1. They are: The Organic Law of the Social People's Congresses and the Social People's Governments, The Electoral Law for the National People's Congress and The Social People's Congresses, The Organic Law of the People's Courts, The Organic Law of the People's Procuratorates, The Criminal Law, The Law of Criminal Procedure, and The Law on Joint Ventures with Chinese and Foreign Investment. They are to be effective January 1, 1980. For an explanation of the laws see the sources cited as note 14 n and o infra. Sources of translations for the new laws are cited in note 14, p, q and r.Google Scholar

2 Cohen, item no. 5 infra at 9-10.Google Scholar

3 Id. at 11.Google Scholar

4 Id. at 12.Google Scholar

5 Kaminski, , item no. 44 at 18.Google Scholar

6 Peng, , note 14 o at 8.Google Scholar

7 Kaminski, , item no. 44 at 18.Google Scholar

8 Id. at 23.Google Scholar

9 Cohen, , item no. 28 at 332.Google Scholar

10 Kaminski, , item no. 44 at 24-25.Google Scholar

11 Id. at 25-26.Google Scholar

12 During the final preparation of this article for publication, the author became aware of a recent work by Eugene Shapiro entitled “English Sources on the Criminal Process in the People's Republic of China,” 3 Boston Col. Int'l. & Comp. L. Rev. 89 (1979). Mr. Shapiro's bibliography differs from this work in that it attempts only to cover English language material (including, however, translations of PRC documents) published after 1966 and is not annotated or selective.Google Scholar

12 (Cont'd.)Google Scholar

** Due to the latter fact, some items included there will not be found here, but the reverse is also true even for the area covered in common. The “National Legal System” section (12.2) of 1 Modern Chinese Society; an Analytical Bibliography, infra p. 4 remains the most up-to-date cumulative bibliography on law in the PRC prior to this time.Google Scholar

13 Jones, item no. 43 infra at 229.Google Scholar

14 As a compromise some of these helpful items will be listed in this note: Bibliographies on Chinese Communist LawGoogle Scholar

** a. Bodde, Derk. Chinese Law; a Selected Bibliography by Derk Bodde. With a Bibliography of the Communist Period by Annie B. Clark. Cambridge, Mass.: East Asian Research Center, 1961, 8 p.Google Scholar

** Contains only a little pertaining to criminal justice in the PRC.Google Scholar

** b. Harvard University Law School. Preliminary Union List of Materials on Chinese Law, with a List of Chinese Studies and Translations of Foreign Law. Cambridge, Mass.: Harvard Law School Library, 1967 919 p.Google Scholar

** Includes materials pertaining to all eras.Google Scholar

** c. Hsai, Tao-tai. Guide to Selected Legal Sources of Mainland China. Washington, D.C.: Library of Congress, 1967. 357 p.Google Scholar

** Includes a 62 page survey of judicial administration in the PRC as well as charts of the country's political and judicial structure under the 1954 Constitution. The bibliography is of laws, regulations and articles from the PRC, and is included here as an exception.Google Scholar

** d. Lin, Fu-shun. Chinese Law, Past and Present; a Bibliography of Enactments and Commentaries in English Text. New York: East Asian Institute, Columbia University, 1966. 419 p.Google Scholar

** Includes statutes and articles from sources within the PRC and the Republic of China, as well as commentaries by foreign observers, published up to the end of May 1965.Google Scholar

** e. Gniffke, F. “German Writings on Chinese Law: an Annotated, Classified Bibliography of German Language Materials on the Chinese Legal System and Chinese International Law through 1968,” 15 Osteuropa Recht 191 (1969).Google Scholar

** A thorough guide to German language works for the period covered.Google Scholar

** f. Hsia, T. “Legal System and Literature of the People's Republic of China,” 2 Int'l. J. L. Libs. 74 (1974).Google Scholar

** An updated, capsule version of the author's Guide to Selected Legal Sources of Mainland China.Google Scholar

** g. Kaminski, G. and Weggel, O. “Das Chinesische Recht in der Bundesdeutschen Forschung,” 6 China Aktuell 587 (1977).Google Scholar

