“Naked Officials” and “Heavenly Net”

2020 ◽  
pp. 256-284
Author(s):  
Xiaoqun Xu
Keyword(s):  
Criminal Justice ◽  
National Security ◽  
Class Struggle ◽  
White Collar ◽  
Criminal Code ◽  
Procedural Law ◽  
Legal Responses ◽  
Societal Changes ◽  
Corrupt Party ◽  
Party State

Chapter 10 continues the survey of criminal justice in 1997–2018. It notes important changes in the Criminal Code and the Criminal Procedural Law, including the abolition of class struggle as the guide to criminal justice and “counterrevolutionary” as a criminal category, and the introduction of “harming national security” as a criminal category in the 1997 Criminal Code. Other changes include a series of amendments in recent years to the 1997 Criminal Code and the 1996 Criminal Procedural Law, providing more safeguards of the rights of the accused and reducing the number of capital offenses, and the abolition of the “reeducation through labor” (laojiao) system in 2013. Another area of legal responses to societal changes in the period is prosecution of corrupt party-state officials at high levels. A law-enforcement program called Heavenly Net was launched in early 2015 to capture corrupt officials and white-collar criminals who fled to other countries.

The Legal System and the Rule of Law

2020 ◽  
pp. 223-255
Author(s):  
Xiaoqun Xu
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Human Trafficking ◽  
Legal System ◽  
Criminal Code ◽  
Court System ◽  
The Rule Of Law ◽  
Procedural Law ◽  
Legal Responses ◽  
Narcotics Trafficking

Chapter 9 covers criminal justice in the first two decades after Mao’s death (1977–1996), when Deng Xiaoping was the top leader. With a brief summary of political developments, it outlines the post-Mao legal-judicial reforms as part of the reform and opening policies launched by Deng, including the enactment of the first Criminal Code and the Criminal Procedural Law of the PRC. While the Criminal Code retained Maoist language and influence, such as placing certain offenses in a category of “counterrevolutionary crimes,” the Criminal Procedural Law offered the beginning steps leading to procedural justice. The reforms included construction of a court system, professionalization of judges, and restoration of the legal profession. The chapter also looks at legal responses to reemerging crimes such as prostitution, human trafficking, narcotics trafficking, and pornography.

“Contradictions between the People and the Enemy”

2020 ◽  
pp. 175-206
Author(s):  
Xiaoqun Xu
Keyword(s):  
Social Control ◽  
Crime Prevention ◽  
Cultural Revolution ◽  
Class Struggle ◽  
Social Engineering ◽  
Criminal Code ◽  
Political Campaigns ◽  
The Political ◽  
Procedural Law ◽  
The People

Chapter 7 presents the Maoist theory of class struggle and its manifestation in dealing with common crimes and political offenses by legal (and extralegal) and judicial (and extrajudicial) means. Such practices originated in the pre-1949 revolutionary experiences and culminated in the disastrous Cultural Revolution (1966–1976). The chapter explains the reasons why the CCP did not find it necessary to have a criminal code and a criminal procedural law, and how the mechanisms of social engineering that the CCP designed and developed helped social control and crime prevention. It traces the rationales and practices of “reform through labor” and “reeducation through labor” during the Mao era and after. It describes the political campaigns of the 1950s and 1960s that reached the point of lawlessness in the Cultural Revolution.

PROBLEM ASPECTS OF CRIMINAL RESPONSIBILITY FOR RAPE IN THE CONTEXT OF CHANGES TO ART. 152 OF THE CRIMINAL CODE OF UKRAINE

2017 ◽  
Author(s):  
Stepan Burda ◽  
Keyword(s):  
Human Rights ◽  
National Security ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Direct Impact ◽  
Sexual Freedom ◽  
Normal Life ◽  
Basic Law ◽  
Criminal Offenses

