WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS

China

by

Jianan Guo
Ministry of Justice

Guo Xiang
China University of Politics and Law

Wu Zongxian
Ministry of Justice of China

Xu Zhangrun
University of Politics and Law

Peng Xiaohui
China University of Politics and Law

Li Shuangshuang
China University of Politics and Law

This country report is one of many prepared for the World Factbook
of Criminal Justice Systems under Grant No. 90-BJ-CX-0002 from the Bureau
of Justice Statistics to the State University of New York at
Albany.  The project director for the World Factbook of Criminal Justice
was Graeme R. Newman, but responsibility for the accuracy of the
information contained in each report is that of the individual
author.  The contents of these reports do not necessarily reflect the 
views or policies of the Bureau of Justice Statistics or the U.S. Department 
of Justice.

GENERAL OVERVIEW

1. Political System.

     China is a unitary, multi-national socialist
country with 31 provinces, autonomous regions and
municipalities directly under authority of the
central government.  There are also cities and
autonomous prefectures operating directly under
these provincial and autonomous regional
governments, which totaled 458 in 1991.  Under
these cities and autonomous prefectures are county
and city districts, which totaled 1,904 in 1991.   
    China's criminal justice system consists of
police, procurates, courts and correctional
institutions.  At the central level, the Ministry
of Public Security and the Ministry of Justice
administer China's police and correctional
institutions, respectively.  The Supreme People's
Court is the highest judicial branch in the
country.  The Supreme People's Procurate is the
highest state branch of legal supervision, with
prosecution as its main function.  The police
departments or bureaus, the justice departments or
bureaus, procurates and courts at various levels
are established to fulfill their respective duties
in their own jurisdictions.  

2. Legal System.

     The legal system of the People's Republic of
China is typically Marxist.  As declared under the
first article of the Criminal Law, Marxist -
Leninist - Mao Zedong Thought are the guiding
principles of the present law.  The legislators in
the People's Republic of China view laws,
especially criminal laws, as the tool of the
ruling class (synonymous with the state), to be
used as a coercive force to repress the ruled. 
The criminal law represents the interests of the
ruling class, which defines certain acts as crime.
     In judicial activities, public security
branches, people's procurates and people's courts
have a division of labor with separate
responsibilities and checks and balances to
guarantee the accurate and effective enforcement
of the law.  The public security branches are
responsible for the investigation, detention, and
preparatory examination of criminal cases.  The
people's procurates are responsible for approving
arrest, conducting  procuratorial work (including
investigation) and initiating public prosecution.
The people's courts are responsible for
adjudication.  The prison or other places of
reform through labor are responsible for sentence
execution.  No other branch, organization, or
individual has the right to exercise their powers.
     An informal justice system, the People's
Mediation of Disputes, does play a significant
part in the justice system.  However, only
criminal cases of private prosecution can be
settled through mediation in the court. 

3. History of Criminal Justice System.

     Historically, each dynasty in China had their
own written statutes and customary laws comprising
their criminal law.  Famous ancient criminal
statutes include the Yuxing criminal laws of the
Xia Dynasty, the Tandxing criminal laws of the
Shang Dynasty, the Jiuxing criminal laws of the
Zhou Dynasty, the Qinlu laws of the Qing Dynasty,
the Hanlu laws of the Han Dynasty, the Tanglu laws
of the Tang Dynasty, the Daminglu criminal code of
the Ming Dynasty, and the Daqing luli criminal
code of the Qing Dynasty.  The common
characteristic among these dynasties was that
their criminal justice systems were operated by
administrative officials.
     With the establishment of the People's
Republic of China in 1949, a new political era was
born in China's 5,000 year history.  When the
Communist Party came into power for the first time
in China, one of its first priorities was to
abolish the laws enacted by the old government and
replace them with new ones.  Upon invalidating the
6 laws of the Kuomintang regime in February, 1949
(e.g. Constitution, Civil Law, Commercial Law,
Criminal Law, Civil Procedure Law, and Criminal
Procedure Law), the new government began to
construct a socialist legal system.
     In 1954, the Constitution of the People's
Republic of China was adopted at the National
People's Congress, the highest legislative body of
the country.  That same year, legislation on
Reform Through Labor of the People's Republic of
China was adopted and in 1957, legislation on
Police of the People's Republic of China was
adopted.  Meanwhile, drafts of new laws such as
Criminal Law, Civil Law, Criminal Procedure Law,
and Civil Procedure Law were prepared and
continually revised.
     The "Cultural Revolution" initiated in 1966
broke off the course of legal construction in
China.  Twelve years later, the Third Plenary
Session of the 11th Central Committee of the
Chinese Communist Party held in December, 1978,
decided to end the "Cultural Revolution" campaign
and put great emphasis on the institutionalization
and legislation of the socialist democracy and on
the stability, continuity and authority of law. 
Thereafter, legal reconstruction began in China. 
After the draft was revised more than 30 times,
the Criminal Law of the People's Republic of China
was finally adopted at the 2nd session of the 5th
National People's Congress in July, 1979. The
Criminal Procedure Law of the People's Republic of
China was also adopted at the same session in
1979. 
     It took 30 years for the People's Republic of
China to enact its first laws.  Until 1979 there
were no legal standards to guide judges to try
criminals.  As a supplement to the Criminal Law, a
special law called The Interim Regulations of the
People's Republic of China Concerning the
Punishment of Servicemen in Violation of their
Duty, and 12 other amendments to the Criminal Law
have been adopted by National People's Congress. 
In 1982, amendments to the Constitution of the
People's Republic of China were adopted and in
1990, the Decision of the Standing Committee of
the National People's Congress Regarding the
Prohibition of Drugs was established.

