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NCJ Number: 50761 Find in a Library
Title: CHINA - TRIAL BY THE MASSES
Journal: CORRECTIONS MAGAZINE  Volume:3  Issue:4  Dated:(DECEMBER 1977)  Pages:42-44
Author(s): D FOGEL
Corporate Author: Correctional Information Service, Inc
United States of America
Date Published: 1977
Page Count: 3
Sponsoring Agency: Correctional Information Service, Inc
New York, NY 10017
Format: Article
Language: English
Country: United States of America
Annotation: CONFIDENCE IN THE CONCEPT OF REHABILITATION, AND OTHER FEATURES OF THE CRIMINAL JUSTICE SYSTEM IN THE PEOPLE'S REPUBLIC OF CHINA, ARE DISCUSSED BY A STATE CORRECTIONS COMMISSIONER WHO VISITED CHINA IN 1976.
Abstract: CHINESE AUTHORITIES CONTEND THAT THE PRISON SENTENCE MUST BE A MEANS, NOT AN END, AND CITE EXAMPLES OF HOW THEIR TWO MAJOR REHABILITATION TOOLS--FORCED LABOR AND STUDY--HAVE SUCCESSFULLY REPLACED OFFENDERS' 'WRONG THOUGHTS' WITH ACCEPTABLE ATTITUDES AND VALUES. CORRECTIONS IN CHINA, LIKE ALL ASPECTS OF CHINESE SOCIETY, MUST BE UNDERSTOOD IN THE CONTEXT OF COMMUNIST CHINESE IDEOLOGY. AN IMPORTANT FACTOR IS THE REQUIREMENT THAT COURTS INVOLVE THE MASSES IN ALL MAJOR CASES. CASES ARE HEARD IN THE MILIEU (FACTORY, COMMUNE) OF THE CRIMINAL ACT, AND THE PEOPLE ARE GIVEN THE OPPORTUNITY LITERALLY TO EXPRESS THEIR MORAL OUTRAGE ABOUT THE CRIME IN QUESTION. UNFETTERED BY SPECIFIC CRIMINAL SANCTIONS FOR SPECIFIC CRIMES, THE JUDGES (AND TWO LAY ASSESSORS) GRANT PENALTIES (SUPERVISION BY THE MASSES, DETERMINATE SENTENCE, INDETERMINATE SENTENCE, CAPITAL PUNISHMENT WITH OR WITHOUT DELAY) THAT REFLECT THE INTENSITY OF THE PEOPLE'S MORAL OUTRAGE. CASE STUDIES ILLUSTRATING THE MASS LINE IN ACTION ARE PRESENTED. THE POSSIBILITY THAT THE NEIGHBORHOOD JUSTICE CENTER MOVEMENT IS A 'BEGINNING VARIATION' ON CHINA'S MASS-LINE THEME IS NOTED. (LKM)
Index Term(s): China; Rehabilitation; Sentencing/Sanctions; Trial procedures; Trials
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