Sovereign Power and the Law in China
Zones of Exception in the Criminal Justice System
Biographical note
Flora Sapio, Ph.D. (2004) in Contemporary China Studies, University La Sapienza of Rome, is a lecturer in social and juridical institutions of the Far East at the Università degli Studi di Napoli “L’Orientale”, Italy. She publishes on crime and criminal justice.
Readership
China scholars, China legal scholars, political scientists, legal scholars, sociologists of law, legal philosophers, political philosophers, policy-makers, NGOs.
Table of contents
Chapter 1. Introduction
1.1Paradoxes
1.2The objective of this book
1.3 Concerns
1.4 Haunting questions
1.5 Conceptual gaps
1.6 The State of Exception
1.7 Beyond liberal democracy
1.7.1 Bare life
1.7.2 The zone of exception
1.8 Legal exceptionalism
1.9 Structure and method
Part One. The Force of a Forceless Law
Chapter 2. Legal Nihilism—State of Exception
2.1 Anomie
2.2 Exceptions in China’s constitutional law: Martial law and emergency powers
2.2.1 Martial law powers
2.2.2 Emergency powers
2.3 Exceptions in China’s criminal law
2.4 “Evil cults”
2.4.1 Religious groups and the law
2.4.2 The Falungong and article 300
2.4.3 Is meditation a crime?
2.4.4 The 6-10 office
2.5 Conclusion
Chapter 3. Shuanggui
3.1 The CCP’s regulatory powers
3.1.1 Jurisdiction
3.1.2 A parallel “criminal code”
3.2 Investigative and detention powers
3.2.1 Historical antecedents
3.2.2 From summons to investigative detention
3.2.3 From investigative detention to shuanggui
3.3 Why shuanggui?
3.4 Enforcing shuanggui
3.4.1 Harsh interrogation techniques
3.4.2 Psychological manipulation
3.5 Conclusion
Chapter 4. Stop-and-Question
4.1 Precursors of criminal behavior?
4.2 Stop-and-question
4.3 The difference between stop-and-question and summons
4.4 Problems and abuses
4.5 Disposable beings
4.6 Reforming stop-and-question?
4.7 Conclusion
Part Two. Exceptions in Everyday Spaces
Chapter 5. Para-police forces
5.1 The birth and revival of para-police forces
5.2 Legal mechanisms
5.3 Public order joint defense teams
5.3.1 Powers
5.3.2 Composition, organizational structure, and relationship with the regular police force
5.4 Private security companies
5.4.1 Typology, relationship with the regular police force, and composition
5.4.2 Enhancing police control
5.5 Urban management officials
5.5.1 Legalizing inspection teams
5.5.2 Administrative law enforcement departments
5.6 Urban divides
Chapter 6. The Camp
6.1 The evolving legal regime 1990–2008
6.2 The roots
6.3 Birth of the camp
6.4 Rebirth of the camp
6.5 Compulsory rehabilitation and RETL
6.6 Commitment to health recovery centers
6.7 Conclusion
Chapter 7. Coercive Interrogation
7.1 The transformation to bare life
7.2 The PRC media and torture
7.2.1 Torture in the press
7.2.2 Torture on the internet
7.3 Lifting pain out of the body
7.4 Posthumous rehabilitation
7.5 Episodes of ordinary violence
7.6 Friends and enemies
7.7 Reform?
7.8 Conclusion
Chapter 8. Conclusion
8.1 Mapping exceptions
8.2 Resilience
8.3 Dual structures
8.4 Modes of exception
8.5 Modes of bare life
8.5 The power and limitations of grand theory
List of legal documents
List of references
Index
1.1Paradoxes
1.2The objective of this book
1.3 Concerns
1.4 Haunting questions
1.5 Conceptual gaps
1.6 The State of Exception
1.7 Beyond liberal democracy
1.7.1 Bare life
1.7.2 The zone of exception
1.8 Legal exceptionalism
1.9 Structure and method
Part One. The Force of a Forceless Law
Chapter 2. Legal Nihilism—State of Exception
2.1 Anomie
2.2 Exceptions in China’s constitutional law: Martial law and emergency powers
2.2.1 Martial law powers
2.2.2 Emergency powers
2.3 Exceptions in China’s criminal law
2.4 “Evil cults”
2.4.1 Religious groups and the law
2.4.2 The Falungong and article 300
2.4.3 Is meditation a crime?
2.4.4 The 6-10 office
2.5 Conclusion
Chapter 3. Shuanggui
3.1 The CCP’s regulatory powers
3.1.1 Jurisdiction
3.1.2 A parallel “criminal code”
3.2 Investigative and detention powers
3.2.1 Historical antecedents
3.2.2 From summons to investigative detention
3.2.3 From investigative detention to shuanggui
3.3 Why shuanggui?
3.4 Enforcing shuanggui
3.4.1 Harsh interrogation techniques
3.4.2 Psychological manipulation
3.5 Conclusion
Chapter 4. Stop-and-Question
4.1 Precursors of criminal behavior?
4.2 Stop-and-question
4.3 The difference between stop-and-question and summons
4.4 Problems and abuses
4.5 Disposable beings
4.6 Reforming stop-and-question?
4.7 Conclusion
Part Two. Exceptions in Everyday Spaces
Chapter 5. Para-police forces
5.1 The birth and revival of para-police forces
5.2 Legal mechanisms
5.3 Public order joint defense teams
5.3.1 Powers
5.3.2 Composition, organizational structure, and relationship with the regular police force
5.4 Private security companies
5.4.1 Typology, relationship with the regular police force, and composition
5.4.2 Enhancing police control
5.5 Urban management officials
5.5.1 Legalizing inspection teams
5.5.2 Administrative law enforcement departments
5.6 Urban divides
Chapter 6. The Camp
6.1 The evolving legal regime 1990–2008
6.2 The roots
6.3 Birth of the camp
6.4 Rebirth of the camp
6.5 Compulsory rehabilitation and RETL
6.6 Commitment to health recovery centers
6.7 Conclusion
Chapter 7. Coercive Interrogation
7.1 The transformation to bare life
7.2 The PRC media and torture
7.2.1 Torture in the press
7.2.2 Torture on the internet
7.3 Lifting pain out of the body
7.4 Posthumous rehabilitation
7.5 Episodes of ordinary violence
7.6 Friends and enemies
7.7 Reform?
7.8 Conclusion
Chapter 8. Conclusion
8.1 Mapping exceptions
8.2 Resilience
8.3 Dual structures
8.4 Modes of exception
8.5 Modes of bare life
8.5 The power and limitations of grand theory
List of legal documents
List of references
Index
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