NCJ Number
44677
Journal
Contemporary Crises Volume: 1 Issue: 2 Dated: (APRIL 1977) Pages: 127-162
Date Published
1977
Length
36 pages
Annotation
THE JUSTICE SYSTEM OF THE PEOPLE'S REPUBLIC OF CHINA IS EXAMINED IN PRIMARILY POLITICAL TERMS, RATHER THAN THROUGH A STUDY OF LEGAL CODES.
Abstract
CHINESE JUSTICE HAS NOT DEVELOPED WITH A STEADY EXPANSION OF LAW CODES AND LEGAL BUREAUCRACIES. THE SEEMING CONFUSIONS AND CONTRADICTIONS OF CHINESE JUSTICE ARE DUE PARTLY TO ITS CENTURIES OF LEGAL TRADITIONS, BUT MORE IMMEDIATELY TO A CONFLICT OUTSIDE JUSTICE -- THAT OF TWO ANTAGONISTS VYING FOR CONTROL OF THE NATION'S POLITICAL ECONOMY. THE CONFLICT IS BETWEEN THE ETHIC OF SOCIAL REVOLUTION AND THE ETHIC OF BUREAUCRATIC CENTRALIZATION. THE RADICAL SUPPORTERS OF THE FORMER HAVE CREATED AND DEFENDED A POPULAR JUSTICE SYSTEM OPERATED BY THE MASS ORGANIZATIONS AND EXPLICITY COMMITTED TO SOCIAL REFORM. THE ADVOCATES OF THE MORE CONSERVATIVE BUREAUCRATIC ETHIC HAVE ESTABLISHED AND MAINTAINED A MORE REGULAR SET OF JUSTICE BUREAUCRACIES GUIDED BY LAW AND ROUTINE PROCEDURES AND LESS CONCERNED WITH ONGOING SOCIAL CHANGE. THE TWO SYSTEMS COOPERATE IN MATTERS OF ROUTINE PEACEKEEPING, BUT CONFLICT IN TIMES OF POLITICAL CRISES. THE BUREAUCRATIC JUSTICE IDEOLOGY LEGITIMATES AND PROTECTS EXISTING SOCIAL RELATIONS AND REGULATES SOCIAL ACTION; LAW SACRIFICES SOCIAL CHANGES TO SOCIAL DISCIPLINE AND ECONOMIC STABILITY. THE CONFLICTING POPULAR JUSTICE PHILOSOPHY CALLS FOR THE LEVELING OF SOCIAL AND ECONOMIC PRIVILEGES AND COMMUNITY SELF-EDUCATION AND ACTIVISM. IT IS THE MASS ORGANIZATIONS WHICH PROVIDE THE POLITICAL BASE FOR POPULAR JUSTICE. THEY ARE HESITANT TO FINALIZE, IN A SET OF CODIFIED LAWS, THE STILL UNEQUAL SOCIAL ARRANGEMENTS OF AN UNFINISHED REVOLUTION. THEY FEEL THAT GENERAL POLITICAL PRINCIPLES, NOT RIGID LAW CODES, SHOULD GUIDE BOTH INDIVIDUAL BEHAVIOR AND SOCIAL INSTITUTIONS. THE CHINESE, FOR THE MOST PART, REGARD CRIME AS A MATTER OF CLASS OUTLOOK AND INCORRECT LIFE STYLE, RATHER THAN A SPECIFIC ILLEGAL BEHAVIOR. KEEPING THE PEACE IS REGARDED AS A GENERAL POLITICAL RESPONSIBILITY OF NOT ONLY THE POLICE BUT THE WHOLE CITIZENRY. THE SITUATION AS OF 1976 SHOWS NO DECISIVE VICTORY FOR EITHER POPULAR OR PROFESSIONAL JUSTICE, DESPITE CONFLICT OVER THE YEARS.