** Traces the course of German research on Chinese law from the early 1900's to the present (“from torrent to trickle”) and offers an overview of current research concerning the PRC's legal system by German scholars. Not a bibliography, but a worthwhile report on research.Google Scholar

** The New ConstitutionGoogle Scholar

** h. Cohen, J. A. “China's Changing Constitution,” 1 NW. J. Int'l. L. & Bus. 57 (1979).Google Scholar

** A synopsis of Chinese constitutional history and an analysis of the 1978 Constitution's treatment of property relations, institutional restraints upon the exercise of power, and civil rights.Google Scholar

** i. Goodstadt, L. “China's New Constitution: Maoism, economic change and civil liberties,” 8 Hong Kong L. J. 287 (1978).Google Scholar

14 (Cont'd.)Google Scholar

** j. Heer, Ph. de. “The 1978 Constitution of the People's Republic of China,” 4 Rev. Soc'lst. L. 309 (1978).Google Scholar

** Compares the 1978 Constitution to those of 1975 and 1954 and explains alterations “… in the light of political struggles and policy changes of the past few years”.Google Scholar

** k. Kim, C. & Kearley, T. “The 1978 Constitution of the People's Republic of China,” 2 Hastings Int'l. & Comp. L. J. 251 (1979).Google Scholar

** A detailed analysis of the 1978 Constitution with comparative references to its predecessors.Google Scholar

1 Wang, H. “An Evaluation and Analysis of China's Revised Constitution,” 11 Chin. L. & Gov't. 34 (1978).Google Scholar

** A description of the revision process and analysis of the most significant aspects of the new constitution.Google Scholar

** m. Weggel, O. “Die Neue Verfassung der V.R. China: Einheit, ‘Einengung des Kampffelds’ und Entwicklungs-enthusiasmus” (2 Parts) 7 China Aktuell 247 & 344 (1978).Google Scholar

** A lengthy analysis of the new constitution and its political setting.Google Scholar

** The New CodesGoogle Scholar

** n. “The New Criminal Law and the Law of Criminal Procedure,” Beijing Rev., No. 33 (1979) at 16.Google Scholar

** A five page synopsis of some of the main provisions of the two laws. o. Peng, Z. “Explanation on Seven Laws,” Beijing Rev., No. 28 (1979) at 8.Google Scholar

** A report by the Directory of the Commission for Legal Affairs of the NPC Standing Committee at the 2nd Session of the Fifth N.P.C. on June 26, 1979. Pages 11-13 deal with the new codes of criminal law and procedure.Google Scholar

** p. “Seven PRC Laws Adopted at Fifth NPC Second Session,” Part I; FBIS-CHI-79-146, Friday 27 July 1979, Vol. 1, No. 146, Supplement 019 (Daily Report, PRC), and “Seven PRC Laws Adopted at Fifth NPC Second Session,” Part II; FBIS-CHI-79-147, Monday 30 July 1979, Vol. 1, No. 147, Supplement 020 (Daily Report, PRC).Google Scholar

** These are English translations of all the new laws printed in Chinese by the Xinhau news agency. Unfortunately, the microfiche versions were miscopied so that five of the laws, including the criminal code, were printed twice as two separate supplements while two of the laws, the code of criminal procedure being one, were omitted. At the time of this writing the second supplement was being reprinted and should be available, under the same designation, by the time this bibliography is published. The hard copy version is available, however. Its designation is FBIS Daily Report—People's Republic of China, Mon., July 30, 1979, Vol. 1, No. 149 Supplement 020.Google Scholar

** q. “Strafgesetzbuch der Volksrepublik China,” (O. Weggel and M. Strupp, trans.) 8 China Aktuell 799 (1979).Google Scholar

** A German translation of the new criminal law.Google Scholar

** r. “Straffprozessordnung der Volksrepublic China” (W. Kessler, M. Strupp and O. Weggel, trans.) 8 China Aktuell 982 (1979).Google Scholar

** A German translation of the new code of criminal procedure.Google Scholar

1 Bao, R. and Chelminski, R. Prisoner of Mao. New York: Coward, McCann and Geoghegan, 1973. 318 p.Google Scholar

** An inside view of the PRC's “reform through labor” system from 1957-1964.Google Scholar

2 Bonnichon, A. Law in Communist China. The Hague: International Commission of Jurists, 1956. 35 p.Google Scholar

** Pages 6-13 describe penal law and procedure during the initial years of the PRC, while pages 20-35 consist of excerpts from the author's depositions to the International Commission of Jurists concerning his imprisonment in the PRC.Google Scholar

