The People's Republic of China: Possibilities for Comparative Criminology

The People's Republic of China has developed a macro control system based on “political education” and an integrated matrix of social institutions that are in sharp contrast to the criminal justice model of Western nations. This rich opportunity for comparative criminology may become increasingly accessible as a consequence of the current Chinese effort at modernization. This paper explores the nature of the opportunity and the difficulties that must be surmounted.     

Neighborhood and the Police: The People's Republic of China

The neighborhood police station of the People's Republic of China is examined as a form of self-policing. It is an expression of the PRC ideology that is not to be extrapolated directly to the circumstances of Western policing, but the neighborhood police station does illustrate the tendency of law enforcement to emphasize the vertical axis of the community that advances the interests of external power over service to the needs of the neighborhood as conceived by the residents. This conclusion is given substance by analysis of the neighborhood police station's functions in household registration and relationships with public security committees.     

A decision problem of long-term economic planning

The model described in the present paper has been worked out to approximate a concrete problem of national economic planning. The problem presented itself in the daily practice of the National Planning Board of the Hungarian People's Republic in the course of a planning project carried out with the aim of laying the foundation of the national economy's long-term development.     

行政行为撤销要件的修订

行政诉讼法采用封闭性正面列举的立法模式,仅规定违反法定程序、适用法律错误、超越职权等五种情形为行政行为撤销的要件,致使有些违法形态难以归入其中,给司法实践和后续立法造成了困难。行政行为的撤销要件是对司法审查的指引而非制约,其构成应建立在对法律规范的分类基础上,并采用开放的立法结构。建议将来修订行政诉讼法或制定行政程序法时,增列“没有法律依据的”、“决定内容违反法律规定的”和“其他侵害公民、法人或其他组织合法权益的”三种情形为撤销的要件,以解决实践中的解释困惑,并增强这一制度的社会适应力。     

ASSOCIATIONS OF FATHERS' HISTORY OF INCARCERATION WITH SONS' DELINQUENCY AND ARREST AMONG BLACK,WHITE, AND HISPANIC MALES IN THE UNITED STATES*

Nearly 13 percent of young adult men report that their biological father has served time in jail or prison; yet surprisingly little research has examined how a father's incarceration is associated with delinquency and arrest in the contemporary United States. Using a national panel of Black, White, and Hispanic males, this study examines whether experiencing paternal incarceration is associated with increased delinquency in adolescence and young adulthood. We find a positive association with paternal incarceration that is robust to controls for several structural, familial, and adolescent characteristics. Relative to males not experiencing a father's incarceration, our results show that those experiencing a father's incarceration have an increased propensity for delinquency that persists into young adulthood. Using a national probability sample, we also find that a father's incarceration is highly and significantly associated with an increased risk of incurring an adult arrest before 25 years of age. These observed associations are similar across groups of Black, White, and Hispanic males. Taken as a whole, our findings suggest benefits from public policies that focus on male youth “at risk” as a result of having an incarcerated father.     

最高人民法院关于无效行政行为的探索

最高人民法院从司法审查引发出对无效行政行为制度的探索,虽没有使用“自始没有任何法律效力”和“无效”等概念,却在民事诉讼领域形成了有关基础行为的构成要件,在对行政行为的司法审查中形成了重大明显瑕疵的类型化和明显性判断标准,并形成了排除具有重大明显瑕疵行政行为公定力、相对人拘束力和司法强制执行力的无效行政行为制度雏形,为我国今后立法积累了丰富的素材。从最高人民法院的探索轨迹及其重大明显瑕疵的类型化,可以发现无效行政行为规则的鲜明中国特色,司法的制度生成意义和生成机制。     

The legal construction of personal information protection and privacy under the Chinese Civil Code

