Skip to main content
×
Home
Legal Reform and Administrative Detention Powers in China
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 12
  • Cited by
    This book has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Erie, Matthew S. 2015. Muslim Mandarins in Chinese Courts: Dispute Resolution, Islamic Law, and the Secular State in Northwest China. Law & Social Inquiry, Vol. 40, Issue. 4, p. 1001.


    den Dulk, Kevin R. 2014. Christianity in Chinese Public Life.


    Malmgren, Otto 2013. Article 37: The right to liberty of person under the Chinese constitution. China-EU Law Journal, Vol. 2, Issue. 1-2, p. 35.


    BIDDULPH, SARAH COONEY, SEAN and ZHU, YING 2012. Rule of Law with Chinese Characteristics: The Role of Campaigns in Lawmaking. Law & Policy, Vol. 34, Issue. 4, p. 373.


    Kong, Travis S.K. 2012. REINVENTING THE SELF UNDER SOCIALISM. Critical Asian Studies, Vol. 44, Issue. 2, p. 283.


    Rajah, Jothie 2011. Punishing Bodies, Securing the Nation: How Rule of Law Can Legitimate the Urbane Authoritarian State. Law & Social Inquiry, Vol. 36, Issue. 4, p. 945.


    Shen, Song-Ying Zhang, Zhou-Bin Tucker, Joseph D Chang, Helena Zhang, Guan-Rong and Lin, Ai-Hua 2011. Peer-based behavioral health program for drug users in China: a pilot study. BMC Public Health, Vol. 11, Issue. 1,


    2011. Police Reform in China.


    2011. Police Reform in China.


    Han, Dong 2010. Policing and racialization of rural migrant workers in Chinese cities. Ethnic and Racial Studies, Vol. 33, Issue. 4, p. 593.


    Leheny, David and Liu, Sida 2010. The Politics of Crime, Punishment, and Social Order in East Asia. Annual Review of Law and Social Science, Vol. 6, Issue. 1, p. 239.


    Liu, Sida and Halliday, Terence C. 2009. Recursivity in Legal Change: Lawyers and Reforms of China's Criminal Procedure Law. Law & Social Inquiry, Vol. 34, Issue. 4, p. 911.


    ×
  • Export citation
  • Recommend to librarian
  • Recommend this book

    Email your librarian or administrator to recommend adding this book to your organisation's collection.

    Legal Reform and Administrative Detention Powers in China
    • Online ISBN: 9780511493836
    • Book DOI: https://doi.org/10.1017/CBO9780511493836
    Please enter your name
    Please enter a valid email address
    Who would you like to send this to? *
    ×
  • Buy the print book

Book description

Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

Reviews

'… this 484-page masterpiece leaves the reader in awe. It was not only time but also firm resolution that were required in massive doses to obtain the documentary sources on which this book is based. Besides almost no other work on detention in China has reached the same level of scholarly and intellectual rigour. This book has made an enduring contribution to our knowledge of one of the most important, yet least known sectors of Chinese law. This is essential reading for scholars of Chinese law, contemporary China, NGO personnel, teachers and sociologists of law.'

Source: China Information

'Biddulph adopts a fresh approach to administrative detention. … The information and its analysis significantly enlarge our knowledge of the areas of detention, police studies and China's legal and political transition. … the book brings really significant empirical and methodological contributions to the study of China's legal, social, historical and political development. Readers interested in methodological considerations may find the introductory and conclusion chapters particularly revealing, and experts in China's law, police and detention studies will find a number of illuminating insights in the substantive chapters of this rigorous and remarkable book.'

Source: The China Quarterly

'Biddulph has made a useful contribution to comprehending the complexity of the problems that face both law reformers and the wielders of the powers that they would constrain.'

Source: The China Journal

    • Aa
    • Aa
Refine List
Actions for selected content:
Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Send to Kindle
  • Send to Dropbox
  • Send to Google Drive
  • Send content to

    To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to .

    To send content to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

    Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    Please be advised that item(s) you selected are not available.
    You are about to send:
    ×

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
×

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.


William Alford , (1995) ‘Tasselled Loafers for Barefoot Lawyers: Transformation and Tension in the World of Legal Workers’, 141, The China Quarterly, 22–40.

Alford, William, (2003) ‘Of Lawyers Lost and Found: Searching for Legal Professionalism in the People's Republic of China’, in East Asian Law-Universal Norms and Local Cultures, Arthur Rosett , Lucie Cheng and Margaret Woo (eds.), London, RoutledgeCurzon, 182–204.