3 Chen, Phillip M. Law and Justice; the Legal System in China: 2400 B.C. to 1960 A.D. New York: Dunellen, 1973. 234 p.Google Scholar

** Deals with the PRC's legal system from page 55 on. Contains much applicable to criminal justice administration.Google Scholar

4 Chugunov, Vladimir. Criminal Court Procedures in the Chinese People's Republic. Washington, D.C.: Joint Publications Research Service, 1961. 227 p. (JPRS. no. 4595).Google Scholar

** Translation of a Russian work written just prior to the Sino-Soviet split. A detailed analysis of the then prevailing procedures in Chinese criminal courts.Google Scholar

5 Cohen, J. A. The Criminal Process in the People's Republic of China 1949-1963: An Introduction. Cambridge, Mass.: Harvard University Press, 1968. 706 p.Google Scholar

** The definitive work to date on the PRC's criminal justice system. Part I is a slightly modified version of the Harvard Law Review article noted in no. 26 below; Part II, the bulk of the work, consists primarily of original source material from which the author has taught class on the criminal process in the PRC; and Part III is made up of a sixteen page bibliography, plus a lengthy English-Chinese glossary of major legal and institutional terms translated in Part II.Google Scholar

6 Griffin, Patricia. The Chinese Communist Treatment of Counter-Revolutionaries: 1924-1949. Princeton, N.J.: Princeton University Press, 1976.Google Scholar

** Shows in what ways early Chinese Communist legal practice pre-conditioned the PRC's later “formal” legal system. Includes documents of the period.Google Scholar

7 Gudoshnikov, L. Legal Organs of the People's Republic of China. Washington. D.C.: Joint Publications Research Service, 1959. 138 p. (JPRS no. 1698-N).Google Scholar

** An institutional analysis of the PRC's system of justice which emphasizes its historical development in liberated areas of pre-1949 China. Much is pertinent to the system's operation in the suppression of crime.Google Scholar

8 Hsia, Tao-tai and Huan, Kathryn. The Re-Emergence of the Procuratorial System in the People's Republic of China. Washington, D.C.: Library of Congress, 1978. 40 p.Google Scholar

** “This study examines the historical background and significance of the reemergence (following Mao's death) of the people's procurators.”Google Scholar

15 See, for example, items c, d, and f in note 14 infra as well as the Shapiro article supra note 12.Google Scholar

9 Lectures on the General Principles of Criminal Law in the People's Republic of China Washington, D.C.: Joint Publications Research Service, 1962. 237 p. (JPRS no. 13331).Google Scholar

** A criminal law text used in the training of political-judicial cadres at the hsien level and above, it is included here despite its mainland source due to its uniqueness as a rather technical and thorough analysis of the PRC's criminal law.Google Scholar

10 Leng, Shao-chuan. Justice in Communist China; a Survey of the Judicial System of the People's Republic of China. Dobbs Ferry, N.Y.: Oceana, 1967, 196 p.Google Scholar

** Includes chapters on the pre-1949 development of Communist Chinese justice, the procuracy and the police.Google Scholar

11 Li, Victor. Law Without Lawyers. A Comparative View of Law in China and the United States. Boulder, Col.: Westview Press, 1978. 102 p.Google Scholar

** Chapters on “Law and Deviency,” “The Formal Criminal Process,” and one describing a criminal trial concerning the PRC's criminal justice directly.Google Scholar

12 Rickett, Allyn and Rickett, Adele. Prisoners of Liberation. New York: Anchor, 1973.Google Scholar

** This work has been called “… one of the most complete descriptions we have of a Chinese trial.”Google Scholar

13 Wei, Henry. Courts and Police in Communist China to 1952. Lackland, Tex.: Air Force Personnel and Development Command, 1955 (Research Memorandum No. 44), 63 p.Google Scholar

** A rather detailed analysis of the topics during the chaotic period immediately following the revolution.Google Scholar