Personal information protection and privacy interact in diverse ways, especially in the contemporary information age. Although books and articles have focused on this topic, the new tendencies of worldwide legislation and judicial practice bring challenges, as the legal construction of personal information protection and privacy differs from culture to culture and time to time. In 2017, the General Provisions of the Civil Law of the People's Republic of China (“the General Provisions of the Chinese Civil Code” hereafter)¹ (expired) addresses the legal concepts of personal information protection and the right to privacy simultaneously, to which this article refers as the dual model, differing from the one-dimensional mode of privacy protection before. Subsequently, the “The Right to Privacy and the Protection of Personal Information,” a chapter of the newly issued Civil Code of the People's Republic of China's (“the Chinese Civil Code” hereafter), ascertains the dual model and details related provisions. It has been dubbed a landmark ruling of China's personal information protection, greatly boosting the modernization of China's civil system.Despite the many articles that discuss approaches to China's civil protections, little attention has been given to the fundamental question concerning what exactly encompasses the personal information protection and privacy to which these laws refer. Based on the regulations and applicability of the General Provisions of the Chinese Civil Code and the Chinese Civil Code, this paper explores the legal construction of personal information protection and privacy under Chinese legal orders, including the differences, similarities, and interplay between the two rights. By distinguishing the legal value, contents and remedial approaches, this paper concludes that the two rights are distinct but overlap. On one side, personal information protection is elevated to the status of a separate civil right in the legal context of China, rather than part of privacy. On the other side, tailored regulations should be establish according to the criteria of the nature of information, the extent of information processing, and the elements of damage when confronted with overlaps in the two rights in judicial practice. Thus, this paper provides a perspective from which to clarify the approaches to civil protection of personal information and privacy in China and a reference model for enactment of the Chinese Personal Information Protection Law in the future.     

Gendered Imprisonment in Japan: An Examination of Imprisonment for Stimulant Drug Offenses

Japan is well known not only as a society with low crime rates but also for using incarceration sparingly, sending few convicted offenders to prison. Yet, certain crimes, such as drug offenses, receive little leniency in the Japanese criminal justice system. Johnson (1996b) found empirical support for both chivalry and an ‘'evil woman'’ effect in the system's treatment of female drug offenders. This paper reexamines and extends the core issues in Johnson's (1996b) exploration of women's imprisonment in Japan. It traces the patterns in female incarceration where data are available from the postwar period until 2004. It specifically examines the incidences of incarceration of women for stimulant drug offenses and identifies key correlates on the macro‐level associated with changes in imprisonment practices.     

China's exchange rate and the balance of trade

This paper examines the responsiveness of the balance of trade of the People's Republic of China to the real exchange rate. We find that, in both the short-run and the long-run, devaluation serves to improve the balance of trade. Using quarterly data for 1980:I to 1989:IV we show that the bulk of the response to devaluation occurs over a one year period, with noJ-curve effect. These results suggest that the two-tier price system and other measures to liberalize the Chinese economy have made the exchange rate an effective indirect tool for regulating trade.     

Citizen Review of the Police

Abstract

The research presents the summary and analysis of ten-year data (1991-2000) involving the People's Law Enforcement Board (PLEB). It describes the types of police officers and the police departments that had cases before the People's Law Enforcement Board (PLEB). It also examines the types of cases that were handled by these civilian review boards as well as the manner of dispositions of these cases, the number of times its decisions were affirmed, reversed, or modified by an appellate board, and the composition and qualifications of the members of the boards. The data indicate that the propensity of police officers for receiving complaints in the boards may be a function of both rank and assignment. The data also suggest that the PLEB tends to be lenient in its disposition of cases. However, the People's Law Enforcement Board appears to make good quality decisions as indicated by the appellate boards' upholding of PLEB decisions.     

Legalizing education: the role of law in the regulation and deregulation of China's private education

This article explores the role of law in shaping the growth of private education, as a part of educational reforms in response to social change in the People's Republic of China (PRC) after the 1980s. This paper argues that law acts as a new social game rule, one used by the state to govern, regulate and promote new relations and interactions between state and non-state players in educational reform and to rectify irregularities generated by the players. The process of legislation reveals the tension between regulation and deregulation of the relationship between private educational institutions and government. This paper concludes by offering an understanding on the role of law as both a means and an end in shaping educational reform in the face of ongoing social changes.     