Borge Bakken , (1993) ‘Crime, Juvenile Delinquency and Deterrence Policy in China’, 30, The Australian Journal of Chinese Affairs, 29–58.

Borge Bakken , (2004) ‘Moral Panics, Crime Rates and Harsh Punishment in China’, 37, The Australian and New Zealand Journal of Criminology, 67–89.

Isaac Balbus , (1977) ‘Commodity Form and and Legal Form: An Essay on the “Relative Autonomy of Law”’, 11, Law and Society Review, 571–89.

Richard Baum , (1986) ‘Modernization and Legal Reform in Post-Mao China: The Rebirth of Socialist Legality’, 19, Studies in Comparative Communism, 69–103.

Harold J. Berman , (1963) Justice in the Union of Soviet Socialist Republics. An Interpretation of Soviet Law, Cambridge, Harvard University Press.

Bill Brugger and Stephen Reglar , (1994) Politics, Economy and Society in Contemporary China, Hong Kong, Macmillan Press.

John Burns , (1999) ‘The People's Republic of China at 50: National Political Reform’, 159, The China Quarterly, 580–94.

Janet Chan , (1996) ‘Changing Police Culture’, 36, British Journal of Criminology, 109–34.

Kam Wing Chan and Zhang Li , (1999) ‘The Hukou System and Rural–Urban Migration in China: Processes and Changes’, 160, The China Quarterly, 818–55.

Tiejun Cheng and Mark Selden , (1994) ‘The Origins and Social Consequences of China's Hukou System’, 139, The China Quarterly, 644–68.

Clarke, Donald, (1995) ‘Justice and the Legal System in China’, in China in the 1990s, Robert Benewick and Paul Wingrove (eds.), London, Macmillan, 83–93.

Donald Clarke and James Feinerman , (1995) ‘Antagonistic Contradictions: Criminal Law and Human Rights in China’, 141, The China Quarterly, 135–54.

Jerome Cohen , (1966) ‘The Criminal Process in the People's Republic of China: An Introduction’, 79, Harvard Law Review, 469–533.

Jerome Cohen , (1968) The Criminal Process in the People's Republic of China 1949–1963, Cambridge, Mass., Harvard University Press.

Hugh Collins , (1984) Marxism and Law, Oxford, Oxford University Press.

Cooney, Sean, Lindsey, Tim, Mitchell, Richard and Zhu, Ying, (2002a) ‘Labour Law and Labour Market Regulation in East Asian, States’, in Law and Labour Market Regulation in East Asia, Sean Cooney , Tim Lindsey , Richard Mitchell and Ying Zhu (eds.), London, Routledge, 1–26.

Olufemi Taiwo , (1999) ‘The Rule of Law: The New Leviathan?12, Canadian Journal of Law and Jurisprudence, 151–68.

Brian Tamanaha , (2000) ‘A Non-Essentialist Version of Legal Pluralism’, 27, Journal of Law and Society, 296–321.

Wenfang Tang , (2001) ‘Political and Social Trends in the Post-Deng Urban China: Crisis or Stability?’, 168, China Quarterly, 890–909.

Harold Tanner , (1995) ‘Policing, Punishment and the Individual: Criminal Justice in China’, 20, Law and Social Inquiry, 277–303.

Murray Scot Tanner , (1999) The Politics of Lawmaking in China: Institutions, Processes and Democratic Prospects, Oxford, Clarendon Press.

Murray Scot Tanner , (2000) ‘State Coercion and the Balance of Awe: The 1983–1986 “Stern Blows” Anti-Crime Campaign’, 44, The China Journal, 93–125.

Murray Scot Tanner , (2002) ‘Changing Windows on a Changing China: The Evolving “Think Tank” System and the Case of the Public Security Sector’, 171, The China Quarterly, 559–74.

Murray Scot Tanner , (2004) ‘China Rethinks Unrest’, 27, The Washington Quarterly, 137–56.

Gunther Teubner , (1998) ‘Legal Irritants: Good Faith in British Law or How Unifying Law Ends up in New Divergences’, 61, Modern Law Review, 11–32.

Susan Trevaskes , (2003a) ‘Public Sentencing Rallies in China: The Symbolizing of Punishmnet and Justice in a Socialist State’, 39, Crime, Law & Social Change, 359–82.

Susan Trevaskes , (2003b) ‘Yanda 2001: Form and Strategy in a Chinese Anti-crime Campaign’, 36, Australian and New Zealand Journal of Criminology, 272–92.

Susan Trevaskes , (2004) ‘Propaganda Work in the Chinese Courts’, 6, Punishment and Society, 5–21.

