Format:
Online-Ressource (XIX, 192 p. 3 illus., 2 illus. in color, online resource)
ISBN:
9783642540417
Series Statement:
SpringerLink
Content:
This book studies the organizational influences on judicial discretion within Adjudicative Committee (AC) proceedings in China. It argues that institutional reforms and practice have mainly reduced judicial discretion within AC proceedings through the rationalization of organizational processes. This central argument will be of particular interest to the readers, as previous studies offer little insight into the overall impacts of judicial institution reforms. This book is the first that uses the bounded rationality theory developed in economics and related disciplines to formulate an analytic framework for a systematic and comprehensive examination of the impacts of organizational factors on discretion within Adjudicative Committees decision-making processes. Readers will gain a practical and fresh understanding of the Chinese judicial reforms.
Note:
Description based upon print version of record
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Foreword; Preface; Contents; Abbreviations; Chapter 1: Introduction; 1.1 Adjudicative Committee; 1.2 Debate and Reform; 1.2.1 Debate over the Adjudicative Function of ACs; 1.2.2 The Relationship Between Judicial Independence and Accountability; 1.2.3 Institutional Reforms of ACs; 1.3 Analytic Framework: Understanding Discretion from Bounded Rationality; 1.3.1 Discretion: Perspective from Law; 1.3.2 Discretion: Perspective from Organizational Studies; 1.3.3 Understanding Discretion from Bounded Rationality; 1.4 Methodology; 1.4.1 In-Depth Interviews; 1.4.2 Case Studies; 1.5 Structure of Book
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ReferencesChapter 2: The Organization of the Court; 2.1 Court President ( Yuanzhang): High-Level Link to Outside Resources; 2.1.1 Function of Court President I: High-Level Link to the Masses; 2.1.2 Function of Court President II: High-Level Link to the Party; 2.1.3 Conclusion; 2.2 Chief Judge ( Tingzhang): Middle-Line Managers; 2.2.1 Judicial Control I: Participating in Trials; 2.2.2 Judicial Control II: Presiding over Presiding Judge Joint Meetings; 2.2.3 Judicial Control III: Signing and Issuing Judicial Decisions; 2.2.4 Conclusion
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2.3 Presiding Judge ( Shenpanzhang): New Wine in an Old Bottle2.3.1 Formalization of Roles; 2.3.2 Formalization of Authority Relations; 2.3.3 Formalization of Sanctions; 2.3.4 Conclusion; 2.4 Responsible Judge ( Chengban Faguan): First-Line Worker; 2.5 Conclusion; References; Chapter 3: Committee Goal; 3.1 Goals, Ambiguity, and Discretion; 3.1.1 Rationality, Goals, and Decision-Making; 3.1.2 Ambiguity and Discretion; 3.2 Goals of the AC; 3.2.1 Judges and Their Goals; 3.2.2 Concept of Organizational Goals; 3.2.3 Goals of the ACs; 3.2.3.1 Adjudicative Committee Goal 1: Harmony (Hexie)
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3.2.3.2 Adjudicative Committee Goal 2: Justice3.3 Harmony and Justice: Rationality Analysis; 3.4 Conclusion; References; Chapter 4: Information Processing; 4.1 Information Constraints and Discretion; 4.2 Information and Judicial Decision-Making; 4.3 AC Communication; 4.4 Standing Units; 4.5 Reports and Records; 4.6 Speech Order; 4.7 Workload; 4.8 Conclusion; References; Chapter 5: Committee Composition; 5.1 Multiple Decision Makers and Discretion; 5.2 Hierarchical Position; 5.3 Knowledge; 5.4 Participation of the Procurator-General; 5.5 Conclusion; References; Chapter 6: Committee Procedure
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6.1 Discretion and Process6.2 General Legal Criteria; 6.3 Criminal Cases; 6.3.1 Capital Cases; 6.3.1.1 "Extremely Serious Crimes" and Sentence Ranges; 6.3.1.2 Execution Policies and Capital Case Review; 6.3.2 Innocent Cases in Accordance with the Proviso of Article 13; 6.3.2.1 The Proviso of Article 13; 6.3.2.2 Self-Restraint Constraints; 6.3.2.3 Intra-institutional Constraints; 6.3.3 Mitigated Cases; 6.3.4 Summary; 6.4 Civil and Administrative Cases; 6.4.1 New-Type Cases; 6.4.2 Group Action Cases (Quntixing Anjian); 6.4.2.1 Expropriation Cases; 6.4.2.2 Layoff Cases; 6.4.2.3 House-Owner Cases
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6.4.2.4 Early Warning System
Additional Edition:
ISBN 9783642540400
Additional Edition:
Druckausg. Li, Li Judicial discretion within adjudicative committee proceedings in China Heidelberg : Springer, 2014 ISBN 3642540406
Additional Edition:
ISBN 9783642540400
Language:
English
Keywords:
China
;
Richter
;
Ermessen
DOI:
10.1007/978-3-642-54041-7
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