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UN Profile - People's Republic of China

------------------------------------------------------------------------
2.0. GENERAL BACKGROUND
 
Background
 
(1)  China is a large country with a total land area of 9.6 million square
kilometres, and 1.1 billion population which amounts to one fourth of the
world population.
 
People's Republic of China was established as a socialist country in 1949.
Since then, efforts have been made to enact basic laws concerning criminal
justice administration.  It was in 1979, after the period of "Cultural
Revolution" which lasted for ten years, that the Criminal Law and Criminal
Procedure Law were enacted.  At the same time, laws concerning the
organization and function of the courts and public prosecution were also re-
organized.  Basic laws with regard to the lawyers, arrest and detention of
the suspects, civil suit procedures, marriages, etc. have been established.
 
(2)  The Chinese Criminal Law takes the concept of Marxism, Leninism and Mao
Zedong as its guide.  It proclaims that its tasks are to use criminal
punishments to struggle against all counter-revolutionary and other criminal
acts in order to safeguard the system of 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
stipulates that "The State maintains public order and suppresses treasonable
and other counter-revolutionary activities; it penalizes acts that endanger
public security and disrupt the socialist economy and other criminal
activities, and punishes and reforms criminals".
 
Since 1979, higher legal education has considerably developed through
universities and other institutions.  High priority is being given to
publicizing information on the legal system through, eg. the China Law
Journal, and many provincial and municipal journals, magazines and
newspapers.  Law education has been introduced in the primary, middle and
other schools.  Studies, symposia and public lectures are often organized in
factories, mines, rural communes and brigades in order to give increased
publicity to the Constitution and other laws.
 
(3)  The age for bearing criminal responsibility is sixteen.  Minors under
the age of fourteen are entirely exempted from criminal responsibility, even
if they commit acts harmful to society.  Minors aged fourteen but under the
age of sixteen shall partially bear criminal responsibility, that is to say
they are responsible criminally only in cases involving murder and
manslaughter, serious injury, robbery, arson, habitual theft or other acts
seriously undermining social order.  For delinquents aged fourteen to
seventeen but younger than eighteen, the Law requires a lenient punishment -
to be specific, a lessor penalty within the range of the legally-prescribed
punishment.  When minors are not punished because they are under sixteen, the
heads of their families or their guardians are to be ordered to subject them
to discipline or when necessary, the minors may be given shelter or
rehabilitation by the Government.
 
                                                                        2
 
 
 
(4)  The crime rate in China stayed around the level of 0.05 plus
consecutively for the four years up to 1988, but the year of 1988 saw a
drastic increase in crime and the rate rose to about 0.07%.  Still China
remains one of the countries with the lowest crime rate in the world.  Of all
the crimes reported, theft accounted for about 80%, but the violent crimes
like murder and robbery were also up.  Crimes associated with gangs abroad,
such as trafficking in narcotics, smuggling of gold and relics, and
counterfeiting of currency and credit cards also increased during 1988.
 
Selected Offences (Intentional homicide, Assault, Theft, Robbery)
 
The number of selected offences recorded in the criminal statistics from 1981
to 1986 is shown in Table 1.  Total number of recorded crimes over the same
period is also shown in the same table.  Statistical data on what portion of
these offences were arrested or brought into formal contact with the criminal
justice system is not available.  However, statistics show that the total
number of prosecutions initiated during the year of 1986 was 257,219.  This
number indicates that the number of formal prosecutions is less than half of
the total number of recorded crimes in 1986.
 
The number of persons convicted in the criminal courts during the above-
mentioned period is not available.  However, the number of admissions to
prison per year from 1980 to 1986 is shown in Table 2.  These figures,
compared with Table 1, indicate that the proportion of the admissions to
prison to the total number of recorded crimes per year varies much from year
to year, and was 40.4% in 1986.
--------------------------------------------------------------------------
2.1. STATISTICS BACKGROUND (NOT AVAILABLE)
--------------------------------------------------------------------------
2.2 CRIMINAL JUSTICE STATISTICS (1970-1975/1975-1980) (NOT AVAILABLE)
----------------------------------------------------------
2.3 Offenses Reported to the Police (NOT AVAILABLE)
----------------------------------------------------------
2.4 Offenders Apprehended or Arrested (NOT AVAILABLE)
----------------------------------------------------------
2.5 Offenders Convicted (NOT AVAILABLE)
----------------------------------------------------------
2.6 Sanctions-Background
 
The Criminal Law provides that Principal Punishments are classified as
control, criminal detention, fixed term imprisonment, life imprisonment and
death penalty.
 
Control is a criminal penalty imposed for minor offences.  The offender
continues to work in his place of employment and continues to receive his
normal wages, while undergoing the supervision of the public security organs
(police) and the masses.  He is required to make periodical reports on his
circumstances to the public security organ concerned.
 
