New Crime In China: Public Order And Human Rights

摘要

of the criminal justice treatment of falun gong adherents; family violence including domestic violence and trafficking in women and children; organized crime including terrorist organizations, drug trafficking and smuggling illegal emigrants; and cyber crime including crimes relating to network security and internet crime.rnIn examining these crimes, the authors focus on the arguments made by China's "jurists," an amorphous category of legal reform advocates comprising legal academics and some judges, procurators and legislators. According to these reform jurists, the revised Criminal Law and Criminal Procedure Law "entrenched three key principles relating to the punishment that must fit the crime, equality before the law, and no crime without a law" (p. 3). Keith and Lin identify as a corollary to this principle of "legality" the important shift in the criminal law at that time to "comprehensive and specific stipulation" of offences in contrast to the former preference for "flexibility," which "had been used to justify casual and unqualified, state-directed analogy in law and the opportunistic substitution of state policy for law" (p. 3). Another conceptual tool employed by the authors to examine the legal treatment of crime since 1997 is the interaction between rule of law and rule of virtue.