China’s Implementation of the United Nations Convention against Transnational Organized Crime

Seven years since signing and four years into its implementation, how well is China living up to the terms and spirit of the United Nations Convention against Transnational Organized Crime (UNTOC)? This paper reviews China’s compliance with UNTOC’s requirements concerning domestic criminal law and concludes that current P.R.C. law is substantially in conformity with UNTOC, though further legislative action is necessary to achieve full compliance. Looking beyond the law on the books, China continues to be a staunch supporter of international cooperation, as called for by UNTOC. Yet UNTOC has received scant attention in China compared with other multilateral instruments in the criminal justice realm. The timeline of reform begs the question whether UNTOC is responsible for goading China into taking any concrete legislative action. This paper posits that, in the absence of UNTOC, China’s domestic law would look exactly the same today.