NCJ Number
120040
Date Published
1989
Length
15 pages
Annotation
The criminal codes and the justice system in the People's Republic of China (PRC) differ in many ways from those of the United States and the Soviet Union.
Abstract
Traditional Chinese law emphasizes informal means of settling disputes and the subordination of law to policy. The PRC law rests on the socialist tradition in that its main purpose is to educate. A comprehensive code of procedural law in the PRC did not exist until 1979. The courts in China, like those in the Soviet Union, differ from those in the United States in that they do not make law or establish policy. Instead, they are agencies of an administrative apparatus and are responsible for promoting public interests and defending socialism. Lawyers are considered the government's legal workers and do not practice privately. The Chinese Code of Criminal Procedure is largely a shortening and simplification of the Soviet code. However, the codes differ regarding the right to counsel, the rights of the accused, the presumption of innocence, evidence, preliminary investigations, trial procedures, and appeals. In addition, the legal structures are secondary in importance to the economic goals that are the overriding priority for the Chinese leaders. Notes.