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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ABSTRACT

This study is about the criminal procedure law amendment. Since 1996 China had two constitutional amendments. The rule of law and building a socialist country under the rule of law "into the Constitution as the basic strategy of rule," the state respects and safeguards human rights "written into the Constitution. These two constitutional amendments and the Criminal Procedure Law are very close, instructive revision of the Criminal Procedure Law. In August 30, 2011, the national people's congress of the people's republic of china has announced the explanation on the draft amendment of China Criminal Procedure Law 2011. The CPL allows lawyers to represent suspects or defendants upon their being questioned or detained. Detention authorities are able to bypass these formal procedural safeguards entirely. It will help us to understand the newly amended part of the law regarding the human rights. It will also elaborate the importance of human rights as per the criminal procedure law. The study will measure the negative impact of the law and what can be the possible revision regarding the law that can be made.

TABLE OF CONTENTS

ABSTRACTII

LIST OF ABBREVIATIONV

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 protection11

Human right and law12

CPL (Criminal procedure law)12

Administrative model14

Adjudicative Model vs. Administrative Model15

Law amendment to protect human rights18

Negative impact21

Importance for human right23

BACKGROUND CHAPTER25

Development of China legal system25

Criminal law Pre 1949& 1949 to 198029

1980 to now30

Criminal procedure law amendment 201133

Purpose33

Analysis35

Criminal issue and suggestions36

CONCLUSION38

Reliance on Cohen's administrative model38

Focus on administrative sanction38

Overview of amendments40

Recommendations42

REFERENCES45

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 ...