** ARTICLESGoogle Scholar

14 Antonio, F. and Fernandez, R. “The Administration of Justice in the People's Republic of China.” 53 Philippine L. J. 113 (1978).Google Scholar

** A good synopsis of the PRC's judicial system by two Philippine Supreme Court Justices. The Procuracy and criminal procedure are surveyed at pages 122-125 and the penal system at 127-128.Google Scholar

15 Bassiouni, M. C. “Criminal Justice System of the Union of Soviet Socialist Republics and the People's Republic of China,” 11 Rev. Derecho Puertorriq. 163 (1971).Google Scholar

** Pages 181-193 give an overview of the system as of the late 1960s.Google Scholar

16 Brown, R. Jr. “Present Day Law in the People's Republic of China,” 61 ABAJ 474 (1975).Google Scholar

** Transcript of answers by members of the Peking University law faculty to questions from American lawyers visiting the PRC in 1974. Only pages 476 and 477 deal with criminal justice specifically.Google Scholar

17 Buxbaum, D. C. “Horizontal and Verticle Influences upon the Substantive Criminal Law in China: Some Preliminary Observations,” 10 Osteuropa Recht 31 (1964).Google Scholar

** More theoretical than descriptive—discusses the history of criminal law in China, the Ch'ing dynasty in particular.Google Scholar

18 Buxbaum, D.C. “Preliminary Trends in the Development of the Legal Institutions of Communist China and the Nature of the Criminal Law,” 11 Int'l & Comp. L. Q. 1 (1962).Google Scholar

** Pages 15-29 deal with criminal law and procedure, while the first pages are concerned with the court system and legal theory generally.Google Scholar

19 Carl, B. “Contemporary Law in the People's Republic of China,” 32 Sw. L. J. 1255 (1979).Google Scholar

** Overview of Chinese law based on the author's 1978 tour of China and additional research. Pages 1271-1274 deal with aspects of criminal justice.Google Scholar

20 Chao, H. “The Chinese Communist Socialist Democracy and the Socialist Legal System: An Analysis,” 15 Issues and Stud. No. 10 at 58 (1979).Google Scholar

** “… attempts to analyze why the Peiping regime intends to develop a legal system.” Few sections are specifically addressed to the criminal law (e.g., section I) but the article generally provides a good, though biased, introduction to the ideology of the PRC's legal system.Google Scholar

21 “China's Procuratorates—an interview with Chief Procurator Huang Huoqing,” Beijing Rev. No. 52 (1979) at 16.Google Scholar

** Discusses the structure and functions of the Procuratorate, with special emphasis on the changes brought about by the new Organic Law. Not strictly a Western source, but included on account of its special value.Google Scholar

22 Chiu, H. “Criminal Punishment in Mainland China: a Study of Some Yunnan Provence Documents,” 68 J. Crim. L. and Criminology 374 (1977).Google Scholar

** Analyzes post-1966 legal documents such as court judgments, PLA decisions and crime reports to shed light on the types of anti-social acts considered criminal in the PRC, and discusses sanctioning methods employed.Google Scholar

23 Cohen, J. “The Chinese Communist Party and ‘Judicial Independence': 1949-1959,” 82 Harv. L. Rev. 967 (1969).Google Scholar

** While not an analysis of criminal justice per se, this lengthy article does bear on the administration of criminal law in the PRC.Google Scholar

24 Cohen, J. “Chinese Mediation on the Eve of Modernization.” 54 Cal. L. Rev. 1201 (1966).Google Scholar

** While this is primarily an historical survey of Chinese mediation practice in civil matters, it is also relevant to current PRC practice in settling minor criminal cases.Google Scholar

25 Cohen, J. A. “The Criminal Process in the P.R.C.—a Periodization,” 1965 ABA Int'l & Comp. L. Sec. Proc. 207.Google Scholar

** Concise statement of the nature of the PRC's law in what the author sees as three distinct periods of its development: 1949-1953 (law as instrument of terror), 1953–1957 (“Golden Age”), 1957—early 1960s (law as secretive, inquisitorial and administrative).Google Scholar

