NCJ Number
84008
Journal
Journal of Criminal Law and Criminology Volume: 73 Issue: 1 Dated: (Spring 1982) Pages: 204-237
Date Published
1982
Length
34 pages
Annotation
An examination of post-Mao China's judicial system, pretrial and trial proceedings, right of defense, presumption of innocence, judicial independence, equality before the law, and appeal and review shows substantial improvement in the protection of the individual against arbitrary state power.
Abstract
In the few years since coming to power, the People's Republic of China's (PRC's) present elite has made conscientious and determined efforts to elevate the judicial model of law and to institute a more stable and equitable system of criminal justice. The presence of legal codes, the emphasis on evidence rather than confessions, and the deemphasis on class justice all appear to give the accused in criminal cases more meaningful opportunities for defense than in Mao's time. Still, on November 29, 1979, the Standing Committee of the National People's Congress adopted a resolution to revive a 1957 State Council decision on 'Reeducation and Rehabilitation through Labor,' which permits administrative agencies to confine without trial a wide range of offenders to labor camps for 1 to 4 years. Reports indicate that PRC authorities have used this administrative measure to detain in rural labor camps thousands of people, from dissidents of vagrants to those unemployed. Also, in an effort to counter incidents of social and political unrest, PRC authorities have tightened controls over political and cultural life and threatened to crush antigovernment demonstrations and other 'illegal' activities. These types of activities cause many to wonder whether the pendulum may not swing back to more repressive measures as the state perceives that individual rights may be used to challenge state policy and practices. A total of 192 footnotes are listed. (Author summary modified)