NCJ Number
84009
Journal
Journal of Criminal Law and Criminology Volume: 73 Issue: 1 Dated: (Spring 1982) Pages: 238-258
Date Published
1982
Length
21 pages
Annotation
This comparison of the Chinese and Soviet codes of criminal law and procedure examines right to counsel, rights of the accused, evidence, coercive measures, the preliminary investigation, trial procedure, appeals, presumption of innocence, and the role of social organizations.
Abstract
That the Soviet codes of criminal law and procedure served as models for the Chinese texts is obvious from the texts themselves and is confirmed by interviews with Chinese jurists. Perhaps the most important common characteristic of the Chinese and Soviet texts is their emphasis on what in all socialist legal systems is called 'the educational role' of law. In socialist countries, the main purpose of law, and especially criminal law, is to educate, guide, and train persons to be loyal, cooperative, disciplined, altruistic, and respectful of the rules of socialist communal life. The most striking difference in the style of the two sets of codes is the profuse moralism of the Chinese, which is coupled with a high degree of latitude in the definition of crimes, as well as in pretrial and trial procedure. This contrasts with the stern formalism of the Soviet codes, which is coupled with a high degree of detail and precision in both substantive and procedural rules. Further, the present Russian codes embody the law of a revolution that has settled down while the present Chinese codes embody the law of a revolution that is still boiling. A total of 117 footnotes are listed. (Author summary modified)