrative Criminology
Type: Book
ISBN: 978-1-78769-006-6

Keywords

Article
Publication date: 6 November 2009

Ivan Y. Sun, Michael A. Cretacci, Yuning Wu and Cheng Jin

The purpose of this paper is to examine Chinese police cadets' attitudes toward police roles and their work.

1043

Abstract

Purpose

The purpose of this paper is to examine Chinese police cadets' attitudes toward police roles and their work.

Design/methodology/approach

Using survey data collected from 182 cadets in a Chinese police college, this paper assesses the influences of cadets' characteristics and training on their attitudes toward law enforcement, order maintenance, preventive patrol, and community building.

Findings

Cadets without family members or relatives serving as police officers and with stronger physical capability are more likely to support the law enforcement role, while cadets with greater physical capability are less likely to favor order maintenance. Younger cadets and those without a Bachelor's degree are more likely to view preventive patrol as an important goal for the police. Cadets with stronger attitudes toward law enforcement are more likely to regard community building as an important police goal.

Research limitations/implications

Future research should continue to explore factors that influence officers' occupational attitudes and incorporate more attitudinal dimensions into the analysis. Future projects should also target local station officers from different departments.

Originality/value

This study represents one of the first attempts to empirically assess Chinese police cadets' work‐related attitudes. Findings of the study provide Chinese police administrators with useful references and directions to improve police training and enhance police‐community relations.

Details

Policing: An International Journal of Police Strategies & Management, vol. 32 no. 4
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 17 July 2020

Hung Kei Kenneth Lo

This paper aims to present and discuss the findings from a qualitative study of victim-offender mediation meetings in two non-government organisations in Hong Kong between January…

Abstract

Purpose

This paper aims to present and discuss the findings from a qualitative study of victim-offender mediation meetings in two non-government organisations in Hong Kong between January 2015 and February 2016. It argues that mediators in Hong Kong have a unique interpretation of the criteria for someone to be considered a “macro-community member”. Confucian relational ethics emphasises that everyone lives in a personal nexus and wrongdoings will disturb this nexus. In this specific context, therefore, mediators feel that reconciliation and reparation should be dealt with by the people in the offender’s network while the involvement of unknown macro-community members is discouraged.

Design/methodology/approach

The semi-structured interview was adopted for use in this study, and an interview schedule with 12 open-ended questions was prepared as a guideline for conducting the interviews.

Findings

Mediators in Hong Kong have a unique interpretation of the criteria for someone to be considered a “macro-community member” Confucian relational ethics emphasises that everyone lives in a personal nexus and wrongdoings will disturb this nexus. Reconciliation and reparation should be dealt with by the people in the network, and the involvement of macro-community members will certainly disturb this network.

Originality/value

This study was conducted by the author between January 2015 and February 2016 for the purpose of obtaining a doctorate. The paper has neither been published previously nor is it under review for publication in any other journal at this time.

Details

Safer Communities, vol. 19 no. 3
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 5 October 2022

Hailey Khatchatourian, Grace MacFarland, Mindy Thai, Danika Hickling, Brad Smith and Yuning Wu

While public support for and cooperation with the police has been deemed vital for police effectiveness, what shapes such support and cooperation has not been fully examined. The…

Abstract

Purpose

While public support for and cooperation with the police has been deemed vital for police effectiveness, what shapes such support and cooperation has not been fully examined. The purpose of this study is to explore three perspectives on public cooperation with police simultaneously: (1) police legitimacy, (2) legal cynicism, and (3) neighborhood norms.

Design/methodology/approach

The data used in this study came from a survey conducted with 408 residents across three neighborhoods in Detroit, Michigan, in 2009. Ordinary least squares (OLS) regression was used to assess the relationship between the three groups of theory-based predictors, representing police legitimacy, legal cynicism, and neighborhood norms, and the dependent variable of cooperation.

Findings

The findings partially support the legitimacy model, as trust in police, but not perceived obligation to obey, predicts cooperation with police. This study provides strong support for the legal cynicism and neighborhood norms perspectives. Specifically, residents who have higher levels of legal cynicism and who report a stronger anti-snitch neighborhood subculture report being less inclined to cooperate with the police.

Originality/value

This study is the first to compare the relative influences of three major perspectives on public cooperation. Future studies should continue to analyze competing theories in explaining public cooperation with the police and determine if findings from this study are applicable to locations outside Detroit.

Details

Policing: An International Journal, vol. 45 no. 6
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 13 March 2020

Lianlian Liu

The issue of concurrent jurisdiction over cross-border crimes has become common in a globalizing world, while the rigid compliance with territoriality and active personality…

Abstract

Purpose

The issue of concurrent jurisdiction over cross-border crimes has become common in a globalizing world, while the rigid compliance with territoriality and active personality jurisdiction has created a legal vacuum for cross-border crimes in many situations. The jurisdiction dispute between mainland China and Taiwan over cross-border telecom fraud crimes is a good example. In recent years, the Ministry of Public Security of the People’s Republic of China cracked down a series of cross-border telecom fraud crimes against mainland residents and extradited suspects to mainland China. Given a certain proportion of Taiwan residents in criminal gangs, the Taiwan side raised jurisdiction objections, arguing that mainland China had no right to exercise jurisdiction over Taiwanese criminals. The essence of the jurisdiction dispute between two sides is the concurrence of Taiwan’s right to exercise active personality jurisdiction and the mainland’s right to exercise passive personality jurisdiction. The purpose of this paper is to analyze the connotation of different jurisdiction principles (namely, territorial, active personality, protective and passive personality jurisdiction) and reinterpret their prioritization of applicability from a jurisprudential perspective, and thus, enhance the theoretical basis for resolving the issue of concurrent jurisdiction over cross-border crimes.

