NCJ Number
165879
Journal
International Criminal Justice Review Volume: 6 Dated: (1996) Pages: 79-88
Date Published
1996
Length
10 pages
Annotation
This article provides an overview of China's new Prison Law, which involves a rethinking of China's punishment process.
Abstract
Under the Prison Law, which was enacted December 29, 1994, traditional Chinese perspectives have been combined with various Western correctional concepts to form a strong normative statement of penal reform. The Chinese have long held a philosophical attachment, grounded in Confucianism, to the reshaping of behavior through education and "patient persuasion." The new legislation, combined with this rehabilitative orientation, offers a framework for the building of a more humane correctional system that is "legalized, standardized and modernized" (Xiao, 1995). The legislation "provides in a legal form for the first time the relationship between the penalty enforcement organs and the investigative departments, procuratorates, and judiciary and their respective rights and obligations" (Xiao, 1995). Supervision now resides in the judicial administration department of the State Council, which oversees all prison work. The law also contains quasi-due process provision related to notice of incarceration and notice of death of an inmate. Prisoners' rights cumulatively form the largest portion of the new Prison Law. The substance of these rights can be grouped into the following subcategories: the right to appeal a sentence, labor rights, and personal and habitation rights. The effect of the new law will depend on whether its spirit can be put into actual practice and maintained in supplementary rules and regulations. Early indicators are encouraging. 14 footnotes and 34 references