The New Code of Criminal Procedure in the People's Republic of China: Protection,Problems, and Predictions

This paper is a “nuts and bolts” look at criminal procedure in China as outlined by Chinese and Western scholars, the Chinese code of criminal procedure, and my own observations in the People's Republic of China. China has finally formalized, at least to some degree, its criminal justice procedures and protections after years of ad hoc procedures. Also, along with codifications of criminal procedures, the Chinese are making greater use of defense attorneys, and trying to work out their version of “presumption of innocence.” Finally, the Chinese are grappling with these new rules and procedures, attempting to develop a fair and consistent system of criminal procedure that sometimes still gives way to political expedience.     

Book reviews

During the 1980s correctional officials focused considerable energy on the development of intermediate sanctions as alternatives to incarceration. One such alternative is electronically monitored home detention. Although the electronic monitoring equipment was not commercially available until late in 1984, programs were operating in all 50 states by 1990. This study presents a comparative analysis of three electronic monitoring programs: a program for adults charged with a criminal offense and unable to obtain pretrial release; a program designed as an alternative to incarceration for convicted adult offenders; and a program for adjudicated juvenile burglars. Each program operated in the same jurisdiction, used essentially the same equipment, and imposed similar rules and restrictions on behavior. The analysis focuses on comparisons of program delivery, clients' performance, and programmatic sources of variation. The implications of the findings for future program development and evaluation are discussed.     

依法律行政原理的移植与嬗变

依法律行政,旨在藉由法律的合理性控制行政的恣意,并获得法的安定性和民主性,它是近代形式法治国家的产物,是自由主义与民主主义的结合。德国依法律行政原理经由奥托·迈耶的提炼基本定型,经由美浓部达吉等人传至日本,并影响了我国早期的行政法学。在新中国,依法行政逐渐得到强调。这种转变既有行政立法高涨的现实影响,也有方法论上的原因,但更多缘于全国人大—行政机关—司法机关的权力格局。从全国人大与国务院的宪法关系来看,应当重新确立依法律行政原理,并从行政诉讼上为依法律行政提供保障机制,同时摒弃依法行政中的某些错误观念,以确保法治国家的真正实现。     

“Even though we're married,I'm single”: The meaning of jail incarceration in romantic relationships

Jail incarceration substantially transforms romantic relationships, and incarceration may alter the commitment between partners, thereby undermining or strengthening relationships. In this article, we use in-depth interviews with 85 women connected to incarcerated men (as current or former romantic partners) to explore how women articulate relationship changes that stem from their partner's jail incarceration, a common but understudied form of contact with the criminal legal system. We identify three interrelated and mutually reinforcing processes, which are shaped by and shape a partner's commitment to the relationship. First, incarceration produces liminality in the status of the relationship. Second, incarceration fosters women's sense of independence from their incarcerated partners. Third, incarceration creates space for partners to reevaluate how they prioritize the relationship in their lives. Jail incarceration intervenes in romantic relationships at different points during each relationship, and accordingly, women experience heterogeneity in processes of liminality, independence, and reprioritization. These processes contribute to differential relationship experiences, with some relationships deteriorating during incarceration, others strengthening, and others neither deteriorating nor strengthening. By systematically uncovering these processes linking jail incarceration to romantic relationships, we advance an understanding of how the criminal legal system can shape relationship commitment processes and inequalities among families.     