Criminal detention is a criminal penalty imposed for relatively minor
offences, and totally different from pre-trial detention.  The criminal on
whom this penalty is imposed is deprived of his freedom and confined in a
detention house by the local organ of public security rather than being put
 
                                                                        3
 
 
in prison.  He may go home for one or two days each month and be paid for
work.  The term of fixed-term imprisonment is not less than six months and
nor more than fifteen years.  An offender sentenced to fixed term
imprisonment or life imprisonment is to have his sentence executed in prison
or in other place for reform through labour.  Reform through labour is to be
carried out on any offender who is imprisoned, as long as he has the ability
to labour.
 
The death penalty is only to be applied to those offenders who commit the
most heinous crimes.  The Criminal Law provides for two types of death
penalty viz. death penalty with two year suspension of execution and death
penalty without suspension of execution.  The Law stipulates that in the case
of a criminal who should be sentenced to death, but for whom immediate
execution is not essential, a two-year suspension of execution may be
pronounced at the time the sentence of death is imposed;  the criminal will
be put into prison and reform-through-labour carried out and the results
observed.  If the criminal truly repents during the period of suspension, he
is to be given a reduction of sentence to life imprisonment upon the
expiration of the two-year period; and, if he not only truly repents but also
demonstrates meritorious service, he is to be given a reduction of sentence
to not less than fifteen years and not more than twenty years of fixed-term
imprisonment upon the expiration of the period.  Only those who have resisted
reform in an odious manner, provided the evidence of such behaviour is
verified, are to be executed upon a ruling or an approval of the Supreme
Court.
 
The Criminal Law provides for the following supplementary punishments: fines,
deprivation of political rights, and confiscation of property.  These
supplementary punishments may also be applied independently.
----------------------------------------------------------
 
2.7 Prisoners (NOT AVAILABLE)
----------------------------------------------------------
2.8 Criminal Justice Personnel and Resources- Background
 
(1)  Police
 
The number of police personnel in the whole country was 1,200,000 in 1986.
Chinese police utilizes mass-organization in the various ways of treatment of
offenders, as explained more in detail below.
 
(2)  Prosecution
 
The people's procuratorates (public prosecutors) are responsible for
initiating public prosecution.  The people's procuratorates have the power to
investigate criminal cases as well as the power to make decisions of
prosecution, non-prosecution or exemption from prosecution in each criminal
case considering the evidence of the case and nature and circumstances of the
crime.  The total number of public prosecutors as of 31 December 1986 was
140,246.
 
(3)  Judiciary
 
The people's courts are responsible for adjudication, and no other bodies are
 
                                                                        4
 
 
given the power to adjudicate criminal cases.  The number of professional
judges as of 31 December 1986 was 137,066, out of which 19,897 were female
judges.  More than 144,000 employees are working in the judicial system.
 
(4)  Prisons
 
Statistical data regarding the personnel and budget of prison services are
not available.
 
In Chinese prison services, there have been various new ways of mobilizing
public participation in helping re-mould prisoners.  For example, famous
scholars, writers, educators, artists, musicians and sportspeople are invited
to call on prisoners, and encourage them to make more efforts to reform
themselves; former prisoners who have been already integrated into the
society after release are organized to persuade current inmates to re-mould
themselves; family members, relatives and friends of the prisoners are
encouraged and provided with every facility to admonish and educate them.
 
(5)  Non-institutional services
 
Statistical data regarding the personnel and budget allocated to the non-
institutional services are not available.  In China, supervision of offenders
both during the suspension of execution of sentence and after release on
parole is carried out by the public security organ (police).  Probationers
and parolees are turned over by the public security organ to a work unit or a
basic level organization.  The policeman in charge of the community shall
supervise their daily life, their work and ideological trend and encourage
their consciousness to become law-abiding citizens.  Meanwhile the policeman
shall keep in touch with their neighbours if they conduct any law-breaking
activities.
----------------------------------------------------------
 
2.9 Criminal Justice Resources Statistics (NOT AVAILABLE)
----------------------------------------------------------
 
3.0 CRIMINAL JUSTICE STATISTICS(1980-1986)
----------------------------------------------------------
                                          
3.1 Offenses Reported to the Police
 
              1980       1981     1982      1983      1984      1985      1986
Crimes Recorded
 
TOTAL            M    890281    748476    610478    514369    542005    547115
INT.HOM.         M      9576      9324         M      9021     10440     11510
ASSAULT          M     21499     20298         M     14526     15586     18364
RAPES            M     30808     45361         M     44630     37712     39121
ROBBERIES        M     22266     16518         M      7273      8801     12124
THEFTS           M    744374    609481         M    395319    431323    425845
MAJ.THEFTS       M     16873     15462         M     16340     34643     42192
FRAUDS           M     18665     17707         M     13479     13157     14663
------------------------------------------------------------------------
3.2 Offenders Apprehended or Arrested
 
                                                                        5
 
 
Suspected Offenders
    No Data
Persons Prosecuted
    No Data
------------------------------------------------------------------------
 
