BASIC DIRECTIONS OF CRIMINAL POLICY IN THE PEOPLE'S REPUBLIC OF CHINA (FROM ARCHIVES DE POLITIQUE CRIMINELLE, V 2, 1977)

• NCJ Number: 60180
• Author(s): T H TSIEN
• Date Published: 1977
• Length: 22 pages
• Corporate Author: Editions A Pedone
• Publication Format: Document
• Language: French
• Country: France
• Note: LECTURE GIVEN AT THE CENTRE DE RECHERCHES DE POLITIQUE CRIMINELLE, PARIS, FRANCE, JUNE 29, 1976

Annotation

THE BASIC CRIMINAL POLICY OF THE PEOPLE'S REPUBLIC OF CHINA SINCE THE CULTURAL REVOLUTION IS OUTLINED ON THE BASIS OF INFORMATION GATHERED ON STUDY TOURS IN 1972 AND 1975.

Abstract

NEW CHINESE LAW REJECTS TRADITIONAL JURISPRUDENCE IN FAVOR OF THE PRINCIPLES OF MARXISM-LENINISM; I.E., THE DICTATORSHIP OF THE PROLETARIAT, THE CLASS STRUGGLE, AND THE THEORY OF CONTRADICTIONS. METHODS FOR ESTABLISHING CRIMINAL INTENT AND THE OPINION OF THE MASSES ('LA LIGNE DE MASSE') AS WELL AS INQUIRY AND RESEARCH AT THE LOCAL POLICE LEVEL. CRIME PREVENTION REQUIRES ATTENTON TO TACTICS, DEFINITE AND JUST PENALTIES, PRECISE INDICTMENTS, AND SEVERE PUNISHMENTS WHEN THEY ARE DESERVED. THE JUDICIARY SYSTEM CONSISTS OF COURTS OF THE PEOPLE (LOWER, MIDDLE, SUPERIOR) AND SPECIAL COURTS (MILITARY, RAILWAY, AND MARITIME COURTS), EACH WITH CRIMINAL AND CIVIL BRANCHES; AND OF JUDGES OF THE PEOPLE, THEORETICALLY FROM THE MASSES BUT ACTUALLY TRAINED JURISTS WHO ARE APPOINTED BY THE PERMANENT COMMITTEE OF THE POPULAR ASSEMBLY. GENERAL PRINCIPLES OF LAW AND PROCEDURE INCLUDE INDEPENDENT FUNCTION OF THE POPULAR COURTS, LEGALITY IN INQUIRIES AS WELL AS IN JUDGMENTS AND THEIR EXECUTION, PUBLICATION OF JUDGMENTS AND SENTENCES, AND JOINT DECISIONS BY A THREE-JUDGE COLLEGE. PENALTIES CAN BE REPRESSIVE, EDUCATIVE, DISSUASIVE, OR PROTECTIVE; IMPRISONMENT INVOLVES BOTH MANUAL LABOR AND INTENSIVE POLITICAL EDUCATION. SENTENCES RANGE FROM SUPERVISED PROBATION TO THE DEATH SENTENCE, WHICH IS PRONOUNCED ONLY FOR MURDER OR ATTEMPTED MURDER MOTIVATED BY CLASS HATRED FOR PARTICULARLY CRUEL ACTS OF VIOLENCE. IN ALL PROCEEDINGS THE ACCUSED IS ENTITLED TO DEFENSE BY FAMILY OR FRIENDS, BUT THERE ARE NO LONGER PROFESSIONAL LAWYERS. APPEALS OF A JUDGMENT TO SUPERIOR COURTS OR PROTESTATIONS OF PROCEDURES ARE PERMITTED. THE CRIMINAL POLICY OF CHINA ASSUMES THAT DELINQUENCY IS A PRODUCT OF SOCIETY, THAT EDUCATION IS THE BEST MEANS OF CRIME PREVENTION AND TREATMENT, THAT THE OPINION OF THE MASSES ('LA LIGNE DE MASSE') IS A BASIC DEMOCRATIC PRINCIPLE, AND THAT POLITICAL POLICY MAY BE A COMBINATON OF ELEMENTS, AS NO MIRACLE SOLUTION IS POSSIBLE. NOTES ARE SUPPLIED.--IN FRENCH. (KMD)