Abstract
The arbitrary detention through coercive administrative measures in the past years is widely regarded as a major source of undermining the justice of law in China. Based on examining the deficiencies of Chinese administrative justice system, it explores the likelihood of community corrections in treating minor offenders in lieu of existing administrative detentions. Further, it concludes that a Chinese community correction system in the context of legal culture can be gradually shaped, leading to a radically social transformation, and ultimately producing a significant effect on the improvement of the rights of offenders who are accused of committing administrative misbehaviors.
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Enshen Li, Ph.D in law (La Trobe University), is a tutor at School of law, La Trobe University of Australia. His research focuses on Chinese criminal justice system and custodial administrative measures. His main publications include Prisonization or Socialization? Social Factors Associated with Chinese Administrative Offences (2010), Miscarriage of Justice in Chinese Pre-Trial Process: Authorities vs. Suspects (2010).
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Li, E. Chinese administrative justice system: Its malpractice and possible reform. Front. Law China 5, 548–579 (2010). https://doi.org/10.1007/s11463-010-0111-3
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DOI: https://doi.org/10.1007/s11463-010-0111-3