David Trubek , (1972) ‘Toward a Social Theory of Law: An Essay on the Study of Law and Development’, 82, The Yale Law Journal, 1–50.

Kam Wong , (2002) ‘Policing in the People's Republic of China; The Road to Reform in the 1990s’, 42, British Journal of Criminology, 281–316.

Ronald Keith , (1994) China's Struggle for the Rule of Law, New York, St Martin's Press.

Ronald Keith and Zhiqiu Lin , (2001) Law and Justice in China's Marketplace, New York, Palgrave.

Ronald Keith and Zhiqiu Lin , (2003) ‘The ‘Falungong Problem’: Politics and the Struggle for the Rule of Law in China’, 175, The China Quarterly, 623–42.

Perry Keller , (1994) ‘Sources of Order in Chinese Law’, 42, The American Journal of Comparative Law, 711–59.

Michal Korzec , (1991) ‘Administrative Lawlessness in China’, Review of Socialist Law, 145–59.

Jieli Li , (1996) ‘The Structural Strains of China's Socio-legal System: A Transition to Formal Legalism?24, International Journal of the Sociology of Law, 41–59.

Linda Chelan Li , (2000) ‘The “Rule of Law” Policy in Guangdong: Continuity or Departure? Meaning, Significance and Processes’, 161, The China Quarterly, 199–220.

Victor Li , (1970) ‘The Role of Law in Communist China’, China Quarterly, 66–111.

Stanley Lubman , (1967) ‘Mao and Mediation: Politics and Dispute Resolution in Communist China’, 55, California Law Review, 1284–359.

Stanley Lubman , (1991) ‘Studying Contemporary Chinese Law: Limits, Possibilities and Strategy’, 39, The American Journal of Comparative Law, 293–341.

Stanley Lubman , (1995) ‘Introduction: The Future of Chinese Law’, 141, The China Quarterly, 1–21.

Daniel Lynch , (1999) ‘Dilemmas of “Thought Work” in Fin-de-Siècle China’, 157, The China Quarterly, 173–201.

Olivia Yu and Lening Zhang , (1999) ‘The Under-recording of Crime by Police in China: A Case Study’, 22, Policing: An International Journal of Police Strategies and Management, 252–63.

Heike Gramckow , (1995) ‘The Influence of History and the Rule of Law on the Development of Community Policing in Germany’, 18, Police Studies, 17.

John Harlan , (1997) ‘The German Police: Issues in the Unification Process’, 20, Policing, 532–54.

Russell Hiang Khng Heng , (2001) ‘Media Negotiating the State: In the Name of the Law in Anticipation’, 16, Sojourn, 213–37.

Christian Henriot , (1995) “La Fermature”: The Abolition of Prostitution in Shanghai, 1949–58', 142, The China Quarterly, 467–86.

Geor Hintzen , (1999) ‘The Place of Law in the PRC's Culture’, 11, Cultural Dynamics, 167–92.

Gordon Johnston and Janie Percy-Smith , (2003) ‘In Search of Social Capital’, 31, Policy and Politics, 321–34.

Carol Jones , (1994) ‘Capitalism, Globalization and the Rule of Law: An Alternative Trajectory of Legal Change in China’, 3, Social and Legal Studies, 195–221.

Otto Kahn-Freund , (1974) ‘On the Uses and Misuses of Comparative Law’, 37, Modern Law Review, 1–27.

Yue Ma , (1997) ‘The Police Law 1995: Organization, Functions Powers and Accountability of the Chinese Police’, 20, Policing: An International Journal of Police Strategies and Management, 113–35.

Ugo Mattei , (1997) ‘Three Patterns of Law: Taxonomy and Change in the World's Legal Systems’, 45, American Journal of Comparative Law, 5–44.

Barrett McCormick and David Kelly , (1994) ‘The Limits of Anti-Liberalism’, 53, The Journal of Asian Studies, 804–31.

David Nelken , (1995) ‘Disclosing/Invoking Legal Culture: An Introduction’, 4, Social and Legal Studies, 435–52.

Talcott Parsons , (1964) ‘Evolutionary Universals in Society’, 29, American Sociological Review, 339–57.

Randall Peerenboom , (1999) ‘Ruling the Country in Accordance with Law: Reflection on the Rule and Role of Law in Contemporary China’, 11, Cultural Dynamics, 315–51.

Randall Peerenboom , (2002a) China's Long March Toward Rule of Law, Cambridge, Cambridge University Press.

Minxin Pei , (1995) ‘“Creeping Democratization” in China’, 6, Journal of Democracy, 65–79.

