NCJ Number
43478
Journal
OCCASIONAL PAPERS/REPRINTS SERIES IN CONTEMPORARY ASIAN STUDIES Issue: 8 Dated: (1977) Pages: WHOLE ISSUE
Date Published
1977
Length
69 pages
Annotation
THE PRINCIPLES, CRITERIA, AND PROCESSES OF CRIMINAL SENTENCING IN THE PEOPLE'S REPUBLIC OF CHINA ARE REVIEWED, BASED ON INFERENCES FROM FOUR SENTENCING DOCUMENTS.
Abstract
APSECTS OF CHINESE LAW AND POLITICS INFLUENCE THE IDEOLOGICAL AND INSTITUTIONAL FRAMEWORK OF CHINA'S CRIMINAL PROCESS. THE DETERMINATION OF SENTENCES IN CHINA APPEARS TO BE GOVERNED BY GENERAL PRINCIPLES CONCERNING THE ROLE OF CRIMINAL PUNISHMENT IN PROMOTING CHINA'S REVOLUTIONARY GOALS, AND BY PRINCIPLES ESTABLISHING GUIDELINES AND CRITERIA TO BE FOLLOWED IN DETERMINING APPROPRIATE SANCTIONS IN INDIVIDUAL CASES. AMONG THE PRINCIPLES ARE THE FOLLOWING: LENIENCY FOR THOSE WHO CONFESS AND SEVERITY FOR THOSE WHO RESIST; PROTECTION OF THE EXISTING SOCIAL, POLITICAL, AND ECONOMIC ORDER; AND MOBILIZATION, MASS EDUCATION, AND DETERRENCE. CRITERIA THAT APPEAR TO EXERT A MAJOR INFLUENCE ON SENTENCE DETERMINATION ARE THE POLITICAL OR ECONOMIC SITUATION AT A GIVEN TIME; THE NATURE AND CONSEQUENCES OF THE CRIMINAL ACT; THE CLASS STATUS OF THE OFFENDER; THE OFFENDER'S POLITICAL ATTITUDE, PAST BEHAVIOR, AND POST-CRIME ATTITUDE TOWARD HIS CRIME; AND THE OPINION OF THE MASSES. SENTENCING IN CHINA IS A THREE-TIERED PROCESS INVOLVING INFORMAL, ADMINISTRATIVE, AND CRIMINAL SANCTIONS ADMINISTERED BY THE BASIC UNITS OF WORK OR RESIDENCE, THE PUBLIC SECURITY ORGANS, AND THE COURTS, RESPECTIVELY. INFERENCES DRAWN FROM SENTENCING DOCUMENTS SUGGEST THAT RELATIVELY FEW OFFENSES ARE OVERTLY POLITICAL IN PURPOSE, ALTHOUGH POLITICAL OVERTONES PERVADE THE CRIMINAL PROCESS. SEX OFFENSES AND CRIMES OF PHYSICAL VIOLENCE APPEAR TO BE PARTICULARLY ABHORRED. ENGLISH TRANSLATIONS WHICH THE REVIEW IS BASED ARE APPENDED.