26 Cohen, J. A. “Criminal Process in the P.R.C.—an Introduction,” 79 Harv. L. Rev. 469 (1969).Google Scholar

** Detailed analysis of criminal procedure in the PRC, incorporating the author's periodization theory and employing four hypothetical crime situations as an aid.Google Scholar

27 Cohen, J. “The Party and the Courts: 1949-1959. China Q. No. 38 at 120 (1969).Google Scholar

** A slightly modified version of the article at 82 Harv. L. Rev. 967 (1967) noted above.Google Scholar

28 Cohen, J. A. “Reflections on the Criminal Process in China,” 68 J. Crim. L. & Criminology 323 (1977).Google Scholar

** Lengthy article summarizing the history of foreign involvement and interest in mainland Chinese law and discussing the “… abiding and salient characteristics of the Chinese criminal process as it has developed over the years 1949-1977.”Google Scholar

29 Crockett, G. W. Jr. and Gleicher, M. “Inside Chinese Prisons,” 61 Judicature 409 (1978).Google Scholar

** A brief description of the first American view of PRC prisons since 1949. Emphasizes the “reform through labor” techniques.Google Scholar

30 Crockett, G. W. Jr. and Gleicher, M. “Teaching Criminals a Lesson: a Report on Justice in China,” 61 Judicature 278 (1978).Google Scholar

** A description of a May 1977 criminal trial, pointing out the difficulty of comparing the Chinese and American criminal procedures.Google Scholar

31 Douglas, C. “Death Penalty: Chinese Style,” 14 Trial No. 2 at 44 (1977). A brief comparative view of the death penalty in the U.S. and the PRC with some historical background.Google Scholar

32 Edwards, R. “Formal Law Begins a Comeback in Post-Mao-China,” 2 Contemp. China No. 2 at 92 (1978).Google Scholar

** A discussion of criminal law and public security in the PRC written in light of four new documents concerning crime there.Google Scholar

33 Edwards, R. “Reflections on Crime and Punishment in China with Appended Sentencing Documents,” 16 Colum. J. Transnat'l. L. 45 (1977).Google Scholar

** Lengthy commentary on “… the aims, principles and procedures of criminal sentencing in China” as of 1973.Google Scholar

34 Finkelstein, D. “The Language of Communist China's Criminal Law” in Contemporary Chinese Law, J. Cohen, ed., Cambridge, Mass.: Harvard University Press, 1970.Google Scholar

** Discusses problems inherent in Chinese legal language and concludes that these present “… a serious impediment to the evolution of a system of justice designed to serve the ruled rather than the rulers.”Google Scholar

35 Garbus, M. “Justice Without Courts: a Report on China Today,” 60 Judicature 395 (1977).Google Scholar

** A brief report on the administration of justice in the PRC based on the author's late 1976 visit. Both a formal trial and informal dispute settlement procedures are described.Google Scholar

36 Ginsburgs, G. and Stahnke, A. “The Genesis of the People's Procurorate in Communist China: 1949-1951,” China Q. No. 20 at 1 (1964).Google Scholar

** The first part of a lengthy, three part analysis of this vital organ in the PRC's criminal justice system.Google Scholar

37 Ginsburgs, G. and Stahnke, A. “The People's Procurorate in Communist China: the Institution in the Ascendant: 1954-1957.” China Q. No. 34 at 82 (1968).Google Scholar

38 Ginsburgs, G. and Stahnke, A. “The People's Procurorates in Communist China: the Period of Maturation, 1951-1954,” China Q. No. 24 at 53 (1965).Google Scholar

** Part II of the series.Google Scholar

39 Griffin, P. “Prison Management in the Kiangse and Yenan Periods,” China Q. No. 58 at 310 (1974).Google Scholar

** Shows how Chinese Communist experience in the pre-1949 period helped shape current policies.Google Scholar

40 Herbst, K. P. “The Chinese Criminal Process: Revolutionary Ideology and Human Rights.” 30 Stan. L. Rev. 469 (1978).Google Scholar

** Formally a review of Victor Li's Law Without Lawyers, this is actually an article which primarily “… attempts to assess the record of the … PRC in the areas of legal protection for individuals and the treatment of dissidents …”.Google Scholar

