NCJ Number
92584
Journal
Australian and New Zealand Journal of Criminology Volume: 16 Issue: 3 Dated: (September 1983) Pages: 133-145
Date Published
1983
Length
13 pages
Annotation
The Republic of China's first comprehensive codes of Criminal Law and Criminal Procedures, which became effective on January 1, 1980, together with revised laws governing the People's Courts and the People's Procuratorates, point to the creation of a potentially more stable and equitable criminal justice system than existed in the past.
Abstract
Outlining the major features of the criminal justice system, attention focuses on constitutional arrangements, the People's Courts, the People's procuracy, initiation, adjudication, and sentencing. National entities, the courts, procuratorates, and public security organs are administratively organized to correspond with each of the four tiers of government -- each level representing national, provincial, district, and local interests, respectively. In general, the principle of dual leadership applies. The Organic Law of People's Courts vests the judicial authority of the country in Local People's Courts, Special People's Courts, and the Supreme People's Court. The law requires all courts to exercise their authority independently, to treat all citizens equally, allow minorities to use their own languages in all judicial proceedings, and hear all cases in public unless involving state secrets, personal shameful secrets, or juvenile delinquency. The fact that the Chinese system brings an accused to court only after a two-stage pretrial investigation of a case -- police and procuratorate -- explains why over 97 percent of the prosecutions instituted by the procuratorates result in conviction. The importance of the new Codes of Criminal Law and Criminal Procedures is that for the first time in China's history the courts have legal directives to follow in administering justice.