NCJ Number
44308
Journal
Journal of Criminal Law and Criminology Volume: 68 Issue: 3 Dated: (SETPEMBER 1977) Pages: 323-355
Date Published
1977
Length
33 pages
Annotation
THE HISTORY OF CRIMINAL JUSTICE ADMINISTRATION IN CHINA BEFORE AND AFTER THE COMMUNIST REVOLUTION IS TRACED, WITH EMPHASIS ON CHARACTERISTICS OF THE CHINESE CRIMINAL PROCESS AS IT DEVELOPED BETWEEN 1949 AND 1977.
Abstract
DESPITE TOURISTS' IMPRESSIONS TO THE CONTRARY, CRIME REMAINS AN IMPORTANT PROBLEM IN CHINA. CHINESE OFFICIALS FREQUENTLY STATE THAT ONLY 5 PERCENT OF THE POPULACE CONSISTS OF CLASS ENEMIES WHO ARE HOSTILE TO THE GOVERNMENT. IT IS POSSIBLE, HOWEVER, THAT THE 5-PERCENT FIGURE REFERS TO ALL PERSONS WHO ARE UNDER SOME FORM OF RESTRAINT OR SURVEILLANCE BY THE PUBLIC SECURITY SYSTEM AND THE MASSES. WHETHER CRIMINAL OR NONCRIMINAL, 5 PERCENT OF OVER 900 MILLION PEOPLE IS 45 MILLION, A POPULATION ROUGHLY EQUAL TO THAT OF A WEST EUROPEAN COUNTRY. DESPITE CHINA'S HUGE POPULATION, THE PERSONNEL AND FINANCIAL RESOURCES AVAILABLE TO THE CRIMINAL PROCESS ARE LIMITED. THE STATE'S BURDEN IS SHARED BY CONSIGNING THE HANDLING OF MANY ANTISOCIAL ACTS TO PERSONS OTHER THAN OFFICIALS. TIMING, I.E., PREVAILING PARTY POLICY, IS ONE OF THE MOST CRUCIAL FACTORS IN DETERMINING WHETHER AN OFFENDER WILL BE PUNISHED. IN THE ABSENCE OF A POLITICAL MOVEMENT, THE POLICE GENERALLY DETERMINE WHETHER AN OFFENDER IS TO BE CONSIGNED TO THE FORMAL CRIMINAL PROCESS. THE CHINESE CRIMINAL PROCESS IS DESCRIBED AS ESSENTIALLY A SECRET, INQUISITORIAL, ADMINISTRATIVE UNDERTAKING IN WHICH THE POLICE EXERCISE A VAST AMOUNT OF DISCRETION AND THE CONCEPT OF PLEA BARGAINING PER SE IS UNKNOWN. TO DIFFERENTIATE THEIR DEATH PENALTY FROM THAT OF PREREVOLUTIONARY EXPLOITERS AND TO REDUCE THE FREQUENCY OF ITS APPLICATION, THE CHINESE COMMUNISTS HAVE INTRODUCED THE INNOVATION OF THE SUSPENDED DEATH SENTENCE. IF THE CONDEMNED DEMONSTRATES THROUGH HIS LABOR OVER A 2-YEAR PERIOD THAT HE HAS REPENTED AND REFORMED, HIS SENTENCE IS COMMUTED TO LIFE OR LONG-TERM IMPRISONMENT; OTHERWISE, HE IS EXECUTED. THE SENTENCING DISCRETION OF CHINESE COURTS, LIKE POLICE DISCRETION TO INITIATE PROSECUTION, IS VERY BROAD. PUBLIC SECURITY FORCES AND COURTS JOINTLY EXERCISE THE POWER TO EXTEND SENTENCES OF PRISONERS. THERE ARE STRIKING SIMILARITIES BETWEEN COMMUNIST CHINA AND THE REPUBLIC OF CHINA ON TAIWAN WITH REGARD TO DISPENSATION OF SEVERE SANCTIONS. OVERALL, THE CONTINUITY BETWEEN THE CRIMINAL PROCESS IN THE PEOPLE'S REPUBLIC AND CHINA'S IMPERIAL TRADITION IS STRIKING. IT IS PREDICTED THAT THE DRIVE FOR MODERNIZATION IN MAINLAND CHINA AS WELL AS ON TAIWAN WILL STIMULATE CONTINUING PRESSURE TO REDUCE THE SCOPE OF ARBITRARY STATE POWER OVER THE CRIMINAL PROCESS.