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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front Law Chin    2008, Vol. 3 Issue (4) : 477-493    https://doi.org/10.1007/s11463-008-0022-8
research-article
Deliberation on adjusting Chinese criminal law structure
LIU Renwen
Law Institution, Chinese Academy of Social Sciences, Beijing 100720, China
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Abstract

There are two problems with regard to the structure of Chinese criminal law. Firstly, the crimes that are defined in the Chinese criminal code are approximately equal to the felonies that are defined in the western criminal codes, while re-education through labor and penalty for administration of public security similar to the misdemeanors and violations in western countries respectively are not included in the Chinese criminal code, and meanwhile the security measures have not been systematized. Secondly, crimes and penalties, except in criminal law, can not be prescribed in administrative laws and economic laws, and such single track system of conviction and sentencing fails to satisfy the current social situation in which the number of mala prohibia has increased so much. The way to reform Chinese criminal law structure: Firstly, it is to establish a double track system, where mala prohibia should be prescribed in the related administrative laws or economic laws; secondly, a comprehensive criminal code should be reformulated in which felonies, misdemeanors, violations and security measures are all included.

Keywords criminal law structure      uniform criminal code      single track system      double track system     
Corresponding Author(s): LIU Renwen,Email:renwen_liu@163.com   
Issue Date: 05 December 2008
 Cite this article:   
LIU Renwen. Deliberation on adjusting Chinese criminal law structure[J]. Front Law Chin, 2008, 3(4): 477-493.
 URL:  
https://academic.hep.com.cn/flc/EN/10.1007/s11463-008-0022-8
https://academic.hep.com.cn/flc/EN/Y2008/V3/I4/477
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