NCJ Number
130469
Editor(s)
J Delaney
Date Published
1982
Length
87 pages
Annotation
After an introduction that outlines the history, organization, and contents of China's Criminal Code, this book presents an English translation of the code.
Abstract
The 1980 Penal Code has a total of 192 articles divided into two parts: the general and specific provisions. Part One deals with the fundamental principles of Chinese criminal law; Part Two defines more than 100 crimes, prescribes their penalties, and sets the range of discretion allowed in sentencing. Article 2 states that the purpose of the Penal Code is "to combat all counterrevolutionary and other crimes by inflicting punishment, thus defending the dictatorship of the proletariat, protecting socialist property of all the people and the property collectively owned by the working masses, protecting legitimate property privately owned by the citizens, protecting citizen's right of person, democratic rights and other rights, maintaining social order, order in production, order in work, order in education and scientific research, order in the life of the masses and guaranteeing the smooth progress of the socialist revolution and socialist construction." The most important element of crime under the code is an act that endangers the State and society. Criminal liability is established by a person knowingly effectuating the elements of a crime or by a person who fails to prevent the danger from arising due to negligence.