Reforming the Criminal Code of the People’s Republic of China: ambiguous de-cisions of the legislator

2021 ◽  
pp. 153
Author(s):  
Aleksandr Chuchaev
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Public Life ◽  
Criminal Code ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China

The article describes the changes and additions to the Criminal Code of the People’s Republic of China during its operation (1997). Special attention is paid to Amendments No. 11, adopted on December 26, 2020, which, in fact, marked a change in the Chinese criminal law policy, including in determining the age of criminal responsibility, criminalization and penalization of a number of acts in various spheres of public life

scholarly journals Criminal Liability of Legal Entities in China: Traditional Approaches and Modern Choices

2020 ◽  
Vol 14 (4) ◽  
pp. 613-622
Author(s):  
Pan Dunmei
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Risk Society ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Legal Entity ◽  
Republic Of China ◽  
Legal Entities

Crime committed by a legal entity is an unavoidable social phenomenon in the process of modern socio-economic development in different countries of the world. The crime of a legal entity in modern Chinese criminal law is called a corporate crime. Since the establishment of the people's Republic of China until 1979, only the criminal liability of individuals has been recognized in the field of Chinese criminal law and criminal law theory. Corporate criminal responsibility in the People's Republic of China was established in a completely new historical context: with the development of the commodity economy and market economy in the new China, corporate crimes appeared in public life and gradually spread in the middle and second half of the 1980s, so that regulation through laws became a requirement for the Chinese society to function normally. In this social context, the Standing Committee of the All-China People's Congress has passed a number of laws that provide for corporate crimes. Before the Criminal Code of the People's Republic of China came into force of in 1997, corporate crimes already accounted for about one third of all offences stipulated in specific criminal and non-criminal laws, which lead to the final establishment of corporate criminal responsibility in the new Criminal Code of China. The author analyzes the problem of criminal liability for corporate crimes in the criminal law of the People's Republic of China from the standpoint of traditional theory, as well as predicts the appropriate trends in the future development of theoretical approaches to bringing legal entities to criminal responsibility in a risk society. According to the author, in a risk society, effective prevention of risks in the activities of legal entities is inseparable from the efforts of legal entities themselves, and criminal law, as one of the tools for risk distribution, is aimed primarily not at punishment, but at increasing the motivation of legal entities to achieve this.

Principles Of Law In Modern Criminal Law Of China: Historical And Legal Analysis

2021 ◽  
pp. 160-167
Author(s):  
X. Shan
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Public Authorities ◽  
Republic Of China ◽  
Criminal Legislation ◽  
Principle Of Legality

The article looks into the evolution of the concept of “the principles of criminal law” in the legislation of the People’s Republic of China during the second half of the twentieth century. The principles of law are recognized as the normative foundations of law, which determine the general scope, main peculiarities and the most significant features of legal regulation. The article studies a number of definitions offered by some Chinese scientists who dealt with the theoretical and legal problems. The People’s Republic of China was created on October 1, 1949 against the background of destroyed economy, demoralized society, prevailing chaos and the unstructured nature of public authorities. In that period, no codified criminal law was in place. Some criminal acts of that time showed that any fundamental principles were included in the system of criminal legislation either. The first Criminal Code of the People’s Republic of China of 1979 did not mention any principles of law, whereas the Criminal Code of 1997 provided for three fundamental principles, which became the subject of our analysis. These are the principle of legality, also known as the principle of no punishment for doing something that is not prohibited by law (nullum crimen, nullum točka sine lege), the principle of equality of citizens before the law, the principle of conformity of criminal-legal measures to the nature and circumstances of crime. It is these principles that have been reflected in the current criminal code. Despite the amendments of criminal law introduced over the last few decades, the principles of law have remained unchanged. The conclusion to the publication makes a suggestion to introduce the general principle of humanism into in the General Provisions of the Criminal Code of China. The scholar believes that this principle should be recognized as the key principle of the criminal law of China, and will aim to ensure the democratic nature of Chinese criminal law.

