During the period 1924-1949, amid civil war with the KMT, war with the Japanese, internal leadership disputes, and other chaotic conditions, rapid shifts occurred in the political culture of China. Patricia Griffin contends that an understanding of how the Chinese Communists created a legal system at this time is essential to a grasp of more recent events. Focusing on the Communists' definition and treatment of counterrevolutionaries, she describes and assesses the contribution of environment, ideology, and leadership in the development of legal techniques used by the Communists in their rise to power. In this book, translations of the major statutes concerning counterrevolutionaries during the period, together with an account of the growth of counterrevolutionary law and the legal structure, explain how the counterrevolutionaries were dealt with and how their treatment changed in response to external and internal stimuli. The author analyzes the roles of ideology and experience as determinants of law toward counterrevolutionaries and, in a final chapter, discusses the implications of the early experience for future legal developments in China. Her topic is of vital importance because of the politically sensitive nature of the subject matter and because of the time period examined. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the Peoples Republic of China. Chinas current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRCs first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese lawthe development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice systemsuch as the court, the procuracy, lawyers, and criminal procedureand the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with Chinas political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
Many books have tried to analyze the reasons for the Chinese communist success in China's 1945_1949 civil war, but Suzanne Pepper's seminal work was the first and remains the only comprehensive analysis of how the ruling Nationalists lost that war_not just militarily, but by alienating the civilian population through corruption and incompetence. Now available in a new edition, this authoritative investigation of Kuomintang failure and communist success explores the new research and archival resources available for assessing this pivotal period in contemporary Chinese history. Even more relevant today given the contemporary debates in Hong Kong and Taiwan over the terms of reunification with a communist-led national government in Beijing, this book is essential reading for anyone seeking a nuanced understanding of twentieth-century Chinese politics.
An examination of the enormous changes in Chinese society in the first half of the 20th century through the lens of the Chinese prison system. More than a simple history of prison rules or penal administration, the text offers a social and cultural analysis of the Chinese prison system that explores the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.
This book, first published in 1982, is an in-depth study of the process of ‘re-education’ undergone by those who had opposed the Communist revolution in China. Told at first hand by several men who had occupied military or government positions of influence, it records their long years in prison and the system of ‘re-education’ – and also, in the interests of balance, examines the system from the side of the Communist leadership.
"China is so big and so diverse that, as in the proverbial blind man touching an elephant, contemporary descriptions that vary dramatically can all be true. Few visitors to glittering Shanghai of Shenzhen, for example, will get any impression of the gaping gray maw of the government's prison camp system that Philip Williams and Yenna Wu, basing themselves on a vast range of Chinese sources, illuminate in erudite detail. The authors look at every facet of the camps, place them within China's historical tradition, and compare them with modern analogues. Throughout, literary and autobiographical sources give the 'feel' for the deadening world of the camps."—Perry Link, author of The Uses of Literature: Life in the Socialist Chinese Literary System "The Great Wall of Confinement deals with issues ranging from the legal grounding—or the lack of any—of the Chinese concentration camp system, to its technical implementation, its discursive manifestation, and its physical as well as psychological impact. A book like this is long overdue. With this work, Williams and Wu have made an important contribution to the fields of Chinese legal and literary studies."—David Der-wei Wang, author of The Monster That Is History "The Great Wall of Confinement is an excellent book. It synthesizes an already significant corpus of writings on Chinese prisons and labor camps, marshals an array of literary sources as essential historical source materials, and compares the literature of Chinese incarceration with its Soviet and European counterparts. The value of this important study stems equally from its tone—a rare combination of a level-headed quality with a very fine sensitivity to the human tragedy recounted in this literature."—Jean-Luc Domenach, author of Où va la Chine? (Where does China Go?) "The Great Wall of Confinement has attempted to lift part of the veil on China's long lasting tragedy: the use of imprisonment, torture, forced labor against its citizens, whether criminals, feeble minded or simply political opponents. The angle is new; the question is to find out how Chinese have written on this subject, whether in fiction or reportage, the way they went about telling their stories, how much they said, or withheld. Through Philip Willams and Yenna Wu's thought-provoking analysis of such writings, of the cultural origins of forced labor and imprisonment in imperial and Communist China, one comes closer to this sinister reality, which remains to this day one of the best kept secrets of our planet."—Marie Holzman, President of the Association Solidarité Chine
Drawing on hundreds of newly released judicial archives and court cases, this book analyzes the communist judicial system in China from its founding period to the death of Mao Zedong. It argues that the communist judicial system was built when the CCP was engaged in a life-or-death struggle with the GMD, meaning that the overriding aim of the judicial system was, from the outset, to safeguard the Party against both internal and external adversaries. This fundamental insecurity and perennial fear of loss of power obsessed the Party throughout the era of Mao and beyond, prompting it to launch numerous political campaigns, which forced communist judicial cadres to choose between upholding basic legal norms and maintaining Party order. In doing all of this, The Communist Judicial System in China, 1927-1976: Building on Fear fills a major lacuna in our understanding of communist-era China.
In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.
When the Chinese Communist Party (CCP) assumed power in October 1949 China was one of the poorest nations in the world and so weak it had been conquered in the late 1930s and early 1940s by its neighbor Japan, a country one-10th its size. More than five decades later, the People’s Republic of China (PRC) is an emerging economic, political, and major military power with the world’s fastest growing economy and largest population (1.35 billion in 2015). A member of the United Nations Security Council since the early 1970s and a nuclear power, China wields enormous influence in the world community while at home what was once a nation of largely poverty-stricken peasants and urban areas with little-to-no industry has been transformed into an increasingly urbanized society with a growing middle class and an industrial and service sector that leads the world in such industries as steel and textiles while becoming a major player in computers and telecommunications. All the while the country has remained under the tight political control of a one-party system dominated by the Chinese Communist Party that despite periods of intense political conflict and turmoil governs China with a membership in 2014 of 88 million people—the largest single organization on earth. This third edition of Historical Dictionary ofthe People's Republic of China contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent access point for students, researchers, and anyone wanting to know more about China.