NCJ Number
44310
Journal
Journal of Criminal Law and Criminology Volume: 68 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 374-398
Date Published
1977
Length
25 pages
Annotation
THE TYPES OF ANTISOCIAL ACTS CONSIDERED CRIMINAL IN THE PEOPLE'S REPUBLIC OF CHINA AND THE TYPES OF SANCTIONS IMPOSED ON OFFENDERS ARE EXAMINED.
Abstract
THE ANALYSIS IS BASED ON A REVIEW OF POST-1966 DOCUMENTS FROM YUNNAN PROVINCE IN SOUTHWESTERN CHINA. THE DOCUMENTS INCLUDE COURT JUDGMENTS, DECISIONS RENDERED BY THE PEOPLE'S LIBERATION ARMY, REPORTS ON CRIMES ISSUED BY LOCAL REVOLUTIONARY COMMITTEES OR PUBLIC SECURITY ORGANS, AND OTHERS. THE DISCUSSION ALSO DRAWS ON INFORMATION OBTAINED FROM VISITORS TO CHINA, FROM FORMER RESIDENTS OF CHINA, AND FROM OTHER SOURCES. EVIDENCE SUGGESTS THAT CRIME REMAINS A SERIOUS SOCIAL PROBLEM IN CHINA. MURDER, RAPE, ROBBERY, BRIBERY, THEFT, BLACK MARKETEERING, SPECULATION, FAKING OF OFFICIAL SEALS OR DOCUMENTS, ILLEGAL SELLING OF FOOD OR CLOTH COUPONS, ADULTERY, AND COUNTERREVOLUTIONARY ACTIVITIES ARE AMONG THE OFFENSES WITH WHICH CHINA APPARENTLY STILL MUST DEAL. JUVENILE OFFENDERS APPEAR TO POSE A PARTICULAR PROBLEM. A TABULAR SUMMARY OF THE FACTS, CHARGES, AND SANCTIONS IN SELECTED CASES DRAWN FROM YUNNAN PROVINCE DOCUMENTS REVEALS THAT, WITH THE EXCEPTION OF COUNTERREVOLUTIONARY CHARGES, CRIMINAL PROCEDURES ARE NOT GOVERNED BY PUBLISHED STATUTES. THE CASE SUMMARIES REVEAL THE FOLLOWING TYPES OF PUNISHMENT: CRIMINAL PENALTY EXEMPTED; CRIMINAL PENALTY EXEMPTED BUT OFFENDER SUBJECTED TO CRITICISM AND EDUCATION BY THE MASSES; SUSPENSION OF SENTENCE; CONTROL (THE IMPOSITION OF CERTAIN RESTRAINTS SHORT OF CUSTODY); CONTROL PLUS CERTAIN WORK AND STUDY REQUIREMENTS; IMPRISONMENT FOR A FIXED TERM; LIFE IMPRISONMENT; AND IMMEDIATE AND SUSPENDED DEATH PENALTIES. THE IMPOSITION OF CRIMINAL PUNISHMENT IN CHINA APPARENTLY RELIES ON VAGUE TERMINOLOGY, GENERAL PARTY POLICY, AND UNPUBLISHED REGULATIONS -- ALL FACTORS ALLOWING FLEXIBILITY OF INTERPRETATION AT THE DISCRETION OF LAW ENFORCEMENT AGENCIES. THE FLEXIBILITY IN THE ABSENCE OF A CRIMINAL CODE MAY REFLECT THE TENETS OF THE COMMUNIST THEORY OF LAW AND THE MAOIST VIEW OF PERMANENT REVOLUTION. TRANSLATIONS OF FOUR YUNNAN PROVINCE DOCUMENTS ARE INCLUDED.