NCJ Number
130470
Editor(s)
E M Wise
Date Published
1985
Length
173 pages
Annotation
After an introduction that outlines the history, organization, and contents of China's Criminal Procedure Code, this book presents an English translation of the code.
Abstract
This code, which was completed in 1979, has four major parts that address general provisions; case filing, investigation, and the institution of public prosecution; trial procedures; and execution procedures. A primary feature of Chinese criminal procedure is the use of trial committees and procuratorial committees which are uniquely Chinese socialist institutions. These committees act as the inner circle of the judiciary and procuratorates, which makes important decisions on matters related to the operation of the people's courts and the people's procuratorates. The code places a heavy burden of proof on accusers in criminal proceedings. A number of criminal procedures are designed to promote civil participation in the implementation of the socialist ideology and tasks of the Code of Criminal Procedure. The code provides for two administrative penalties: public security management and re-education through labor. The code does not provide adequate procedural remedies for persons given these sanctions. Documents related to the Code of Criminal Procedure are provided.