ABSTRACT

The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.

chapter 1|20 pages

Deprivation of liberty under scrutiny 1

ByElisa Nesossi, Sarah Biddulph, Flora Sapio, Susan Trevaskes

part I|56 pages

Administrative detention

chapter 2|21 pages

What to make of the abolition of re-education through labour? 1

BySarah Biddulph

chapter 3|19 pages

China's socialisation of administrative offenders in the community

An unrealistic agenda?
ByEnshen Li

part II|54 pages

Criminal justice reforms and deprivation of liberty

chapter 5|17 pages

Residential surveillance

Evolution of a Janus-faced measure
ByJoshua Rosenzweig

chapter 6|17 pages

China's pre-trial detention centres

Challenges and opportunities for reform
ByLei Cheng, Elisa Nesossi

chapter 7|19 pages

Addressing the ‘hide and seek’ scandal

Restoring the legitimacy of kanshousuo
ByNicola Macbean

part III|40 pages

An assessment of the field

chapter 8|13 pages

Framing imprisonment studies in China

Ideology, law and politics
ByElisa Nesossi, Susan Trevaskes

chapter 9|17 pages

Western analyses of deprivation of liberty in China

ByFlora Sapio

chapter 10|9 pages

Opportunities and challenges for legislative and institutional reform of detention in China

ByElisa Nesossi, Sarah Biddulph, Flora Sapio, Susan Trevaskes