3.3 Offenders Convicted
      No Data
------------------------------------------------------------------------
 
3.4 Prisoners
 
Prison Admissions
 
              1980       1981     1982      1983      1984      1985      1986
TOTAL       142796    172559    180383    478943    495983    196131    220901
 
Convicted Prisoners
TOTAL            M         M     62246         M         M         M         M
------------------------------------------------------------------------
3.5. CRIMINAL JUSTICE RESOURCES
 
CRJ Personnel
              1980       1981     1982      1983      1984      1985      1986
 
PROSECUTORS                          M                   M               14026
PROF.JUDGES                          M                   M              137066
 
---------------------------------------------------
4.0 SPECIAL ISSUES
 
(1)  Pre-trial detention
 
The number of persons held in incarceration while awaiting trial or adjudication were
355,603, whereas the number of convicted prisoners was 1,122,351, in 1986.  Generally
speaking, trial in China is carried out expeditiously.  The Criminal Procedure Law
stipulates that, in hearing a case of public prosecution, the people's court shall
announce judgement within one month after accepting the case, and it may extend one
month and one-half at the latest.  Accordingly, pre-trial detention is not considered
to pose any serious problem.
 
(2)  Diversion
 
There are several diversion schemes to imprisonment.
 
Police are empowered to give warnings or to impose a certain limited amount
of fines (not more than 200 yuan) to the criminals who have committed minor
offences (Security Control and Enforcement Law).  This warning and fine are
regarded as a final sanction imposed by the police and they need not send the
case to either the public prosecutor nor the court.  This system is
applicable to various types of minor offences including theft, embezzlement,
fraud, assault, gambling, violations of traffic regulations and various types
of public disturbances.  If the person who receives this summary sanction is
dissatisfied with the disposition, he/she can appeal to the higher police
 
                                                                        6
 
 
organ and finally to the courts.  This scheme is fully utilized as an
alternative and diversion to the formal criminal justice procedure and
imprisonment.
 
At prosecution stage, public prosecutors are empowered to grant exemption
from prosecution, considering the gravity of the crime and other
circumstantial factors, even if there is enough evidence to convict the
suspect.  According to the Criminal Law, suspension of sentence may be
pronounced for an offender who has been sentenced to criminal detention or to
fixed-term imprisonment for not more than three years according to the
circumstances of his/her crime and his/her demonstration of repentance, and
where it is considered that applying a suspended sentence will not result in
further harm to society.
 
An offender sentenced to fixed term imprisonment of which not less than half
has been executed, or an offender sentenced to life imprisonment of which not
less than ten years have been actually executed, may be granted parole if
he/she demonstrates true repentance and will not cause further harm to
society.  If special circumstances exist, the above restrictions relating to
the term executed need not be imposed.
 
During the period of suspension of sentence and parole, the offender is
placed under the supervision of the public security organ (police), and the
public security organ utilizes the mass organization of the community to help
watch the offender's daily behaviour and lead him/her to become a law-abiding
citizen.
 
It is said that the number of the revocation of suspension of sentence and
parole because of the committal of new crime is very small, and that this
type of community based treatment has been proving very successful, although
clear statistics are not available in this regard.
 
(3)  Reform through Labour
 
Offenders who have been sentenced to detention, fixed-term imprisonment, life
imprisonment or the death penalty with suspension of execution, provided that
they can work, are obligated to work.  Under the basic policy of "reform
through labour", emphasis is placed on educating and redeeming prisoners to
law abiding citizens through daily labour in the institutions.  The purpose
of this policy is considered to re-mould their ideology, freeing them from
bad influence and habits, and to resocialize them into someone who can live
on their own labour and are useful to society.  Labour is considered to be a
principal measure of reforming criminals, though it is not the only one.
 
The system of reform-through labour has been said to be effective and
successful over the past forty years.  It is reported that, according to some
sample statistics, among those who have served a term of imprisonment, 4-6%
of them committed a crime again after release.
-----------------------------------------------------------
 

TRAITOR McCain

jewn McCain

ASSASSIN of JFK, Patton, many other Whites

killed 264 MILLION Christians in WWII

killed 64 million Christians in Russia

holocaust denier extraordinaire--denying the Armenian holocaust

millions dead in the Middle East

tens of millions of dead Christians

LOST $1.2 TRILLION in Pentagon
spearheaded torture & sodomy of all non-jews
millions dead in Iraq

42 dead, mass murderer Goldman LOVED by jews

serial killer of 13 Christians

the REAL terrorists--not a single one is an Arab

serial killers are all jews

framed Christians for anti-semitism, got caught
left 350 firemen behind to die in WTC

legally insane debarred lawyer CENSORED free speech

mother of all fnazis, certified mentally ill

10,000 Whites DEAD from one jew LIE

moser HATED by jews: he followed the law

f.ck Jesus--from a "news" person!!

1000 fold the child of perdition

 

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