Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment

The book explores the reasons behind the preventive criminalization of Chinese criminal law, arguing that the shift of criminal law generates popular expectations of legislative participation and meets punitive demands of the public, but lacks effective constraints, restricting peoples freedom in the future. It is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug, and environmental safety. 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 CCPs leadership, and the process of criminal lawmaking has become more responsive and inclusive.

Format: Hardback
Length: 168 pages
Publication date: 09 March 2021
Publisher: Taylor & Francis Ltd

This book delves into the compelling reasons behind the preventive criminalization of Chinese criminal law, shedding light on the transformative impact of this legal shift. By examining the underlying motivations behind the criminalization of certain behaviors, the book argues that the shift in criminal law not only generates widespread expectations of legislative participation but also effectively addresses the punitive demands of the public. However, it is crucial to acknowledge that the expansion of criminal law lacks sufficient effective constraints, which may continue to limit individuals' freedom in the future.

The inspiration for this book stems from the eighth amendment of Chinese criminal law in 2011, which introduced significant amendments related to road, drug, and environmental safety. This amendment marked a pivotal moment in the criminal justice system, as subsequent amendments have been built upon it. The amendment was prompted by a series of nationally recognized incidents that sparked widespread public dissatisfaction with the Chinese criminal justice system.

The book adopts John Kingdon's theory of the multiple streams to explore the origins and outcomes of the legislative process in China. By examining the roles of public opinion, policy experts, and political actors, the book sheds light on how Chinese criminal law is shaped. It argues that in the authoritarian context of China, the prominence of risk control through criminal justice methods is a response to the uncertainties generated by reforms under the leadership of the Chinese Communist Party (CCP). The criminal lawmaking process has become more responsive and inclusive than ever before, engaging a broader range of stakeholders, including representatives from the Lianghui, government ministries, academics, and others.

While the process remains within the framework set by the CCP, including consultation with elites, it has enhanced the CCP's legitimacy by generating popular expectations of legislative participation and meeting the punitive demands of the public. This book will be of immense interest to academics and researchers in the fields of Chinese criminal law and comparative law, offering valuable insights into the complex dynamics of legal development and governance in China.

Weight: 422g
Dimension: 159 x 242 x 22 (mm)
ISBN-13: 9780367674670