Criminal Procedure Law (and revisions)

Criminal Procedure Law (and revisions)
For the first three decades of its existence, the People’s Republic of China had neither a general Criminal Law nor a general Criminal Procedure Law. Crimes and their punishments were defined, if at all, in a variety of documents ranging from individual legislative acts to Communist Party documents. Procedure was seen as distinctly secondary, and indeed as not the kind of matter about which rules were necessary or desirable.
The post-Mao leadership, however, saw a need for a firmer legal foundation for China’s criminal law regime, and quite quickly (in 1979) promulgated both a Criminal Law and a Criminal Procedure Law (CPL). The 1979 CPL was substantially revised in 1996 in order to bring its provisions in line both with the vast changes in Chinese society that had taken place since the original law was promulgated and with demands for greater rationalization. On the whole, the revised CPL is more hospitable to defendants’ rights.
It allows earlier access to lawyers, and makes court proceedings somewhat more transparent than before. It does not, however, allow the defence the right either to obtain witnesses under the same conditions as the prosecution or to examine all witnesses against him or her. Whatever its provisions, the CPL plays only a limited role in governing state-initiated punitive procedures, as it governs only proceedings under the Criminal Law. It is of no effect, for example, in proceedings under which sentences of up to fifteen days of ‘administrative detention’ or up to four years of ‘rehabilitation through labour’ can be imposed.
Hecht, J. (1996). Opening to Reform? An Analysis of China’s Revised Criminal Procedure Law. New York: Lawyers Committee for Human Rights.

Encyclopedia of contemporary Chinese culture. . 2011.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • Law of Japan — Contents 1 Historical Developments 2 Sources of law 3 Precedent 4 Civil law 4.1 Contracts …   Wikipedia

  • Archbold Criminal Pleading, Evidence and Practice — (usually referred to as simply Archbold ) is the leading practitioners text for criminal lawyers in England Wales and several other common law jurisdictions around the world.It has been in publication since 1822, when it was first written by John …   Wikipedia

  • criminal law — the laws of a state or country dealing with criminal offenses and their punishments. [1580 90] * * * Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for… …   Universalium

  • Law, Crime, and Law Enforcement — ▪ 2006 Introduction Trials of former heads of state, U.S. Supreme Court rulings on eminent domain and the death penalty, and high profile cases against former executives of large corporations were leading legal and criminal issues in 2005.… …   Universalium

  • Criminal Code of Canada — The Criminal Code[1] or Code criminel[2] is a law that codifies most criminal offences and procedures in Canada. Its official long title is An Act respecting the criminal law (R.S.C. 1985, c. C 46, as amended). Section 91(27) of the Constitution… …   Wikipedia

  • Law of the British Virgin Islands — The law of the British Virgin Islands is a combination of common law and statute, and is based heavily upon English law.Law in the British Virgin Islands tends to be a combination of the very old and the very new. As a leading offshore financial… …   Wikipedia

  • maritime law — the body of law relating to maritime commerce and navigation, and to maritime matters generally. [1860 65] * * * or admiralty law or admiralty Body of legal rules that governs ships and shipping. One early compilation of maritime regulations is… …   Universalium

  • Criminal Law Amendment Act 1885 — The Criminal Law Amendment Act 1885 (48 49 Vict. c.69), or An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes , was the latest in a 25 year series of legislation in the United… …   Wikipedia

  • Health and Safety at Work etc. Act 1974 — Infobox UK Legislation short title=Health and Safety at Work etc. Act 1974 parliament=Parliament of the United Kingdom long title=An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting… …   Wikipedia

  • civil law — civil law, adj. 1. the body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters. 2. Rom. Hist. the body of law proper to the city or state of Rome, as… …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”