Linking parental incarceration and family dynamics associated with intergenerational transmission: A life‐course perspective*

Children experiencing parental incarceration face numerous additional disadvantages, but researchers have often relied on these other co‐occurring factors primarily as controls. In this article, we focus on the intimate links between crime and incarceration, as well as on the broader family context within which parental incarceration often unfolds. Thus, parents’ drug use and criminal behavior that precedes and may follow incarceration periods may be ongoing stressors that directly affect child well‐being. We also use our analyses to foreground mechanisms associated with social learning theories, including observations and communications that increase the child's risk for criminal involvement and other problem outcomes. These related family experiences often channel the child's own developing network ties (peers, romantic partners) that then serve as proximal influences. We explore these processes by drawing on qualitative and quantitative data from a study of the lives of a sample of respondents followed from adolescence to young adulthood, as well as on records searches of parents’ incarceration histories. Through our analyses, we find evidence that 1) some effects attributed to parental incarceration likely connect to unmeasured features of the broader family context, and b) together parental incarceration and the broader climate often constitute a tightly coupled package of family‐related risks linked to intergenerational continuities in criminal behavior and other forms of social disadvantage.     

THE COLLATERAL CONSEQUENCES OF INCARCERATION REVISITED: A QUALITATIVE ANALYSIS OF THE EFFECTS ON CAREGIVERS OF CHILDREN OF INCARCERATED PARENTS*

While policy makers have long extolled the benefits of incarceration, criminologists have expended considerable effort demonstrating the harmful collateral consequences of incarceration. Sampson (2011) recently challenged researchers to move beyond this dichotomy and to assess the “social ledger” of incarceration, where both the potential benefits and harms associated with incarceration are examined. To shed light on the variation in the collateral consequences of incarceration, we focus on the experiences of a valuable group of individuals directly impacted by imprisonment: those caring for children of incarcerated parents. Drawing from in‐depth interviews with a diverse group of caregivers (N= 100), we examine the various consequences (both positive and negative) that occur in their lives as a result of incarceration, as well as the causal processes responsible for the outcomes we observe. Our findings reveal marked variation in the effects of incarceration on caregivers. Such effects are shaped by (1) the prisoner's prior parental involvement, (2) the interpersonal relationship between caregiver and prisoner, and (3) the caregiver's family support system. These findings have important implications for future work conducted on the collateral consequences of incarceration for caregivers, children, and families.     

公众参与与行政法治

The public participation and the system of the People’s Congress constitute a basic mode of China’s modern democracy. This article first analyzes the lessons from the development of public participatory democracy since the founding of People’s Republic of China, especially those related to the promotion of public participation and the establishment of rule of law in administration and constitutionalism, then, and study the strategic value and potential risks of public participation to the development of human society, the necessity and channels of law protection on public participation. At last, it discusses the trend of public participatory democracy in the environment of globalization and informationization, and its impact on the reconstruction in respect of administrative rule of law and constitutionalism.     

System management and compensatory parenting: Educational involvement after maternal incarceration

Research has demonstrated that paternal incarceration is associated with lower levels of educational involvement among fathers and primary caregivers, but little is known regarding caregiver educational involvement when mothers have been incarcerated. In this study, we present the first analysis of variation in school- and home-based educational involvement by maternal incarceration history, pairing survey and interview data to connect macro-level group differences with micro-level narratives of mothers’ involvement in their children's education. Our survey data demonstrate that children of ever-incarcerated mothers experience increased school-based educational involvement by their primary caregivers, regardless of whether the caregiver is the mother herself. Our interview data point to compensatory parenting as a key motivating factor in educational involvement, wherein a caregiver endeavors to “make up for” the child's history of maternal incarceration. Findings add to the literature demonstrating maternal incarceration as a distinct experience from both paternal incarceration and material disadvantage alone, and they suggest the need to explore the role of schools as potential points of productive institutional involvement for mothers with an incarceration history.     

HIGH SCHOOL EXPERIENCE AND THE RISK OF ADULT INCARCERATION*

This study assesses the effects of high school educational experiences on the risk of incarceration for young men aged 19–36 using event history analysis and National Longitudinal Survey of Youth data. High school education serves as a defining moment in an individual's life course. Young men who enroll in secondary occupational course work significantly reduce their likelihood of incarceration both overall and net of differences in the adult labor market. High school student/teacher ratios and student composition also significantly affect an individual's risk of incarceration.