CRIME

1. Classification of Crimes.

* Legal classification.  In the Criminal Law,
crimes are classified into eight categories
according to the object of the crime: 1) crimes of
counterrevolution, which are crimes endangering
the People's Republic of China such as treason,
espionage, and mass rebellion; 2) crimes of
endangering public security, which are crimes
endangering the life and wealth of many people, as
well as the security of public and private
property, such as arson, breach dikes, explosions,
spreading poison, causing traffic accidents,
illegal manufacturing, trading in or transporting
guns or ammunition, and causing major productive
accidents; 3) crimes of undermining the socialist
economic order, which includes smuggling,
speculation, falsely passing off trade marks, and
illegally chopping down trees; 4) crimes of
infringing upon the right of the person and the
democratic rights of citizens, such as homicide,
bodily injury, rape, forcing women into
prostitution, abducting and selling people,
unlawful detention of another person, unlawful
intrusion into another person's residence, falsely
accusing and framing, defamation, insult and
humiliation, giving false evidence or testimony,
and using torture to coerce a statement; 5) crimes
of property violation, such as robbery, stealing,
swindling, corruption, and extortion by blackmail;
6) crimes of disrupting social order, such as
disrupting public affairs, official documents,
certificates or seals, harboring criminals,
concealing stolen goods, hooligan activities, and
gambling; 7) crimes of disrupting marriage and the
family, such as bigamy, abuse of a family member,
abandonment, and abducting a child; and 8) crimes
of dereliction of duty, such as bribery and
subjecting imprisoned persons to corporal
punishment and abuse. 
     In addition, Criminal Procedure Law
categorizes crimes into Crimes of Public
Prosecution and Crimes of Private Prosecution.

* Age of criminal responsibility.  The age of
criminal responsibility is 16.  However, a person
between the ages of 14 and 16 who commits
homicide, infliction of serious bodily injury,
robbery, arson, habitual theft, or any other crime
which seriously undermines the social order bears
full criminal  responsibility.  Under this
circumstance, the severity of the punishment is
lighter or mitigated.  The death penalty is not
allowed to be imposed on a person under the age of
18.  When a person is not punished because he or
she is under 16 years-old, the head of the family
or guardian is ordered to subject the person to
discipline.  When necessary, the person may also
be given shelter and rehabilitation by the
government.

* Drug offenses.  Drug offenses as defined in the
Criminal Law include the manufacturing, selling
and transportation of drugs.  Heroin and opium are
the most prevalent drugs that are sold.  Using
drugs is not a criminal offense.  As an amendment
to the Criminal Law, the Decision of the Standing
Committee of the National People's Congress on the
Strict Prohibition Against Narcotic Drugs includes
holding drugs (possession) or taking actions to
lure, instigate, deceive and/or force others to
use drugs as among drug-related crimes.

2. Crime Statistics.

     Until 1986, crime statistics had not been
disclosed to the public.  In 1987, the Ministry of
Public Security presented the first group of crime
statistics data in the China Law Yearbook of 1987.
The data included statistics from 1981 to 1986 and
was compiled by the China Law Society, which has
thereafter published updates of criminal justice
data every year.  The data presented by the
Ministry included the number of crimes recorded by
the police, the rates of recorded crime and the
number of arrests made by the police.
     The following data are from the Chinese Law
yearbook (1991, 1992).  The offenses are based on
administrative definitions used by the public
security branches.      

* Murder.  There were 23,199 murders recorded by
the police in 1991 (The number of murders recorded by police in
previous years are as follows:  21,214 (1990); 
19,590 (1989); 15,959 (1988); 13,154 (1987);
11,510 (1986); 10,440 (1985); 9,021 (1984); 10,353
(1983); 9,324 (1982); and 9,576 (1981)).
 Attempts are included.

* Rape.  There were 50,331 cases of rape recorded
by the police in 1991 (The number of rape cases reported by police in
previous years are as follows:  47,782 (1990);
40,909 (1989); 34,120 (1988); 37,225 (1987);
39,121 (1986); 37,712 (1985); 44,630 (1984);
57,914 (1983); 35,361 (1982); and 30,808 (1981)).
  Attempts are included.

* Theft.  There were 1,922,506 cases of larceny
recorded by police in 1991 (The number 
of larceny cases recorded by police
in previous years are as follows:  1,860,793
(1990); 1,673,222 (1989); 658,683 (1988); 435,235
(1987); 425,845 (1986); 431,323 (1985); 395,319
(1984); 571,255 (1983); 609,481 (1982); and
744,376 (1981)). 
Attempts are included.

* Drug offenses.  There were 8,344 drug offense
cases recorded by the police in 1991, at a rate of
.70 per 100,000 population.  Attempts are not
included.

* Crime regions.  The crime rate is much higher in
the South East Coastal provinces which is a more
open, economically prosperous and densely
populated area.  Most drug offenders are from the
Yunnan Province and Guangxi Autonomous Region in
South West China.  Both areas are close to the
Golden Triangle Area, one of the most  notable
drug sources in the world.
     Generally, the overall crime rate in cities
is much higher than the rural areas.  The crimes
of abducting women and children are higher in the
rural areas of Sichuan Province, Henan Province,
Shandong Province than other rural provinces. 
Also coastal areas, such as the Guangdong
Province, Fujian Province, Zhejiang Province and
Shenzhen Special District, have higher crime rates
than landlocked areas.

