The Development of China Criminal Procedure Law and the Criminal Issue of the Draft Amendment of China Criminal Procedure Law (2011)



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TABLE OF CONTENTS

LIST OF ABBREVIATIONiii

CHAPTER 1: INTRODUCTION1

Background1

Introduction2

Revised abstract2

Research Question: Aims & Objectives4

CHAPTER 2: LITERATURE REVIEW5

Criminal law5

Rights protection5

Theories on criminal justice6

Packers Model8

Cohen administrative for criminal justice10

Human right11

Human right protection12

Human right and law12

CPL (Criminal procedure law)12

Administrative model15

Adjudicative Model vs. Administrative Model16

Law amendment to protect human rights18

Negative impact22

Importance for human right24

REFERENCES26

LIST OF ABBREVIATION

ACLA: All China Lawyers Association ACWC: All China Women's Confederation ALL: Administrative Litigation Law

APL: Administrative Punishment Law ARL: Administrative Reconsideration Law ASL: Administrative Supervision Law C&R: Custody and Repatriation

CCCCP: Central Committee of the Chinese Communist Party

CCP: Chinese Communist Party

CDT: Coercive Drug Treatment, CDT CE: Custody for Education

CL: Criminal Law

CPL: Criminal Procedure Law

CPPCC: Chinese People's Political Consultative Conference

IDC: Inspection and Discipline Committee

LL: Law on Legislation

MPS: Ministry of Public Security

MSS: Ministry of State Security

MOJ: Ministry of Justice

MOCA: Ministry of Civil Affairs

NPC: National People's Congress

NPCSC: National People's Congress Standing Committee PPL: People's Police Law

PSB: Public Security Bureau

RICE: Retention for In-Camp Employment RTL: Re-education through Labour

SAPL: Security Administrative Punishment Law (2005) SAPL Detention: Administrative Detention under SAPL

SPC: Supreme People's Court

SPP: Supreme People's Procuratorate

SI: Shelter and Investigation

1957 Decision: State Council Decision on the Issue of Re-education through Labour (1957)

Supplementary Provisions: State Council Supplementary Provisions on Re-education through Labour (1979)

TIQ: Taking-in for Questioning

Trial Measures: MPS Trial Measures on Re-education through Labour

Two Designations: A Detention Stipulated by the Administrative Supervision Law and a Party Inspection and Disciplinary Committee Document.

CHAPTER 1: INTRODUCTION

Background

It is estimated that millions of people are subjected to various forms of administrative detention every year. In some cases, limited judicial processes, such as administrative litigation, are available to curb arbitrary applications of administrative detention. However, most administrative detention decisions are made solely by administrative institutions and, therefore, virtually no effective judicial review process can be used to scrutinize the legality of detention. Administrative detention is deeply rooted in the Chinese legal tradition and was widely used in imperial times (Ramseyer 2011, p.25).

The core of governmental power in traditional China rested in a unitary state organ, most closely resembling an administrative organ in the modem society.' Separation of powers among the different state organs did not exist? In fact, the emperor, as head of the imperial court, possessed a full range of powers. His officials - from the top deputies to the lowest ranking county magistrates (xian ling) - exercised unfettered authority over a range of activities, from collecting taxes to adjudicating cases (Meijer 2011, p.19-67).

In dealing with crime, the imperial court did not have specialized judges except for a few central and provincial level officials assigned censorial jobs monitoring the adjudication of criminal cases. Officials at all levels tried criminal cases with more or less few institutional restraints outside the purview of the censors. Trying cases was only one of the many official duties of the ...