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NCJ Number: 120040 Find in a Library
Title: Structural Elements of Contemporary Criminal Justice in the People's Republic of China (From Social Control in the People's Republic of China, P 115-129, 1989, Ronald J. Troyer, John P. Clark, et al, eds. - See NCJ-120034)
Author(s): E J McCabe
Date Published: 1989
Page Count: 15
Sponsoring Agency: Praeger Publishers
Westport, CT 06881
Sale Source: Praeger Publishers
88 Post Road West
Westport, CT 06881
United States of America
Type: Survey (Cross-Cultural)
Language: English
Country: United States of America
Annotation: The criminal codes and the justice system in the People's Republic of China (PRC) differ in many ways from those of the United States and the Soviet Union.
Abstract: Traditional Chinese law emphasizes informal means of settling disputes and the subordination of law to policy. The PRC law rests on the socialist tradition in that its main purpose is to educate. A comprehensive code of procedural law in the PRC did not exist until 1979. The courts in China, like those in the Soviet Union, differ from those in the United States in that they do not make law or establish policy. Instead, they are agencies of an administrative apparatus and are responsible for promoting public interests and defending socialism. Lawyers are considered the government's legal workers and do not practice privately. The Chinese Code of Criminal Procedure is largely a shortening and simplification of the Soviet code. However, the codes differ regarding the right to counsel, the rights of the accused, the presumption of innocence, evidence, preliminary investigations, trial procedures, and appeals. In addition, the legal structures are secondary in importance to the economic goals that are the overriding priority for the Chinese leaders. Notes.
Main Term(s): Foreign criminal justice systems
Index Term(s): China; Criminal codes; Foreign courts; Union of Soviet Socialist Republics (USSR); United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=120040

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