VICTIMS

1. Groups Most Victimized by Crime.  

     The first victimization survey is presently
being planned with technical and financial
assistance from the United Nations Interregional
Crime and Justice Research Institute.

2. Victims' Assistance Agencies. 

     China has not established victims' assistance
agencies, but some organizations for youth and
women have provided economic and legal aid and
psychological counseling.  Also, some mental
health departments as well as psychologists,
psychiatrists, and sociologists have established
mental clinics or hot-line telephones for
psychological counseling.
     In addition, criminal law stipulates, "Where
the victim has suffered economic loss as a result
of a criminal act, the criminal element, in
addition to receiving criminal sanction according
to law, shall in accordance with the circumstances
be sentenced to make compensation for the criminal
loss." 

3. Role of Victim in Prosecution and Sentencing.  
     Victims of crime have the right to bring a
complaint and the right to give evidence.  They
also have the right to claim economic
compensation, through a supplementary civil
action.  A victim can bring a charge against a
criminal in private prosecution cases and
intervene in the court as a third party in public
prosecution cases.  If the victim does not agree
with judgments or orders of the court, he or she
has the right to appeal to a higher court in
private prosecution cases or may petition the
court or the procurate in the public prosecution
cases.

4. Victims' Rights Legislation.  

     China has not passed any special victim's
comprehensive legislation.

POLICE

1. Administration.

     In the People's Republic of China, the police
agencies include the Ministry of Public Security
at the central level, the local public security
bureaus at various levels and public security
forces for railways, highways, navigation, air
transport, forests and other fields.  The
organizational structure from top to bottom is:
Ministry of Public Security, Provincial Public
Security Departments/Bureaus, Prefectural Public
Security Departments/Bureaus, County Public
Security Bureaus, Local Police Stations.  In
addition, the Public Security Offices of Ministry
of Railways and Public Security Offices of
Ministry of Communications also fall under the
authority of the Ministry of Public Security.
     The Ministry of Public Security, which
operates under the State Council, is the highest
police agency in the country.  Local public
security agencies are responsible for the public
security in their respective localities under the
dual leadership of local government and higher
public agencies.  The public security forces for
railways, highways, navigation, air transport,
forests and other special fields are under the
administrative leadership of their respective
ministries or departments and the professional
leadership of higher public security agencies. 
They cooperate closely with the local public
security agencies.
     The Chinese People's Armed Police is a part
of the armed forces in the country, a component of
the public security force and a branch of the
People's police under the leadership of The
Central Military Commission and the Ministry of
Public Security.  The local armed police are under
the leadership of the local public security
agencies and higher organizations of the armed
police.  Their principal duties include inner
guard, frontier control and inspection, exit and
entry control, as well as fire-fighting.

2. Resources.

* Expenditures.  Information not available. 

* Number of police.  In 1991, there were a total
of 1,484,000 police officers, of which 825,000
were people's policemen and 659,000 were armed
policemen.

3. Technology.

* Availability of police automobiles.  On the
average, every police station with at least 7 or 8
policemen has one car.  The higher the number of
policemen in the agency, the higher the number of
cars.  Most police automobiles are made in China.

* Electronic equipment.  The Science and
Technology Bureau, operating under the Ministry of
Public Security, is in charge of national
scientific and technical administration that is
related to the public security.  Computers are
extensively used in criminal investigation,
traffic control and communication.  A fingerprint
search system was computerized in 1986.  In 1987,
a special police communication network linking all
the police agencies at the county level and above
was established.  A radio communication network at
provincial level was also established in the
1980s.

* Weapons.  Police weapons include the baton,
police rope, handcuffs, tear-gas, grenades,
pistols, and semi-automatic rifles.  Although
bulletproof vests are available to police,
information on the police to vest ratio is
unavailable.

4. Training and Qualifications.

     Most police officers graduate from the police
universities of the country or the police
academies of provinces.  Under special
circumstances, police agencies can also recruit
new staff from individuals who do not have a
diploma of police universities or schools.  It is
required, however, for an applicant to be a
graduate of senior high school or university, be
under the age of 25, and have a strong physique.
     There are different levels of training
institutions.  The colleges or academies which are
run by the Ministry of Public Security train the
directors of public security (or bureaus) of
provinces, autonomous regions and municipalities.
The colleges and schools at the level of province,
autonomous region and municipality, train the
directors of county public security bureaus, the
leaders of the public security branch bureaus in
the municipalities and the leader's subordinates,
such as section chiefs and squad heads.  Schools
attached to the prefectures and municipalities
under the provincial government train section
chiefs, station leaders, squad heads and other
police officers.   
     Training periods last for an average of six
months and vary for different trainees. 

5. Discretion.

* Use of force.  The criminal police carry
pistols, batons, and handcuffs when performing
their duties.  They are permitted to use guns to
stop a crime or defend themselves.  Specifically,
they can use deadly force as a last resort to stop
situations where 1) the offender tries to resist
or escape apprehension, steals weapons carried by
police, or attacks police officers while being
arrested or detained; (2) the offender is in the
process of committing a violent crime and putting
citizens' lives in danger; (3) the offender is
attacking an object under guard by the police; (4)
a group of offenders raid a prison and/or
prisoners are escaping, rioting, murdering, or
stealing guns from security officers; or (5) the
offender physically threatens the life of a police
officer.  Before using their pistols, they must
issue an oral warning or fire a warning shot. 
Only when these warnings do not affect the
criminal behavior, can police fire the pistol.

