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Chapter Summary

This book explores some of the manifold ways in which the personal and procedural rights of the individual can be suspended. It illustrates how arbitrary detention can gain a place of its own next to the criminal justice system, thus becoming embedded in China's legal order. This book attempts to shed light on this complex dynamic, advancing the argument that a reconceptualization of the criminal justice system of the People's Republic of China (PRC) is necessary. While this area of Chinese law slowly moves toward a thin version of the rule of law, it still features elements in sharp contrast with the trends toward regularization, standardization, and greater procedural fairness found elsewhere in the legal system. The criminal justice system displays a combination of elements of formality and elements of informality to a greater extent than other areas of the law.

Keywords: arbitrary detention; china's legal order; Chinese law; criminal justice system; People's Republic of China (PRC)



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