CHINA'S REFORMING CRIMINAL JUSTICE SYSTEM

China's Reforming Criminal Justice System

China's Reforming Criminal Justice System

Thesis Statement

Additional significant reforms to the system can reasonably be expected in the next five to ten years. Many sophisticated legal experts both inside and outside the Chinese government are dedicated to reforming China's criminal justice system to bring it closer to international standards of fairness. 

Introduction

China is a large country with a total area of 9.6 million square kilometers and more than 1 billion people, representing one-fourth of the world's population. People's Republic of China was set up in a socialist country, in 1949. Since then, efforts have been made for the adoption of basic laws for the administration of criminal justice. That was in 1979, after a period of "cultural revolution" which lasted ten years that the Penal Code and Criminal Procedure Code was adopted (Burns 2007).

Discussion

Chinese criminal law takes the concept of Marxism, Leninism and Mao Zedong as its guide. It declares that its objective is to use criminal sanctions to fight against all counter-revolutionary and other criminal acts in order to protect the system from the People's Democratic Dictatorship and the smooth progress of the course of socialist construction. The law takes the Constitution as its basis. Article 28 of the Constitution states: "The state maintains public order and suppresses treasonable and counter-revolutionary activities, and punishment for acts that endanger public security and disrupt the socialist economy and other criminal activities, and punish and reform criminals." Since 1979, higher legal education has grown through universities and other institutions. Much attention is paid to publicize information about the legal system by, for example. Education Act was introduced in primary, secondary and other schools (Brooks 2001). The research, symposia and public lectures, often organized in factories, mines, rural communes and brigades, in order to give more publicity to the Constitution and other laws. Minors between the ages of fourteen entirely exempted from criminal liability, even if they commit acts harmful to society. If juveniles are not punished because they are under sixteen, the heads of their families or their guardians must be ordered according to their discipline, or, when necessary, the minor may be granted asylum or rehabilitation by the government. The crime rate in China showed a dramatic increase in recent years. Nevertheless, China remains one of the countries with the lowest levels of crime in the world. Of all crimes, thefts constitute about 80%, but violent crimes like murder and robbery were also up. Crimes linked to gangs abroad, such as drug trafficking, smuggling of gold and relics, as well as counterfeiting of currency and credit cards has also increased in 1988 (Belknap 2001). Penalties Criminal Law provides that the Principal penalties are classified as a control, criminal detention, fixed-term imprisonment, life imprisonment and death. Monitoring is a criminal punishment for minor offenses. The offender continues to work at his place of work and still receive a normal salary, while supervising organs of public security (police) and the masses. It requires that periodic reports on their circumstances, for ...