* Stop/apprehend a suspect.  Under the following
circumstances, the police can detain an individual
who, depending on the nature of the crime, has
become a major suspect and/or should be arrested:
(1) the person is preparing to commit a crime, is
committing a crime or is discovered immediately
after committing a crime; (2) the person is
identified as having committed a crime by a victim
or eyewitness; (3) the person is discovered to
have criminal evidence on his person or at his
residence; (4) the person attempts to commit
suicide, to escape or becomes a fugitive after
committing the crime; (5) the person has the
opportunity to destroy or falsify evidence or
collude with others to devise a false account of
events; (6) the person's true identity is unknown
and is suspected of committing crimes in several
geographic areas; or (7) the person is "beating,
smashing and looting" and undermining work,
production or the social order.

* Decision to arrest.  The police can arrest a
suspect with a warrant issued by the Chief
Prosecutor.

* Search and seizure.  The police may conduct
searches of the persons, articles, residences and
other relevant places of defendants for the
purpose of gathering criminal evidence and
apprehending criminals.  They may also search
people believed to be hiding criminals or criminal
evidence.  Before conducting such a search,
officers must show a search warrant to the person
to be searched.  
     A search may be conducted without a search
warrant if an emergency arises during the arrest
or detention process.  The suspect, family
members, neighbors or other eyewitness are usually
present during the search.  If articles or
documents are discovered that can be used to prove
guilt or innocence, they are usually examined by
eyewitnesses and/or the person being searched. 
After the search, an inventory of the seized items
is made in duplicate with one copy given to the
person who was searched.

* Confessions.  According to the Criminal
Procedure Law, it is prohibited to use torture to
coerce confessions or gather evidence through
threats, enticement, deceit or other unlawful
methods.
     Interrogation of the defendant must be
conducted by the investigation personnel of the
people's procuratorates or the public security
branches.  No fewer than 2 investigation personnel
may be present during interrogation.  When
interrogating a defendant, investigation personnel
shall first ask the defendant whether he or she
engaged in a criminal act and then let the
defendant state the circumstances of guilt or
innocence.  The defendant must answer the
investigation personnel's questions according to
the facts, but has the right to refuse to answer
questions that have no relation to the case.  A
person who is proficient in sign language must
participate in the interrogation of a deaf or mute
defendant, and a clear transcript is to be made of
such circumstances.

6. Accountability. 

     Complaints against police misbehavior are
handled by the supervisory bureau or sections
within the Ministry of Public Security or lower
public security branches.  Any citizen may
prosecute the illegal behavior of police officers
and bring the case to a people's procurate or a
people's court, and can initiate petition to the
higher public security branch.  The criminal law
stipulates, "...the use of torture to coerce a
statement is strictly prohibited.  State personnel
who inflict torture on an offender to coerce a
statement are to be sentenced to not more than 3
years of fixed-term imprisonment or criminal
detention.  Whoever causes a person's injury or
disability through corporal punishment is to be
handled under the crime of injury and given a
heavier punishment." (Article 136).

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the Accused.

* Rights of the accused.  In addition to
exercising the right to defend themselves,
defendants may also authorize the following people
to defend them: a) lawyers; b) citizens
recommended by a people's organization or the
defender's unit, or who are authorized by the
people's court; or c) close relatives or guardians
of the defendant.  The accused also has the right
of knowing the nature of the accusation, the right
to participate in proceedings in his or her native
spoken and written language, to apply for new
expert evaluation or inspection during the
courtroom hearing, the right to request the chief
judge to ask certain questions to witnesses or
else ask them directly, the right to make a final
statement after the chief judge has announced the
closing of the debate, the right to raise a
counterclaim against the private prosecutor in a
case of private prosecution and the right to
request that members of the judicial panel, the
court clerk, the public prosecutor, expert witness
or interpreters withdraw from the case. 
     The accused also has the right to appeal and
the right to petition judgments or orders, which
have become legally effective, to the people's
courts or the people's procurates 
     In cases where the public prosecutor appears
in court to bring a public prosecution and the
defendant has not authorized anyone to be his or
her defender, the people's court may designate a
defender.  If the defendant is deaf, mute, or a
minor and has not authorized a defender, the
people's court designates a defender.  The
defender presents materials and opinions
demonstrating the innocence of the defendant.  He
or she can also argue that the crime was minor or
that the defendant should receive mitigated
punishment or be exempted from criminal
responsibility, safeguarding the lawful rights and
interests of the defendant.  During the
adjudication process, the defendant may refuse to
have a defender continue and authorize another
defender instead.

* Assistance to the accused.  An accused is
entitled to call upon the assistance of a defense
lawyer of his or her own choice.  In public
prosecution cases, the court will designate a
defense attorney if the defendant has not already
authorized an attorney for his or her defense.

