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Criminal Law

Dispute resolution

1969

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Form And Function In The Chinese Criminal Process, Stanley B. Lubman Jan 1969

Form And Function In The Chinese Criminal Process, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This article considers some of the formidable intellectual problems involved in studying the Chinese criminal process. Much can be learned about another country by studying its legal institutions; a study of sanctioning institutions promises insight into a society's view of order, deviance, individual rights, and the allocation and application of punishment. But how can foreign institutions most perceptively be studied? Only rather recently has analysis of the American criminal process become notably more sophisticated. Our own inexperience coupled with China's alienness and the lack of accurate information threaten to impede perceptive studies of Chinese institutions. But the problem is pressing …