The Making of Chinese Criminal Law
The Preventive Shift in the Context of the Eighth Amendment
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By examining the reasons behind preventive criminalization of the 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 law making 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.
Table of Contents
Chapter 1: Introduction
Chapter 2: Reforms in Chinese Criminal Law and Their Implications
Chapter 3: The History of Lawmaking and the Multiple Streams Approach
Chapter 4: Problem Stream for Chinese Criminal Law Making
Chapter 5: Policy Stream for Chinese Criminal Law Making
Chapter 6: Political Stream for Chinese Criminal Law Making: Role of the CCP and the Bureaucracy
Chapter 7: The Role of the State in the Criminal Justice System: Through a Comparative Perspective
Chapter 8: Policy Window of the Chinese Criminal Law Making and Conclusion
Ying Ji is Assistant Professor at the Law School of the University of International Business and Economics, Beijing, China.