NCJ Number
53006
Journal
Case and Comment Volume: 83 Issue: 6 Dated: (NOVEMBER/DECEMBER 1978) Pages: 42-56
Date Published
1978
Length
6 pages
Annotation
THE CRIMINAL JUSTICE SYSTEM IN THE PEOPLE'S REPUBLIC OF CHINA IS ASSESSED IN TERMS OF THE COURTS, JUDICIAL OFFICERS, LAWYERS, EMIGRATION, CITIZEN RIGHTS, TRIALS, CRIME AND PUNISHMENT, AND THE PENAL SYSTEM.
Abstract
COURTS ARE TOOLS OF THE DICTATORSHIP IN CHINA AND REPRESENT THE STRUCTURE OF THE LAW. THEY OPERATE UNDER THE LEADERSHIP OF THE CHINESE COMMUNIST PARTY IN SUPPORT OF THE MASSES. PEOPLE'S COURTS ARE RESPONSIBLE TO PEOPLE'S CONGRESSES AND THEIR PERMANENT ORGANS AT THE CORRESPONDING LEVELS. THE JUDICIAL AUTHORITY OF CHINA IS EXERCISED BY FOUR LEVELS OF PEOPLE'S COURTS: SUPREME PEOPLE'S COURT, HIGHER PEOPLE'S COURT, MIDDLE PEOPLE'S COURT, AND BASIC PEOPLE'S COURT. JUDICIAL OFFICERS ARE ELECTED BY THE COMMUNITY AND RECEIVE TRAINING IN LAW AND LEGAL PROCEEDINGS. THERE IS NO JURY SYSTEM, ALTHOUGH JUDICIAL OFFICIALS ACT AS A FORM OF JURY. JUDGES ARE APPOINTED BY THE PEOPLE'S GOVERNMENT. LAWYERS DO NOT EXIST IN CHINA TO SERVE THE PEOPLE IN CIVIL AND CRIMINAL MATTERS. FOREIGNERS INVOLVED IN LEGAL DISPUTES ARE PROVIDED WITH CHINESE LAWYERS AT THEIR REQUEST. LAW, FROM A POLITICAL PERSPECTIVE, IS AN INSTRUMENT USED IN THE CLASS STRUGGLE AND MANIFESTS THE WILL OF THE RULING CLASS WHICH IS THE DICTATORSHIP OF THE PEOPLE UNDER THE LEADERSHIP OF THE PARTY. CHINESE LEADERS FEEL THAT THERE IS NO ADVANTAGE TO HAVING A COMPREHENSIVE PENAL CODE, BUT THERE ARE SPECIFIC PROVISIONS OF LAW RELATING TO THE CONSTITUTION, LAND REFORM, LABOR, CUSTOMS, MARRIAGE, AND THE PUNISHMENT OF COUNTERREVOLUTIONARIES. THE MARRIAGE LAW ADVOCATES FREEDOM IN THE MARRIAGE CONTRACT, UPHOLDS THE EQUALITY OF HUSBAND AND WIFE, PROHIBITS POLYGAMY, AND PROTECTS THE INTERESTS OF WOMEN AND CHILDREN. SOCIOECONOMIC CONDITIONS FOR EMIGRATION DO NOT EXIST. ALL PEOPLE HAVE THE RIGHT TO WORK, AND EDUCATION IS GUARANTEED. CIVIL AND CRIMINAL PROCEDURES ARE STIPULATED IN THE REVISED CHINESE CONSTITUTION. MAIN CATEGORIES OF CRIME IN CHINA ARE COUNTERREVOLUTIONARY ACTIVITY, HOMICIDE, ARSON, RAPE, THEFT, SWINDLING, CORRUPTION, AND SPECULATING. IF A PERSON IS GUILTY OF THE COMMISSION OF A CRIME, THE COURTS CAN IMPOSE CAPITAL PUNISHMENT, LIFE IMPRISONMENT, WORK UNDER SURVEILLANCE, FINES, OR FORFEITURE OF PROPERTY. THE DIRECTION OF PENAL POLICY IS TOWARD REFORM AND NOT PUNISHMENT. CONDITIONS IN PRISONS ARE HUMANE, AND PRISONS ARE OPERATED UNDER STRICT REGULATIONS IN TERMS OF HYGIENIC AND HEALTH STANDARDS. (DEP)