41 Hoffheimer, D. “Law and Modernization in China: the Judicial Behavior of the Chinese Communists,” 7 Ga. J. Int'l & Comp. L. 515 (1977).Google Scholar

** Although dealing with the evolution of Chinese Communist legal processes as a whole, this article is certainly relevant to studies limited to criminal justice in the PRC as well.Google Scholar

42 Hsiao, G. “Communist China: Legal Institutions,” Prob. Communism, March-April, 1965 at 112.Google Scholar

** A survey of the PRC's legal system in which criminal justice is discussed at pages 118-121.Google Scholar

43 Jones, W. C. “A Possible Model for The Criminal Trial in the People's Republic of China,” 24 Am. J. Comp. L. 229 (1976).Google Scholar

** Suggests there is indeed in the PRC “a relatively standardized procedure” used to deal with an accused and that this entire proceeding from apprehension to sentence and beyond is actually the “trial”.Google Scholar

44 Kaminski, Gerd. “How Human is Hua's China”? 4 Asian Thought & Soc. No. 10 at 9 (1979).Google Scholar

** A survey of human rights in traditional China and the PRC and their prospects under Hua. Relevant to criminal law in that expansions of human rights obviously mean a diminution of the use of criminal prosecution for the suppression of political dissent.Google Scholar

45 Kaminski, Gerd. “Visitation of the Law and Court in Action in the PRC: the New Hundred Flowers of the Chinese Legal System,” 4 Asian Thought & Soc. No. 11 at 205 (1979).Google Scholar

** Includes the author's observations on recent changes in the PRC's legal system as well as the transcript of a theft trial witnessed by the author in April, 1979.Google Scholar

46 Kim, C. “The Procuracy in Communist China,” 2 Asian Forum 31 (1970). An historical overview and analysis of the procuracy which concludes that it had failed in its primary role as of the late 1960s.Google Scholar

47 Lamb, F. “An Interview with Chinese Legal Officials.” China Q. No. 66 at 323 (1976).Google Scholar

** Supplements the interview by Ruge (China Q. No. 61 at 118) in focusing on the relationship of the courts and the police and procuracy, and the status of lawyers and legal education in addition to covering the administration of justice generally.Google Scholar

48 Lee, L. “Toward an Understanding of Law in Communist China” in Symposium on Economic Social Problems of the Far East, E. F. Szczepanik, ed., Hong Kong: Hong Kong University Press, 1962. pp. 335–352.Google Scholar

** An overview of the PRC's legal system, including criminal justice, until about 1960.Google Scholar

49 Lee, T. “Chinese Communist Law: It's Background and Development,” 60 Mich. L. Rev. 439 (1962).Google Scholar

** An overview of the entire legal system including, of course, discussion of criminal justice administration.Google Scholar

50 Leng, S. “The Lawyer in Communist China,” 4 J. Int'l. Comm. Jur. 33 (1962).Google Scholar

** Includes discussion of the lawyer's role in the administration of criminal justice.Google Scholar

51 Leng, S. “Post-Constitutional Development of ‘People's Justice’ in China,” 6 J. Int'l. Comm. Jur. 103 (1965).Google Scholar

** Examines the development of “people's justice” (essentially criminal justice) from 1954 to the present (early 1960s) giving special attention to debates among Communist and non-Communist jurists during the “Blooming and Contending and Anti-Rightist” movements.Google Scholar

52 Leng, S. “Pre-1959 Development of the Communist Chinese System of Justice,” China Q. No. 30 at 93 (1967).Google Scholar

** Contains background useful for a thorough understanding of all aspects of the PRC's current system of justice.Google Scholar

53 Leng, S. “The Role of Law in the People's Republic of China as Reflecting Mao Tse-tung's Influence,” 68 J. Crim. L. & Criminology 356 (1977).Google Scholar

** Attempts to examine the extent to which Mao himself influenced the Chinese legal system by way of analyzing two models of law, the class nature of people's justice, and law as an instrument of social engineering. Much of relevance to criminal law.Google Scholar

54 Leng, S. “Die Volks-Staatsanwaltschaft im Kommunistischen China,” 9 Osteuropa Recht 193 (1963).Google Scholar

** Traces the historical development of the Procuracy from its roots in the Censorate and Soviet system and discusses its role through the Great Leap Forward period.Google Scholar