2. Procedures.

* Preparatory procedures for bringing the suspect
to trial.  After a suspect is arrested, family or
living partners are notified within 24 hours along
with the reasons for his arrest and the place of
custody.  Notification does not occur in cases
where it would hinder the investigation or the
parties are not able to be reached.
     After the police investigate an offense, they
draft an opinion which either recommends
prosecution or exemption from prosecution.  They
then transfer the opinion, case file materials,
and evidence to the procurate at the same level
for review.  The procurate then reviews the case
and makes a decision on whether to prosecute the
suspect.
     If a decision is made to prosecute the
suspect, the procurate then initiates a public
prosecution in the court at the same level.  The
court will review the case prosecuted by the
procurate.  If the facts of the case are clear and
the evidence is sufficient, the court can decide
to open the court session for adjudication, in
which the suspect is formally brought to trial.
The procurate can also grant exemption from
prosecution for certain minor crimes. 

* Official who conducts prosecution.  A member of
the People's Procurate, an independent branch of
the criminal justice system, conducts the
prosecution of the accused.

* Alternatives to going to trial.  Information not
available.

* Proportion of prosecuted cases going to trial. 
Data indicate that 83% of the prosecuted cases
went to trial in 1991.  In that year, the
procurate granted exemption to 48,180 cases which
were recommended for prosecution by the police.

* Pre-trial incarceration conditions.  Police must
conduct an interrogation of the detained person
within 24 hours of being held in custody.  If
there are no grounds found for detention, the
detained person must be released immediately. 
     If the police consider it necessary to arrest
a detained person, they can request the prosecutor
to issue a warrant within three days after
detention.  The prosecutor must make the decision
to approve or disapprove this arrest within three
days.  If the prosecutor does not approve the
arrest, the police are required to release the
detained person immediately after receiving
notice.
     The period for holding an arrestee in custody
during investigation may not exceed two months. 
This period can be extended for one month in cases
with complex circumstances, where the case cannot
be concluded before the two months is over.
     The severity of crime and the dangerousness
of the suspect are key considerations when
deciding whether a suspect should be incarcerated
before or while awaiting trial.  If a suspect is
considered a threat to the community or the crime
carries a prison sentence the suspect is usually
put in jail to await trial.

* Bail procedure.  Defendants are allowed to
obtain a guarantor and await trial out of custody
or to live at home under surveillance.  Defendants
living at home under surveillance are not allowed
to leave their home.
     Defendants for whom there is a lack of
evidence for the case, or who are women and are
pregnant or nursing their own baby, or who are
suffering from a grave illness, are among those
persons allowed to obtain a guarantor.

* Proportion of pre-trial offenders incarcerated.
The annual number of prisoners awaiting trial is
about 400,000.

JUDICIAL SYSTEM

1. Administration.

     There are four levels of courts used to
adjudicate criminal cases, from highest to lowest:
the Supreme People's Court, the Higher People's
Courts, the Intermediate People's Courts and the
Primary People's Courts.

Supreme People's Court.  At the central level,
this court is the highest judicial branch of the
state.  It handles major criminal cases that have
national importance, and appeals or protests
brought against the judgments and orders of the
Higher People's Court and the People's Military
Court.  Cases of protest brought by the Supreme
People's Procurate in accordance with the
procedures of judicial supervision are also heard.
In addition, the Court supervises the
administration of justice by lower courts at
different levels, such as the Higher People's
Courts and the several military courts in
operation (e.g. Military Courts of Greater Areas
and Different Arms and Services; Primary Military
Courts).

Higher People's Courts.  These courts are set up
in the different provinces, autonomous regions and
municipalities.  As of 1991, there were 31 Higher
People's Courts in the country.  These courts
handle cases of first instance, cases that are
transferred from people's courts at lower levels,
cases of appeals and protests brought against
judgments and orders of the Intermediate People's
Courts, and cases of protests brought by people's
procurates in accordance with the procedures of
judicial supervision.  It also supervises the
administration of justice by lower courts.  The
Maritime Courts, Intermediate Railway Transport
Courts, and Primary Railway Transport Courts all
operate under the authority of the Higher People's
Courts.

Intermediate Courts.  Intermediate courts are
established in the prefectures, cities and
autonomous prefectures within the jurisdiction of
provinces and municipalities.  As of 1991, there
were 377 Intermediate People's Courts in the
country. 
     These courts handle cases of first instance,
cases that are transferred from the Primary
People's Courts, appeals and protests brought
against judgments and orders of the Primary
People's Courts and cases of protests lodged by
the people's procurates in accordance with the
procedures of judicial supervision.  They also
supervise the administration of justice by the
Primary People's Courts.

Primary People's Courts.  The Primary People's
Courts are established in counties, autonomous
counties, cities (at country level) and municipal
districts.  As of 1991, there were 3,057 Primary
People's Courts.  These courts handle all criminal
cases, except those that fall within the
jurisdiction of the higher level courts.  

2. Special Courts.

     The Primary People's Court may set up a
certain number of people's tribunals in the area
under its jurisdiction, depending on the local
conditions, population size and crime rate.  A
people's tribunal is a component of the Primary
People's Court.  Its sentences and orders carry
the same impact and meaning as those of the
Primary People's Courts.  As of 1991, there were
3,150 people's tribunals. 

3. Judges.  

* Number of judges.  As of 1991, there were
138,459 judges, among whom 119,966 were male,
18,493 were female; 126,450 were Han (ethnic
Chinese) and 12,009 were from various minorities.
     In 1991, there were 3,312 presidents of the
people's courts at various levels, of which there
were 73 female presidents and 545 minority
nationality presidents.  There were 45,311
presidents of chambers, of which there were 2,572
female and 3,831 minority nationality presidents.

