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Author Jiang, Na.

Title China and international human rights : harsh punishments in the context of the International Covenant on Civil and Political Rights / Na Jiang
Published Berlin : Springer, 2014
Table of Contents
1.A General Theory on International Human Rights Standards1
1.1.Sources of the Law2
1.1.1.The Quasi-legislative Process3
1.1.2.The Interpretation of Human Rights Standards4
1.2.Supervising the Law8
1.2.1.International Implementation8
1.2.2.National Implementation25
1.3.Enforcement of the Law26
1.3.1.International Enforcement26
1.3.2.National Enforcement28
2.China's Cooperation (with the International Human Rights System)33
2.3.Recent Developments39
2.3.1.China's Position40
2.3.2.The EU-China Dialogue41
2.3.3.The US-China Dialogue50
2.3.4.UN High-Level Visits to China52
2.3.5.China as a Member of the UNHRC54
2.4.Concluding Remarks55
3.The Death Penalty and International Human Rights Law57
3.2.The ICCPR60
3.2.1.The Right to Life61
3.2.2.Capital Punishment63
3.3.Optional Protocols79
3.4.The CAT80
3.5.The CRC88
3.6.The CERD92
3.7.Regional Human Rights Standards92
3.7.1.The ECHR92
3.7.2.The ECHR-PN693
3.7.3.The ECHR-PN1394
3.7.4.The ACHR94
3.7.5.The ACHR-P-DP96
3.7.6.The ACHPR97
3.7.7.The African Charter on the Rights and Welfare of the Child (ACRWC)98
3.7.8.The Arab Charter on Human Rights (ACharter)98
3.8.The GC3, GC4, PA1 and PA299
3.8.1.The GC399
3.8.2.The GC4100
3.8.3.The PA1101
3.8.4.The PA2102
3.9.Customary International Law102
3.9.1.Substantive Limits to Capitally Punishable Offences103
3.9.2.Procedural Restrictions on Its Imposition108
3.9.3.The Exemptions of Certain Categories of Persons114
4.The Death Penalty: China's Practice and Policy119
4.2.1.The 1982 Constitution123
4.2.2.Substantive Criminal Legislation on the Death Penalty125
4.2.3.Procedural Criminal Legislation on the Death Penalty132
4.3.Judicial Practice155
4.3.1.The Applicable Scope157
4.3.2.Other Substantive Issues160
4.3.3.Ordinary Procedures for Death Sentences160
4.3.4.Procedure for Review of Death Sentences163
4.3.5.Procedure for Trial Supervision164
4.3.6.The Judicial Situation of Procedural Rights166
5.Forced Labour and International Human Rights Law187
5.2.The ICCPR189
5.2.1.The Scope of Prohibition of Forced Labour189
5.2.2.Other Relevant Provisions194
5.3.The UDHR195
5.4.The ICESCR196
5.5.The CMW197
5.6.The CRC198
5.7.The CAT199
5.8.Subsidiary Instruments200
5.8.1.The CLN200
5.8.2.The SSFL201
5.8.3.The ILO29201
5.8.4.The ILO100203
5.8.5.The ILO105203
5.8.6.The ILO122204
5.8.7.The ILO182204
5.9.Regional Human Rights Law205
5.9.1.The ECHR205
5.9.2.The ESC208
5.9.3.The ADRDM209
5.9.4.The ACHR210
5.9.5.The ACHPR211
5.10.Possible Customary International Law Concerned212
6.Forced Labour: China's Policy and Practice215
6.2.The Chinese Policy of Forced Labour216
6.2.1.Official Opinions on RTL and RETL217
6.2.2.The Controversy on Both RTL and RETL219
6.3.The Practice222
6.3.1.The Common Constitutional Basis in Legal Practice222
6.3.2.Practices of RTL225
6.3.3.Practices of RETL230
6.3.4.Reform Measures239
7.Next Steps: China's Human Rights Strategy249
7.1.China's Human Rights Strategy: Obstacles and Prospects249
7.1.1.China's Inadequate Response to Human Rights Abuses249
7.1.2.Prospects for Reform: Better Enforcement of Rights252
7.1.3.Preparing for Ratification of the ICCPR: Filling the Gaps256
7.2.Possible Participation in International Human Rights Treaties259
7.2.1.Improving Human Rights Education259
7.2.2.Promoting Human Rights Research262
7.2.3.Increasing Human Rights Measures265
8.1.Assessment of Current Approach to This Research: Advantages and Disadvantages271
8.2.China and International Community: Towards Better Understanding and Dialogue276
8.2.1.Towards Better Understanding Between Them276
8.2.2.Towards Stronger Dialogue Between Them279
 About the Author325
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Description 1 online resource
Contents Introduction -- A general theory on international human rights standards -- China's cooperation (With the international human rights system) -- The death penalty and international human rights law -- The death penalty: china's practice and policy -- Forced labor and international human rights law -- Forced labor: china's policy and practice -- Next steps: china's human rights strategy -- Conclusion -- Appendix
Summary This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China's participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China's international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China's criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China's progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture
Bibliography Includes bibliographical references
Subject Human rights -- China.
International law and human rights.
Criminal law.
Form Electronic book
ISBN 3642449018
3642449026 (electronic bk.)
9783642449024 (electronic bk.)