NCJ Number
100723
Date Published
1985
Length
339 pages
Annotation
This volume first reviews China's legal experience under Mao and then analyzes law reform under post-Mao leadership, the restructuring of the judicial system, criminal procedures, crime patterns, and sanctions.
Abstract
The review of criminal justice under Mao encompasses the integration of Chinese heritage and communist ideology, the development of the legal system from 1949 through 1976, and the characteristics of ''people's justice.' The discussion of law reform in the post-Mao era considers reasons leaders aimed at legal stability, the evolution of constitutional order, legislation, legal education and research, and reform within the parameters of socialist legality. Review of the restructuring of judicial institutions damaged by the cultural revolution considers reorganization and expansion of the court structure, restoration of the procuracy, revival of the Ministry of Justice, and reinstitution of the lawyer system. Also provided is a survey of the procedure for administering criminal justice, with attention to such issues as public trials, presumption of innocence, and equality before the law. Crime patterns, including juvenile delinquency and political offenses, are addressed, along with the nature of administrative and criminal sanctions. Relevant documents and chapter notes.