NCJ Number
167417
Journal
British Journal of Criminology Volume: 36 Issue: 4 Dated: (Autumn 1996) Pages: 472-497
Date Published
1996
Length
26 pages
Annotation
Throughout the history of the People's Republic of China, the criminal process and administrative sanctions have been viewed as a medium for the exercise of coercive state power against those who undermine the existing political order, and Chinese socialist political ideology has consistently justified this position.
Abstract
Dangerousness is a concept informed by political considerations necessary to maintain order in a one-party socialist state and forms an element of both criminality and sentencing in China. Dangerousness to society is an explicit component of liability under Chinese criminal law and liability for administrative punishment and is also a major factor in determining sentences. The Chinese system's preoccupation with dangerousness to society is further demonstrated by the use of regular anti-crime campaigns that target activities viewed as particularly dangerous to society at a given time. While the concept of individual dangerousness is not codified, Chinese scholars have recently argued it is an implicit element in determining the appropriate sentence for individual offenders. Individual dangerousness is also an important factor in deciding whether to commit a person to such administrative sanctions as re-education through labor or forced job placement. The concept of dangerousness additionally plays a role in differentiating between various categories of incarcerated persons and their treatment. Prisons and remote labor camps are thus reserved for counter-revolutionaries, prisoners serving at least 10-year sentences or with knowledge of state secrets, recidivists, and those who resist reform. The treatment of individual prisoners and detainees depends on perceived levels of dangerousness they pose to society and each other. 49 references and 104 footnotes