Criminal justice system in China
Criminal justice is a part of corrective justice which is aimed at correcting initial injustice. It is interlinked with many aspects like social, political and cultural aspects.
The Chinese criminal justice system is one of the complex legal systems of the world which continued to influence the administration of justice in China. Criminal justice in China reflects core values, norms and important social hierarchies in the current Chinese society. It can be viewed as a social and historical phenomenon which is shaped by its wider culture (Muhlhahn, K., 2009, pp-1-10).
Chinese Justice System features all the three essential dynamics, uniformity, historical and political dynamics of the criminal justice system, those were dominant based on several circumstances. But historical dynamics have influenced for centuries until the third dynamic force took over its domination.
Criminal justice system in Ancient China
The modern criminal justice system in China is only 20 years old as of now. It has undergone through many major restructurings. In olden days the law enforcement of China leads by commanders which are called as Prefects and justice system of prefects called as prefecture system. The system started by the kingdoms of Chu and Jin both in the autumn and spring era. Later Judiciak system was developed by Dang Lin Wang. In this system the prefects were appointed by head of the state that is the emperor of the states. And the prefects also have government official works and civil works relating to administration of that jurisdiction. Sub-prefects also employed under the prefects to help them to collect the enforcement of that region. The prefects reports about the crimes to local magistrate. Some of prefects have responsibilities like police detective in present days that were tackle the investigation and inquiries. Sooner the prefecture system developed and females also allowed as prefects.
History of Chinese Law
For centuries the rules and punishments of law in China played a significant role in crime justice system. In 221 B.C. the emperor Qin develops the codes very strictly, the punishments are very cruel and a network also forms to gather information statewide. Qing Dynasty legal code was a unique system of legal codes. After in the Mao era, he setup the rules of law with little changes. But there was not a lot of difference between the Mao and Qin legal systems. A book was published about A.D. 1247 to determine the crime persons with the name of Hsi Yuan Chi Lu (The Washing Away of Unjust Wrongs). In 13th century to punish killers they used the insects. In the Shangfang legal system people complained about injustice caused to authorities for appropriate action. The uniqueness of the system is its settlement through mediation. But this system failed in providing justice to more number of people as it is based on unpredictable and arbitrary principles. Legal reform movement was led by Qiao Shi under Mao. He has promoted as legal reforms to a large extent and they were enacted subsequently. Deng Xiapoing planed for a new legal system and made efforts to train 150,000 lawyers in 1991 (Hays, 2010).
Imperial Chinese governments historical legacy continued to influence the modern legal system and more particularly criminal justice system in China. Imperial legal rules are characterized as rule of man (renzhi) rather than rule of law (fazhi). (Lectric Law Library, 2010)
Political influence
Modern Chinese legal system is mostly dominated by the third dynamic force which is the policy-making and political and process along with few ideologies. Current Criminal justice system is backed with the concepts of Mao Zedong, Leninism and Marxism. Modern Chinese legal system is a product of foreign and Chinese experiences, with application of communist doctrine in Soviet model. Comprehensive criminal law was enacted in 1979. Enactment of criminal laws is an important step towards legality after post-Mao China. The post-Mao commitment in bringing revolution against lawlessness and modernization has triggered to develop modern Chinese legal system. The existing political system and policy-making bodies are putting efforts to strengthen procedural and substantive criminal codes. Lin-Jiang cliques trail in 1980 was the first step towards the commitment of legality of Chinese criminal justice system in the emerging legal order (Leng and Chiu, 1985). First major reforms were taken place in 1905 due to pressure from the west. They had decreased the punishments and simplified the execution. The Chinese government in 1949 defined their own definitions to the new form of punishments and criminality. Criminal justice system is also having the first dynamic force as being unified and sophisticated with professional judges, detailed trail procedures, standard laws and punishments in multi-level system.
Crimes in China
China is facing many crime issues like drug dealing, smuggling of illegal weapons, rapes, murder money laundering and thefts etc, criminals in country have access to better technology weapons and vehicles compared to local police around 300, 000 weapons have been captured from criminals in 1996 by police, money laundering, smuggling and drug dealing effected country in many prospective like economy and social imbalance as youth is getting exploited by drug dealers. Power of criminals in China is strong and influential in state and corruption has become a most common thing in government offices (Blum and Jensen, 2002).
China has very strict rules and regulations for crimes and implements strict measures to control the crime, In China 68 crime attracts death sentences which include robbery, drugs, rape, murder and economic offense like money laundering and tax evasion etc. China. According to Amnesty international China executed around 1718 criminals in 2008 and actual figures may be higher (Amnesty international, 2010). Principal punishments under Criminal Law were classified into cranial detention, control, life imprisonment, fixed term imprisonment and death penalty.
From the time of imperial China to present day modern China there were many reforms in criminal justice system, rules and regulations. In imperial China emperor were considered as supreme justice where they have complete power to judge and sentence a criminal accused. In present day China imperial criminal justice system was replaced with modern criminal justice system under political pressure with many reforms but it remained to be violent in criminal justice system in red country with communist and military ideology many human rights organizations like Amnesty International are fighting against this issue to reform criminal justice system in China.
Conclusion
Ultimate goal of every criminal justice system is to provide justice and some respite to the victims and some countries take stringent steps to control the crime rate and China is doing the same but by using more punishments which is not acceptable by the international society. Like other criminal justice systems around the world, Chinese system also contains all the three dynamic forces. It is having the uniform laws, socio-economical and cultural influences and the policy-making and political process. Chinese criminal justice system had be influenced more by historical dynamic forces until the pre-Mao era and post-Mao era has taken a drastic drift, where the third dynamic force which is the political and policy-making taken the lead role. The focus of the new crime forms will enable the law enforcement bodies to take more effective steps to control them. Evolution of Chinese criminal justice system and its major transition from late imperial china to the Deng reform era has witnessed successes and failures, change in underlying values and also resulted in ultimate human cost of the system.
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