Minxin Pei , (1997) ‘Citizens v. Mandarins: Administrative Litigation in China’, 152, The China Quarterly, 832–62.

Mark Petracca and Xiong Mong , (1990) ‘The Concept of Chinese Neo-Authoritarianism: An Exploration and Democratic Critique’, 30, Asian Survey, 1099–117.

Pitman Potter , (1994b) ‘Riding the Tiger: Legitimacy and Legal Culture in Post-Mao China’, 138, The China Quarterly, 325–58.

Pitman Potter , (1995a) ‘Foreign Investment Law in the People's Republic of China: Dilemmas of State Control’, 141, The China Quarterly, 155–85.

Pitman Potter , (1998) ‘Curbing the Party: Peng Zhen and Chinese Legal Culture’, 45, Problems of Post-Communism, 17–28.

Pitman Potter , (1999) ‘The Chinese Legal System: Continuing Commitment to the Primacy of State Power’, 159, The China Quarterly, 673–83.

Pitman Potter , (2003a) ‘Belief in Control: Regulation of Religion in China’, 174, The China Quarterly, 317–37.

Chih-yu Shih , (1996) ‘China's Socialist Law Under Reform: The Class Nature Reconsidered’, 44, American Journal of Comparative Law, 627–46.

Yingyi Situ and Weizhang Liu , (1996) ‘Comprehensive Treatment to Social Order: A Chinese Approach against Crime’, 20, International Journal of Comparative and Applied Criminal Justice, 95–115.

Daniel Curran and Sandra Cook , (1993) ‘Growing Fears, Rising Crime: Juveniles and China's Justice System’, 39, Crime and Delinquency, Special Issue: Crime and Justice in China and Japan, 296–315.

Anthony Dicks , (1995) ‘Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform’, 141, The China Quarterly, 84–109.

Frank Dikotter , Lars Laamann and Xun Zhou , (2002) ‘Narcotic Culture: A Social History of Drug Consumption in China’, 42, British Journal of Criminology, 317–36.

Michael Dowdle , (1999) ‘Heretical Laments: China and the Fallacies of “Rule of Law”’, 11, Cultural Dynamics, 287–314.

June Dreyer , (1996) China's Political System: Modernization and Tradition, Boston, Allyn and Bacon.

Michael Dutton , (1992a) ‘Disciplinary Projects and Carceral Spread: Foucauldian Theory and Chinese Practice’, 21, Economy and Society, 276–94.

Michael Dutton , (1995a) ‘Dreaming of Better Times: “Repetition with a Difference” and Community Policing in China’, 3, positions east asia cultures critique, 415–47.

Michael Dutton , (1995b) ‘One Story, Two Readings: A Response to Harold Tanner’, 20, Law and Social Inquiry, 305–16.

Michael Dutton and Tianfu Lee , (1993) ‘Missing the Target? Policing Strategies in the Period of Economic Reform’, 39, Crime and Delinquency, Special Issue: Crime and Justice in China and Japan, 316–36.

Edward Epstein and Simon Hing-Yan Wong , (1996) ‘The Concept of “Dangerousness” in the People's Republic of China and its Impact on the Treatment of Prisoners’, 36, British Journal of Criminology, 472–97.

Amitai Etzioni , (2000) ‘Social Norms: Internalization, Persuasion and History’, 34, Law and Society Review, 157–78.

Keith Forster , (1985) ‘The 1982 Campaign Against Economic Crime in China’, 14, The Australian Journal of Chinese Affairs, 1–19.

Lawrence Friedman , (1969a) ‘Legal Culture and Social Development’, 4, Law and Society Review, 29–44.

Hualing Fu , (1994) ‘A Bird in the Cage: Police and Political Leadership in Post-Mao China’, 4, Policing and Society, 277–91.

Hualing Fu , (1998) ‘Criminal Defence in China: The Possible Impact of the 1996 Criminal Procedure Law Reform’, 153, The China Quarterly, 31–48.

Dennis Galligan , (1990) Discretionary Powers. A Legal Study of Official Discretion, Oxford, Clarendon Press.

John Gillespie , (2002) ‘Transplanted Company Law: An Ideological and Cultural Analysis of Market Entry in Vietnam’, 51, International and Comparative Law Quarterly, 641–72.

Andrew Goldsmith , (1990) ‘Taking Police Culture Seriously: Police Discretion and the Limits of Law’, 1, Policing and Society, 91–114.

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 119 *
Loading metrics...

Book summary page views

Total views: 194 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 24th July 2017. This data will be updated every 24 hours.