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E-raamat: Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment [Taylor & Francis e-raamat]

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Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth AmendmentSuurem pilt
Teised raamatud teemal:
Taylor & Francis e-raamatudRohkem infot Taylor & Francis e-raamatute kohta
Raamatu kodulehekülg: https://www.taylorfrancis.com/books/9781003131441

By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future.

The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public.

The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.

List of figures
viii
List of tables
ix
List of abbreviations
x
Preface xi
Acknowledgments xiii
1 Introduction
1(23)
1.1 The Chinese landscape
1(3)
1.2 Literature review
4(7)
1.2.1 Chinese scholarship
5(3)
1.2.2 Western scholarship
8(3)
1.3 Methodology
11(4)
1.4 Book structure
15(9)
Notes
17(7)
2 Reforms in Chinese criminal law and their implications
24(22)
2.1 Conceptualization of "crime prevention"
24(4)
2.1.1 Crime prevention in the Chinese context
24(2)
2.1.2 Crime prevention in the Western context
26(2)
2.2 Three case studies: Based on the 2011 eighth amendment of criminal law
28(8)
2.2.1 Three offences in Chinese criminal law
28(1)
2.2.1.1 Crime of drunk driving
28(2)
2.2.1.2 Crime of manufacturing and selling fake medications
30(1)
2.2.1.3 Crime of environmental pollution
31(1)
2.2.2 Similarities among the changes
32(3)
2.2.3 Weak constraints of the law
35(1)
2.3 Analytical framework of risk society and its limitations
36(10)
Notes
40(6)
3 The history of lawmaking and the multiple streams approach
46(13)
3.1 Legislative initiative, bill passing and final amendments
46(4)
3.1.1 Amendment on the crime of drunk driving
47(1)
3.1.2 Amendment on the crime of manufacturing and selling fake medications
48(1)
3.1.3 Amendment on the crime of environmental pollution
49(1)
3.2 Applying John Kingdon's theory in the Chinese context
50(9)
Notes
55(4)
4 Problem stream for Chinese criminal lawmaking
59(20)
4.1 Studies of nationally known cases as focusing events
60(4)
4.1.1 Three case studies
60(2)
4.1.2 The public, the media and the government
62(2)
4.2 Opinions of netizens on focusing events and Chinese criminal law
64(3)
4.2.1 Rapid growth of the Chinese internet: Social background
64(1)
4.2.2 Netizen opinions on focusing events
65(2)
4.3 Public sense of security in the surveys
67(6)
4.3.1 Public sense of security: Based on survey results
67(3)
4.3.2 Reasons for public satisfaction and divergence from internet sentiment
70(3)
4.4 Conclusion
73(6)
Notes
75(4)
5 Policy stream for Chinese criminal lawmaking
79(12)
5.1 Roles of the specialists in the policy stream
80(5)
5.1.1 Proposal drafting specialists: The policy entrepreneurs
81(2)
5.1.2 Adaption and refinement of Kingdon's model
83(2)
5.2 Legal concerns of the proposals
85(6)
Notes
88(3)
6 Political stream for Chinese criminal lawmaking: Role of the CCP and the bureaucracy
91(28)
6.1 The role of the CCP in Chinese criminal lawmaking
92(3)
6.2 The role of other participants in the legislative process
95(14)
6.2.1 The NPC
95(2)
6.2.2 The judicial system
97(3)
6.2.3 The administration
100(3)
6.2.4 The media
103(3)
6.2.5 The legal experts
106(3)
6.3 Conclusion
109(10)
Notes
112(7)
7 The role of the state in the criminal justice system: Through a comparative perspective
119(15)
7.1 Risk control in the Western criminal justice system
119(4)
7.1.1 Conceptualizing risk in the Western criminal justice system
119(2)
7.1.2 State's role of risk control in the Western social context
121(2)
7.2 Risk control in the Chinese criminal justice system
123(6)
7.2.1 The "it works" belief in criminal justice in China
123(5)
7.2.2 The Chinese mixed problem-solving approach
128(1)
7.3 Conclusion
129(5)
Notes
130(4)
8 Policy window of Chinese criminal lawmaking and conclusion
134(17)
8.1 Legal renewal: Easily opened windows for law reforms
135(6)
8.1.1 Frequent coupling of the streams
135(1)
8.1.2 Two important streams for legal renewals
136(1)
8.1.2.1 Public influences: Public mood and public participation
137(2)
8.1.2.2 Political influences: Focusing on social stability and public security
139(2)
8.2 Reflections on Chinese criminal justice
141(3)
8.2.1 Will an authoritarian regime necessarily lead to harsh penalties?
141(2)
8.2.2 Is China an exclusive or inclusive society!
143(1)
8.3 Conclusion
144(1)
8.4 Changes after the eighth amendment
145(6)
Notes
147(4)
Bibliography 151(16)
Index 167
Ying Ji is Assistant Professor at the Law School of the University of International Business and Economics, Beijing, China.
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