scholarly journals Correlation of administrative drug-related offences and drug-related crimes: past, present and future

2015 ◽  
Vol 1 ◽  
pp. 10-22
Author(s):  
Aleksandr Vyacheslavovich Fedorov ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Administrative Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Dynamic Character ◽  
New Type ◽  
Objective Side ◽  
Administrative Responsibility

The article concerns issues of correlation of administrative drug-related offences and drug-related crimes; substantiates the conclusion that administrative drug-related offences and drug-related crimes have a feature of public danger and the criteria for delimitation thereof are of a conditional and formal character. The author notes the dynamic character of correlation of administrative drug-related offences and drug-related crimes and the tendency to increase the number of administrative drug-related offences and crimes. The attention is drawn to the phenomenon of reciprocity of certain administrative drug-related offences and crimes when actions similar by the objective side are reflected both in the Criminal Code of the RF and the Code of Administrative-Law Offences of the RF. The author analyses the legislation of the People’s Republic of China and the Kingdom of Spain related to criminal responsibility of juridical persons for drugrelated crimes. Taking into consideration foreign practices the author considers the issue of necessity of adding to the administrative responsibility of juridical persons for drug-related offences of a new type of responsibility — criminal responsibility of juridical persons.

scholarly journals Comparative Legal Analysis of the Institute of Complicity in Crime in China and Russia

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 153-164
Author(s):  
P. Dongmei
Keyword(s):  
Criminal Law ◽  
Criminal Group ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
General Part ◽  
Organization Leadership

The institution of complicity in crime as a whole is one of the most problematic areas for criminal law doctrine and law enforcement practice. The problem of complicity in crime, which acts as one of the fundamental institutions of criminal law in different countries, is given increased attention in the legal science of China and Russia, which is primarily due to the importance of this institution.In the Chinese criminal law, only five articles of the General part (articles 25-29 of the criminal code of the People’s Republic of China) are devoted to complicity in a crime. In addition, in many articles of the special part of the criminal code of the People’s Republic of China, incitement, aiding and abetting, as well as preparing, creating, directing, or participating in a criminal group, constitute a complete crime. These are such elements of a crime as: incitement to split the state (part 2 of article 103), incitement to overthrow the state power (part 2 of article 105), incitement to carry out terrorist activities (article 120), financial assistance to terrorist activities (article 120.1), assistance to information network criminal activities (article 287.2), preparatory actions for terrorist activities (article 120.2), organization, leadership, participation in a terrorist organization (article 120), organization, leadership and active participation in organizations of a mafia nature (article 294) , etc. In the current Criminal Code of the Russian Federation, seven articles of the General part (articles 32-36, articles 63, 67 of the Criminal Code) are devoted to the institution of complicity. In addition, the group committing a crime is as qualified or very qualified type of specific crimes (for example, article 105, 117, 158, 164 of the Criminal Code), or forms a constitutive characteristic of certain types of crime (for example, article 208, 209, 210 of the Criminal Code, which criminalize the creation of formations, gangs or communities or participate in them).The paper deals with Chinese and Russian criminal law in part of the normative regulation of the Institute of complicity in a crime, considerable attention is given to the analysis of criminal legislation of China and Russia in the sphere of legal regulation of concepts, forms of participation, types of participation and the principles of bringing them to criminal liability. In the course of the study, the author also attempts to analyze some controversial issues related to the institution of complicity in crime, such as complicity in careless crime, indirect execution, and the legal nature of complicity in crime.

A Bibliographic Guide to the Criminal Law Literature of the People's Rebublic of China: 1949–2000

2008 ◽  
Vol 36 (1) ◽  
pp. 118-155 ◽  
Author(s):  
Zhai Jianxiong
Keyword(s):  
Criminal Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Academic Scholarship ◽  
Selective Bibliography ◽  
Three Phases

Mr. Zhai presents a bibliographic guide listing the major sources of criminal law literature of the People's Republic of China published during 1949–2000. The fifty year span is divided into three phases, each containing a selective bibliography on criminal law representative of academic scholarship of the corresponding period.

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