* Appointments and Qualifications.  The president
of the Supreme People's Court is elected by the
National People's Congress.  The vice-presidents,
presidents and vice-presidents of the chambers,
and judges of the Supreme People's Court are
appointed or removed by the Standing Committee of
the National People's Congress.  The presidents of
local people's courts are elected by the local
people's congress at different levels.  
     Citizens who have reached the age of 23 and
have the right to vote and the right to be elected
may be elected as the presidents of the people's
courts or appointed as the vice-presidents and
presidents of the chambers, or appointed judges of
people's courts.  Persons who have been deprived
of their political rights are excluded.      
Judges, at various levels, must be graduates of
higher or secondary legal schools, or have
received special legal training, mastered
professional legal knowledge, or had practical
experiences.
     China has established the National Sparetime
University of Judges and training centers for the
training of judges.  At the end of 1991, these
centers had produced more than 35,000 graduates
and had enrollments of more than 50,000 students.
In addition, the Supreme People's Court
established the Chinese Training Center for Senior
judges.

PENALTIES AND SENTENCING

1. Sentencing Process.

* Who determines the sentence?  Except in cases
under private prosecution, all cases of first
instance are tried by a collegial panel which
consists of one judge and two people's
representatives, who decide the guilt of the
defendant and the sentence to be imposed if the
defendant is found guilty.
     Adjudication of cases in the first instance
in the high people's courts or the Supreme
People's Court are conducted by a collegial panel
composed of 1 to 3 judges  and 2 to 4 people's
assessors.  In carrying out their duties in the
people's courts, people's assessor have equal
rights as judges.
     Adjudication of appealed and protested cases
in the people's courts is conducted by a collegial
panel composed of 3 to 5 judges.

* Is there a special sentencing hearing? 
Information not available.

* Which persons have input into the sentencing
process? When deciding the punishment of a
criminal, the collegial panel imposes the sentence
based on the facts of the crime, the nature and
circumstances of the crime, and the degree of harm
done to society, in accordance with the relevant
stipulations of the criminal law.  All property
illegally obtained by the criminal is to be
recovered.  The criminal is then ordered to make
restitution or pay compensation for them. 
Contraband and the criminal's own articles of
property used for committing the crime are
confiscated.  When the collegial panel is deciding
the sentence, if opinions diverge, the minority
defers to the majority, although the opinion of
the minority is still entered into the transcript.
     All major or difficult cases, where the
president of the court considers it necessary to
submit the matter to the adjudication committee
for discussion, are to be submitted by the
president of the court to the adjudication
committee for discussion and decision.  The
collegial panel carries out the decisions of the
adjudication committee. 

2. Types of Penalties.

* Range of penalties.  There are 5 types of
principal penalties and 3 kinds of accessory
penalties provided in the criminal law.  Principal
penalties include: 1) Guanzhi (control); 2) Juyi
(criminal detention; 3) fixed-term imprisonment;
4) life imprisonment; and 5) the death penalty.  
     Guanzhi is imposed for minor offenses.  The
offender usually continues to work in his or her
place of employment and continues to receive
normal wages, while undergoing the supervision of
public security agents.  The offender is required
to make periodic reports of his or her
circumstances.  This penalty can be set for a
period of 3 months to 2 years.
     Juyi is also imposed for minor offenses.  The
offender is deprived of freedom and confined in a
detention house, rather than a prison institution.
The offender may go home 1 or 2 days each month
and be paid for work.  This penalty can be set for
a period of 15 days to 6 months.
     Fixed-term imprisonment periods can be set
between 6 months to 15 years.  However, the
sentence may reach 20 years when combined with
other penalties.
     Accessory penalties include: fine,
deprivation of political rights and confiscation
of property.  The supplementary punishments can
also be applied independently.

* Death penalty.  Under criminal law, the death
penalty is reserved for serious crimes such as
murder, rape and serious property crimes. 
However, it cannot be imposed on juveniles under
the age of 18 or women who are pregnant at the
time of adjudication.  Persons between 16 and 18
years-old may be sentenced to death if the crime
is particularly heinous.  However, they are also
given a two-year suspension of execution period.
     If a criminal is sentenced to death, but
immediate execution is not essential, a two-year
suspension of execution may be announced at the
same time the sentence is imposed, followed by the
carrying out of reform-through-labor activities. 
If the offender repents and demonstrates
meritorious service upon the expiration of the
two-year period, his or her sentence may be
reduced to fixed imprisonment between 15 and 20
years.  If there is evidence that the offender
resisted reform in an odious manner, the death
penalty is to be executed upon the order or
approval of the Supreme People's Court.  The
method of execution is by shooting.

PRISON

1. Description.

* Number of prisons and type.  Prisons are
commonly called, reform-through-labor organs or
labor reform institutions.  There are mainly 5
types of incarcerative institutions: 1)prisons; 2)
reform-through-labor institutions, in which
criminals are sentenced to a minimum of 1 year
fixed-term imprisonment; 3) reform house of
juvenile delinquents; 4) Juyi house (criminal
detention house), which houses offenders sentenced
to criminal detention; and the 5) Kanshou house
(detention house), which houses offenders awaiting
trial.
     As of 1991, there were 684 prison
institutions including Reform-Through-Labor Teams
and Juvenile Reformatories.