The article describes the criminal liability for rape in the context of amendments to Art. 152 of the Criminal code of Ukraine. It is noted that sexual freedom and sexual integrity are among the most important personal human rights. It is regulated by the Basic Law of our state and no wonder the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It is established that the separation of Section IV "Criminal offenses against sexual freedom and sexual integrity of a person" in the Special Part of the Criminal Code of Ukraine means increasing the state's attention to the state of sexual relations in Ukraine. Sexual freedom and inviolability are among the most important personal human rights. It is regulated by the Basic Law of our state and not without reason the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It should be noted that criminal offenses against the life and health of a person, criminal offenses against the honor of freedom and dignity of a person, criminal offenses against sexual freedom and sexual integrity of a person are the most serious and terrible of all existing in the modern Criminal Code of Ukraine. these crimes, in addition to severe physical trauma, leave in the minds of the victim, his relatives and friends great and horrible memories that last a lifetime, traumatize the psyche and often lead to suicide of victims who can not be rehabilitated. The opinion is expressed that in the disposition of Article 152 of the Criminal Code of Ukraine there is a certain uncertainty in the question of which

scholarly journals Alternative sanctions and measures in the criminal justice system of Slovenia

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 37-42 ◽  
Author(s):  
Alenka Selih
Keyword(s):  
Criminal Justice ◽  
Juvenile Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Personal Factor ◽  
Judicial Practice ◽  
Alternative Measures ◽  
Alternative Sanctions

The paper presents the ways of introducing both material and procedural alternative measures into the criminal justice system of Slovenia from the beginning of 1990s, particularly into the Criminal Code and the Code of Criminal Procedure in 1995 (with the further amendments). That relates to both adult and juvenile offenders. Regarding implementation, the author emphasizes characteristics of the implementation of both groups of institutions; pays attention to the fact that procedural institutions are more important for prosecution of minor criminal offences; points out the importance of the personal factor that contributes to the implementation of new provisions; and gives an overview of the first experiment in the Slovenian judiciary related to that. The author gives an analysis of problems dealt with in the Slovenian doctrine and judicial practice in connection with alternative ways of proceeding; she points out, in particular, the imperfections of legal solutions; the unclear competences in implementation of alternative sanctions and problems resulting from such a situation.

scholarly journals TINJAUAN YURIDIS EKSISTENSI HAKIM PENGAWAS DAN PENGAMAT DALAM SISTEM PERADILAN PIDANA INDONESIA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Maroni Maroni
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Court Decisions ◽  
Procedural Law

Monitoring and observation of court decisions made by judges is a new institution in the criminal procedural law in Indonesia. Through monitoring and observation of expected gaps (gap) between what the judge decided and reality implementation of the criminal in prison can be bridged. Judges will be brought closer to the prosecutors and corrections officials so that judges can follow the development of the state of the convict. Keywords: Judge, Supervisor and Observer, the Criminal Justice System

scholarly journals CRIMINAL LIABILITY FOR CRIMES AGAINST NATIONAL SECURITY

2021 ◽  
Vol 3 ◽  
pp. 72-88
Author(s):  
A. Polianskyi ◽  
O. Polianskyi
Keyword(s):  
National Security ◽  
Criminal Liability ◽  
Research Process ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
State Control ◽  
Basic Law ◽  
System Method ◽  
Process System

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state. Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied. General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used. Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance. Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.

scholarly journals A history of Malawi’s criminal justice system: from pre-colonial to democratic periods

Fundamina ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 288-336
Author(s):  
Lewis Chezan Bande
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Late Nineteenth Century ◽  
Historical Period ◽  
Past Century ◽  
Limited Government ◽  
Correctional Services ◽  
Procedural Law ◽  
History Of

This contribution traces the historical development of the criminal justice system in Malawi, from the pre-colonial period, through the colonial and independence periods, to the contemporary democratic period. It highlights the major political hallmarks of each historical period and their impact on the development of the criminal justice system. The contribution shows that all aspects of the current criminal justice system – substantive criminal law, procedural law, criminallaw enforcement agencies, courts and correctional services – are products of political and constitutional processes and events of the past century. Their origins are directly traceable to the imposition of British protectorate rule on Nyasaland in the late nineteenth century. The development of the Malawian criminal justice system since then has been heavily influenced by the tension and conflict of colonialism, the brutality of one-party dictatorship and the country’s quest for a constitutional order that is based on liberal principles of democracy, rule of law, transparency and accountability, respect for human rights, limited government and equality before the law. To properly understand Malawi’s current criminal justice system, one has to know and appreciate its historical origins and development.

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