Design/methodology/approach

By reviewing the historical trajectory of major jurisdiction principles since the 1920s, and studying the specificities of the case in this context, this paper argues that territorial jurisdiction and active personality jurisdiction have presumed priority but not an absolute priority for resolving the issue of concurrent jurisdiction. The applicability of protective and passive personality jurisdiction could precede the former provided the jurisdictions of territoriality or active personality are inadequate, incompetent or lack of motivation to combat crimes, which harm other jurisdictions.

Findings

The developmental trajectory and contemporary connotation of major jurisdiction principles suggests that the legitimacy of the mainland’s exercise of passive personality jurisdiction over Taiwan criminal suspects lies in the urgent need to recover mainland victims’ significant property loss, the incompetence of Taiwan in detecting and prosecuting telecom fraud crimes committed by Taiwanese residents and targeting mainland victims and that the mainland has guaranteed the Taiwan side’s right to be timely informed and fully participate in its exercise of criminal jurisdiction over crimes involving Taiwan suspects.

Originality/value

Current literature on jurisdiction doctrines mainly uses a historical or descriptive approach to reveal the attitudes of different countries toward jurisdiction principles, which helps little in resolving the issue of concurrent jurisdiction over cross-border crimes in an era of globalization. This paper uses an interpretative approach, reinterprets the contemporary connotation of different jurisdiction principles and redefines the criteria for determining their prioritization in the context of the specificities of a case. It is expected to update the academic literature for resolving concurrent jurisdiction, fill the legal vacuum for combating cross-border crimes created by rigid compliance with territorial jurisdiction, and meanwhile relieve concerns about abuse of extraterritorial jurisdiction as it provides concrete standards for weighting the applicability of jurisdiction principles.

Article
Publication date: 2 June 2021

Wenhao Shen

To describe recent regulatory developments in China on digital renminbi (RMB), initial coin offerings (ICOs), cryptocurrency holdings, cryptocurrency exchanges and blockchain…

663

Abstract

Purpose

To describe recent regulatory developments in China on digital renminbi (RMB), initial coin offerings (ICOs), cryptocurrency holdings, cryptocurrency exchanges and blockchain technology.

Design/methodology/approach

Describes a digital RMB pilot program, seven government agencies’ bans on ICOs and cryptocurrency exchanges, the legality of holding and trading cryptocurrencies in China and the government’s endorsement of blockchain technology.

Findings

No PRC law or regulation prohibits Chinese investors from holding or trading cryptocurrencies but Bitcoin is defined as a virtual commodity, not a currency. Despite a ban on ICOs and cryptocurrency exchanges, the People’s Bank of China (PBOC) and other government agencies endorse blockchain technology as long as its goal is to service the real economy.

Originality/value

Expert guidance from lawyer with experience in foreign investment, cross-border mergers and acquisitions, capital markets, fund formation and venture capital and private equity investments in China.

Details

Journal of Investment Compliance, vol. 22 no. 2
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 30 April 2018

Guangzhen Wu, David A. Makin, Yongtao Li, Francis D. Boateng and Gassan Abess

The purpose of this paper is to examine the contours of police integrity among Chinese police officers. Specifically, this study explores how Chinese police evaluate integrity…

Abstract

Purpose

The purpose of this paper is to examine the contours of police integrity among Chinese police officers. Specifically, this study explores how Chinese police evaluate integrity based on official policy governing interactions, discipline governing infractions, views of seriousness, and willingness to inform when others engage in misconduct.

Design/methodology/approach

In total, 353 police officers were surveyed representing those attending in-service training program at a Chinese police university in May 2015. Questionnaires containing 11 scenarios describing police misbehaviors were distributed to officers during classes.

Findings

There was a strong correlation between officers’ perceptions of rule-violation, misconduct seriousness, discipline, and willingness to report. Additionally, preliminary results suggest there exists a code of silence among Chinese officers, and that Chinese officers hold a lenient attitude toward the use of excessive force.

Research limitations/implications

This study utilizes a convenient sample, which restricts the generalizability of the results.

Practical implications

The results indicate the existence of code of silence among Chinese officers and their lenient attitude toward the use of excessive force.

Originality/value

Although there has been a growing body of research examining police integrity in both western democracies and transitional societies, China as the largest developing nation in the world and with a unique police system (falls somewhere between the centralized model and the integrated model) is understudied. This study addresses this gap in previous literature by exploring the contours of police integrity among Chinese police officers.

Details

Policing: An International Journal, vol. 41 no. 5
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 25 August 2022

Yuning Wu, Ivan Sun, Tzu-Ying Lo and Jianhong Liu

This paper comparatively assesses the connections between individual demographic traits, occupational characteristics, and organizational factors and officers' attitudes toward…

Abstract

Purpose

This paper comparatively assesses the connections between individual demographic traits, occupational characteristics, and organizational factors and officers' attitudes toward important groups in China and Taiwan.

Design/methodology/approach

Survey data used in this study were collected from 722 police officers from mainland China and 531 officers from Taiwan. Multivariate regression analyses were conducted to assess the correlates of police attitudes toward peers, supervisors, and citizens.

Findings

The Chinese and Taiwanese officers do not differ in their trust in peers, but the Chinese officers hold significantly more positive views on the trustworthiness of supervisors and citizens compared to the Taiwanese officers. Supervisor justice and organizational identification are significant predictors of officers' attitudes toward all three groups in both countries.

Research limitations/implications

A major limitation revolves around the inability to test and explain exactly why findings from the two groups vary in their ways. Future research should include specific social, political, and cultural predictors.

Originality/value

This study represents one of the few studies that compare police attitudes toward important groups of peers, supervisors, and citizens across nations/cultures.

Details

Policing: An International Journal, vol. 46 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

1 – 10 of over 2000