The 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: Paperback / softback
Length: 168 pages
Publication date: 26 September 2022
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 among the public but also effectively addresses the punitive demands of the community. 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, which was introduced in 2011 and aimed to amend several penalties related to road, drug, and environmental safety. This amendment marked a significant turning point in the criminal justice system of China, as it was based on the principles of the multiple streams theory proposed by John Kingdon. The book delves into the origins of the legislative process and its outcomes by examining the roles of public opinion, policy experts, and political actors in shaping Chinese criminal law.

In authoritarian 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 process of criminal lawmaking has undergone a remarkable transformation, becoming more responsive and inclusive than ever before. While it remains within the framework set by the CCP, including consultations with elites such as representatives of the Lianghui, government ministries, academics, and others, it has become more open to public participation and engagement. This increased responsiveness has not only generated popular expectations of legislative participation but also effectively met the punitive demands of the public.

The book offers valuable insights into the complex dynamics of criminal lawmaking in China, particularly in the context of an authoritarian regime. It sheds light on the interplay between public opinion, policy experts, and political actors, and how they contribute to the shaping of criminal law. By examining the origins of the legislative process and its outcomes, the book provides a comprehensive understanding of the factors that influence criminal law in China.

The book will appeal to academics and researchers in the fields of Chinese criminal law and comparative law, as well as those interested in understanding the broader social and political implications of criminal law in authoritarian regimes. It offers a valuable contribution to the existing literature on Chinese criminal law and provides a fresh perspective on the transformative power.

Weight: 288g
Dimension: 155 x 234 x 16 (mm)
ISBN-13: 9780367674731