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Life of a Law Student, University of Houston Law Center

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Chinese Criminal Procedure Law

By: Luke Gilman | Other Posts by
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One of the joys of discovering a new website is that there’s a little treasure trove of old posts to go through before you have to wait for them to write something new and interesting. From my new favorite read, totalitarianism today, Rights in the People’s Republic.

The Chinese Criminal Procedure Law, adopted in 1997, offers a little evening chuckle for those lacking the warm glow of cable television. Let it be known that Articles I and II allow peaceful coexistence of personal property rights and “socialist public order”

The NY Times had an excellent series of articles some time ago on the evolving status of legal rights and lawyers in the “People’s” Republic. See my old posts in High on the Hog 1.0.

Obviously I’m no expert in chinese criminal law but reading that last line on maintaining the ‘socialist public order’ send shivers down my spine. What does it do to a system of criminal laws when one of the statutory goals of the scheme is the propagation of socialist public order? I’m thinking utilitarianism run amok. It also has me thinking about how interesting it would be to study the policy and practice of criminal law in different countries, particularly the divergence of statutory ideals and cultural pragmatism. If anyone has some suggested reading, drop me a note in the comments.

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Category: criminal law, international and comparative law

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