* Number of prison beds.  Information not
available

* Average daily population/number of prisoners. 
In 1991, the daily average correctional
institution population was 1,206,975, of whom
97.85% were male and 2.15% were female.  In terms
of ethnicity, 91.59% were Hans and 8.41% were
minorities.

* Number of annual admissions.  In 1991, the
number of admissions was estimated at 300,000.

* Actual or estimated proportions of inmates
incarcerated.  The actual percentage of inmates
incarcerated for various crimes are the following:

Drug Crimes        .8%
Violent Crimes   34.4%
Property Crimes  60.6%
Other             4.2%

2. Administration.  

* Administration.  The prison system is composed
of the Reform-Through-Labor Administration (which
operates under the authority of the Ministry of
Justice), the Reform-Through-Labor Bureau
(operating under authority of the Justice Offices
(bureau) of provinces, autonomous regions and
municipalities), and various prisons.  Prison
administration generally involves addressing the
following activities: vocational guidance of
national reform through labor work; controlling
the nation-wide implementation of reform through
labor policies; inspecting work quality of
inmates; facilitating the sharing of work
experiences between inmates; studying and drafting
the regulations concerning prison administration
and other related regulations and supervising
their implementation; organizing and guiding the
prison bureau of provinces, autonomous regions and
municipalities formulating the plans and measures
of reforming criminals; organizing the compiling
of material for educating criminals; assisting the
departments concerned in arranging for the
placement of those released from prisons; and
providing vocational training to correctional
officers.
     Correctional institutions include prisons,
Reform Through Labor Teams and Juvenile
Reformatories.  The Reform Through Labor Bureaus
are in charge of reform through labor work and
exercise direct leadership over various prisons in
their own jurisdictions.
     Those incarcerated in prisons are:  offenders
given death sentences with a two-year suspension,
offenders sentenced to life imprisonment,
offenders who must serve at least 10 years in
prison before release, foreign offenders and
female offenders.  The rest of the offenders given
incarcerative sentences are held in the
Reform-Through-Labor Teams.  Juvenile
Reformatories provide special correctional
services to juvenile delinquents.

* Prison guards.  As of 1991, there were nearly
200,000 uniformed prison officers, whom are called
cadres.

* Training and qualifications.  Most correctional
officers are graduates of correctional academies
or are prior military men.  There are two levels
of training institutions.  The Central
Administrative Cadres of College for
Reform-Through-Labor and Reeducation Through
Labor, located in Baoding, Hebei Province, exists
at the central level as an advanced training
institute for senior officers such as wardens. 
Correctional schools at the provincial level train
the other correctional officers.

* Expenditure on the prison system. Information
not available.

3. Prison conditions.  

* Remissions.  Under law, prisoners can have
sentences reduced for good behavior or be released
on parole.  Parole is granted to prisoners who
have served more than half of their sentences and
who show improvement in their behavior and/or
attitude.  In 1990, 16.3% of all offenders serving
a sentence had their sentence reduced or were
released on parole.  This figure increased to
18.35% in 1991. 

* Work/education.  Prison conditions generally
correspond to living conditions in Chinese
communities.  Under Chinese law, all inmates who
are able to work must do so, but inmates who are
unable to work because they are old, ill or
otherwise unfit to work do not participate in
work.  In 1990, about 10% of the prison population
did not participate in work activities.  
     Prisons provide both educational and
vocational programs.  In fact, prisoners have the
right to make reasonable suggestions concerning
management, educational programs, production,
recreational activities, or sanitary conditions of
their institution.  
     Since 1981, the Chinese government has
included education of criminals in its national
education program.  Where conditions permit,
special educational institutions are set up for
formal and institutionalized legal, moral,
cultural, and technical education of prisoners. 
By the end of 1991, 72.82% of all prison and
reform-through-labor branches had established such
special schools.  The school has a dean, teachers'
office, and a teaching program and curriculum
prepared each term, each year.  Prisoners study
about 2 hours a day.  Teaching staff are
especially selected for the school; some are
chosen from among the prisoners with a higher
education level.  Prisoners who have attended
classes and pass exams given by the local
educational department are given educational
certificates equivalent to those issued by outside
educational institutions.
     By the end of 1991, over 12,000 classes of
various kinds were being offered in prisons and
reform-through-labor branches.  Over 518,000
prisoners attended the classes.  92.35% of those
eligible to attend were admitted.  There were
5,300 prisoners studying through classes offered
in publications, correspondence colleges,
part-time colleges and television college
programs.  Four thousand prisoners took higher
education exams for self-study.
     Vocational education is a major part of the
education program.  In 1991, over 561,000
prisoners took part in training courses for
various skills, representing 83.18% of the total
number of eligible prisoners.  A total of 546,000
certificates for various levels of technical
proficiency were issued to prisoners by societal
labor departments.

* Amenities/privileges.  The state guarantees
material needs such as food, clothing, housing,
etc.  In addition, prisoners have the right to an
appeal, the right to protection against assault on
their human dignity or personal safety, the right
to believe in a religion, certain civil rights,
and the right to vote, unless they have been
stripped of their political rights.
     Recreational, cultural, and sports activities
are offered to create a positive atmosphere for
change among the prisoners.  Prisoners have the
right to exchange letters with relatives and
friends.  Family members are encouraged to promote
change in the prisoners.  Prisoners are allowed
regular visits from family members, no more than
twice a month.  However, special visits can be set
up so that family members can advise troubled
prisoners who are not progressing steadily toward
reform.
     Prisoners can obtain medical treatment in
prison or in community hospitals.  Group therapy
and counseling is also available.  Prisoners have
a general right to maintain good health.  They
enjoy free medical care and receive a regular
medical check up once a year.  There is a total of
2,944 medical institutions of various kinds in the
prisons and reform-through-labor institutions. 
For every 1,000 prisoners, there are 3.54 medical
doctors and 14.8 hospital beds available.

