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Criminal Justice in the People's Republic of China - A System of Contradictions

NCJ Number
101412
Journal
Judicature Volume: 69 Issue: 6 Dated: (April-May 1986) Pages: 344-352
Author(s)
G T Felkenes
Date Published
1986
Length
9 pages
Annotation
This comparative analysis of the criminal justice system in the People's Republic of China focuses on its anomalies, such as reliance on a vast mediation system coupled with harsh penalties and a philosophy that emphasizes social control, but views fingerprinting as an invasion of privacy.
Abstract
The article describes the crucial role of mediation committees in the criminal justice system, noting that neighborhood mediation committees remove many cases from the formal legal system by settling civil disputes and minor criminal matters. Unique features of the mediation process are discussed, such as its voluntary nature, the lack of authority to inflict punishment, and exclusion of the police except as advisors. Also described are the Chinese attitude toward fingerprinting, the decentralized community police network whose main role is crime prevention, the neighborhood public security committees, and the Chinese view of crime as a social disease. The review of correctional institutions for serious offenders focuses on ideological reindoctrination and vocational educational programs. The paper examines both the content and impact of the 1983 law establishing procedures for serious offenses. Photographs.