NCJ Number
31528
Journal
Judicature Volume: 59 Issue: 5 Dated: (DECEMBER 1975) Pages: 239-247
Date Published
1975
Length
9 pages
Annotation
WRITTEN BY AN AMERICAN JUDGE WHO VISITED CHINA IN ORDER TO STUDY THE CHINESE CRIMINAL JUSTICE SYSTEM, THIS PAPER DESCRIBES THE RED CHINESE COURT SYSTEM AND PHILOSOPHY ON CRIME, AND CONTRASTS THESE WITH THE AMERICAN SYSTEM.
Abstract
THE AUTHOR OBSERVES THAT THERE IS A VERY LOW LEVEL OF CRIMINAL BEHAVIOR IN THE PEOPLE'S REPUBLIC OF CHINA. MOST SOCIALLY DISAPPROVED BEHAVIOR IS DEALT WITH IN ACCORDANCE TO CHAIRMEN MAO TSE TUNG'S PHILOSOPHY ON THE 'CORRECT HANDLING OF CONTRADICTIONS AMONG THE PEOPLE' - IN THIS PHILOSOPHY, ALL CONTROVERSIES ARE DIVIDED INTO TWO CLASSES: THOSE BETWEEN THE PEOPLE AND THE ENEMIES OF SOCIAL RECONSTRUCTION, AND THOSE BETWEEN THE PEOPLE THEMSELVES. THE AUTHOR NOTES THAT, ACCORDINGLY, TWO DISTINCT PROCEDURAL PATTERNS ARE FOLLOWED IN THE ADMINISTRATION OF CRIMINAL JUSTICE. CONFLICTS INVOLVING 'THE ENEMIES OF THE PEOPLE' (WHICH ALSO INCLUDES SERIOUS CRIMES) INVOLVE 'FORMAL' PROCEEDINGS SOMEWHAT LIKE THE AMERICAN COURTS, THE GREAT MAJORITY OF CONFLICTS, HOWEVER, ARE HANDLED USING THE SECOND PROCEDURE. THIS INVOLVES VERY INFORMAL PROCEDURES WHICH UTILIZE CONCILIATION, MEDIATION, EDUCATION, CRITICISM AND SELF-CRITICISM. THE AUTHOR EXAMINES THE WORKINGS OF EACH OF THESE PROCEDURES. A DISCUSSION OF THE NATURE AND EXTENT OF A CRIME PROBLEM IN THIS SOCIALIST COUNTRY IS ALSO PROVIDED.