EXTRADITION AND TREATIES 

* Extradition.  China has not signed any bilateral
or multilateral treaty concerning criminal
extradition with any other country.  China has
acceded to 3 international conventions between
1978 and 1980.  Under the Convention on Offenses
and Certain Other Acts Committed on Board Aircraft
(1963), Convention for the Suppression of Unlawful
Seizure of Aircraft (1970), and Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation (1971), criminals who make unlawful
seizure of aircraft may be extradited to or from
the countries or regions that acceded to the three
conventions.  For example, China extradited
criminals who committed aircraft hijacking from
Japan.
     In 1984, China became a member state of the
International Criminal Police Organization (ICPO).
Some criminals have been wanted for arrest by the
ICPO.

* Exchange and transfer of prisoners.  There have
been several cases in which suspects were
transferred from foreign countries to China
through the diplomatic channels.  

* Specified Conditions.  Information not available

SOURCES

Cheng Guangzhong.  Science of Criminal Procedure
     Law. (China University of Politics and Law),
     1990.
China Law Society, China Law Yearbook 1987.
     (Beijing: Law Publishing House), 1987.
China Law Society, China Law Yearbook 1988.
     (Beijing: Law Publishing House), 1988.
China Law Society, China Law Yearbook 1989.
     (Beijing: Law Publishing House), 1989.
China Law Society, China Law Yearbook 1990. 
     (Beijing: Law Publishing House), 1990.
China Law Society, China Law Yearbook 1991. 
     (Beijing: Law Publishing House), 1991.
China Law Society, China Law Yearbook 1992. 
     (Beijing: Law Publishing House), 1992.
Constitution of The People's Republic Of China,
     (Beijing: Law Publishing House), 1982.
Gao Mingxuan, et.al., Science of Criminal Law.
     (The Law  Publishing House), 1988.
Guo Xiang, et.al., Dictionary of Criminology.
     (Shanghai People's  Publishing House), 1989.
Guo Xiang, et.al. Situations of Crimes in China
     (1990-1992),  Unpublished.
Guo, Xiang, et.al. On Organized Crimes and
     International Crimes. Unpublished.
Information Office of the State Council. Criminal
     Reform in  China. Beijing, China. 1992.
Kang Shuhua, et. al., Introduction to Criminology.
     (Beijing  University), 1992.
Lei Yu, eds., The Public Security Work of The
     Contemporary China, (Beijing: The
     Contemporary China Press), 1992.
Li Junren. Studies on Recidivism of China. (Law
     Publishing  House), 1992.
Li Shiying, et.al., Procuratorial Systems of
     Contemporary. (The  Chinese Social Science
     Publishing House), 1988.
Li Xingjian.  Studies on Structure of Criminal
     Procedure. (China  University of Politics and
     Law), 1992.
Lu Mingjian. A Course in Justice System of China.
     (People's  Court), 1991.
Ministry of Justice, Introduction to The Ministry
     of Justice of The People's Republic of China.
     (Beijing: Ministry of Justice), 1990.
Ministry of Public Security, Thirty Seven Years of
     The Public Security Work In the People's
     Republic Of China. (Beijing: Ministry of
     Public Security), 1987.
The Criminal Law and the Criminal Procedure Law of
     The People's Republic of China, (Beijing:
     Foreign Languages Press), 1984.
The Supreme People's Court, Handbook of Criminal
     Justice.  (Beijing: The Supreme People's
     Court), 1986.
The Supreme People's Court, The People's Courts In
     The People's Republic of China. (Beijing: The
     Supreme People's Court), 1991. 
Wang Huaian, et.al., The Corpus of Laws and
     Regulations of The  People's Republic of
     China. (Jilin People's Publishing  House),
     1988.
Wang Fang, et.al., Public Security Works of
     Contemporary China.  Publishing House of
     Contemporary China), 1992.
Xu Zhangrun, Science of Prison. (Chinese People's
     Public Security  University), 1991.
Yang Chunxi, et.al., Encyclopedia of Criminal
     Sciences. (Nanjing  University), 1990.

Jianan Guo
Associate Professor
Institute for Crime Prevention
Ministry of Justice
Beijing 100016
P.R. China

Guo Xiang
Professor and Director
Institute of Legal Sociology 
 and Juvenile Delinquency
China University of Politics and Law
41 Xue Yuan Road
Beijing 100088
China
Tel: 2015577 Ext.2310/2902
               
Wu Zongxian
Associate Professor
Institute of Crime Prevention 
 and Reform Through Labour
Ministry of Justice of China
441 Xue Yuan Road
Beijing 100088
China
Tel: 2015577-3024

Xu Zhangrun
Associate Professor
Department of Law
China University of Politics and Law
41 Xue Yuan Road
Beijing 100088
China

Peng Xiaohui
Lecturer
China University of Politics and Law
41 Xue Yuan Road
Beijing 100088
China

Li Shuangshuang 
Lecturer
China University of Politics and Law
41 Xue Yuan Road
Beijing 100088
China