55 Li, H. “Chinese Communist Labor Reform Policy and Measures,” 2 Ch. Communist AFF. (Taipei) No. 1 at 19 (1965).Google Scholar

** Provides valuable details on this aspect of the PRC's criminal justice policy as of the early 1960s, despite the author's clear anti-communist attitude.Google Scholar

56 Li, V. “Law and Penology, Systems of Reform and Correction,” in Oksenberg, ed. China's Developmental Experience, New York: Praeger, 1973. pp. 144–156.Google Scholar

** Deals primarily with the questions: “How are norms communicated to the various segments of society? What means are used to influence the public to adhere to these norms? What is done when a person fails to adhere?”Google Scholar

57 Li, V. “The Public Security Bureau and Political-Legal Work in Hui-Yang, 1952-64,” in Lewis, J. W. ed., The City in Communist China. Stanford: Stanford University Press, 1971. pp. 51–74.Google Scholar

** Includes discussion of other organs such as the court and procuracy. Special attention is paid to “… the organization, scope of activities, and work methods of the public security apparatus, and the relation of this organ to the party …”.Google Scholar

58 Li, V. “The Role of Law in Communist China,” China Q. No. 44 at 66 (1970).Google Scholar

** Primarily a theoretical overview of law in the PRC using “internal” versus “external” models of law, but useful for any serious study of the criminal law as well.Google Scholar

59 Lin, F. “Communist China's Emerging Funds of Criminal Law,” 13 Am. J. Comp. L. 80 (1964).Google Scholar

** Tentative comparison of penology in the PRC and the USSR up to the early 1960s.Google Scholar

60 Lowe, M. J. “The Trial of Ran Kao-chien.” 8 Juris Doctor No. 4 at 12. A brief but useful commentary on and transcript of a criminal trial in which the Chinese Communist emphasis on confession and repentance is shown very clearly.Google Scholar

61 Lubman, S. “Form and Function in the Chinese Criminal Process,” 69 Colum. L. Rev. 535 (1969).Google Scholar

** A lengthy analysis of “… the institutions which comprised the Chinese criminal process before the onset of the ‘Great Proletarian Cultural Revolution’ in 1965 … “ which suggests “… we can best study Communist Chinese legal institutions by defining their functions in Chinese society and examining their bureaucratic and political environment”.Google Scholar

62 Lubman, S. “Mao and Mediation: Politics and Dispute Resolution in Communist China.” 55 Cal. L. Rev. 1284 (1967).Google Scholar

** This article attempts, among other things, to “define Chinese Communist concepts of social conflict and social control, to deepen understanding of the Chinese institutions which manage conflict and exercise control, and to explore the functions of dispute resolution under Communism”. Section III at 1309 is particularly relevant to social control in modern China.Google Scholar

63 Luk, B. “Abortion in Chinese Law,” 25 Am. J. Comp. L. 372 (1977). Primarily a study of pre-revolutionary Chinese abortion law, a brief analysis of the PRC's practice is included.Google Scholar

64 McAleavy, H. “The People's Courts in Communist China,” 11 Am J. Comp. L. 52 (1962).Google Scholar

** Traces the historical development of the PRC's court system and includes much pertinent to their crime suppressing function.Google Scholar

65 McKee, C. Jr. “Commentary on the Chinese People's Procurates,” 7 J. Int'l. L. & Econ. 71 (1972).Google Scholar

** An overview of this institution under the 1954 Constitution, with comparisons to its counterpart in the USSR, the Swedish Ombudsman, Great Britain's Parliamentary Commissioner and the ombudsman experience in the U.S.Google Scholar

66 Mei, K. “Police System Under the Chinese Communist Regime,” 2 Issues & Stud. No. 2 at 31 (1965).Google Scholar

** A strongly biased, yet informative survey of the organization and duties of public security agencies in the PRC as of the early 1960s.Google Scholar

67 Michael, Franz “The Role of Law in Traditional, Nationalist and Communist China, China Q. No. 9 at 124 (1962).Google Scholar

** First offers a synopsis of the Western notion of law, then presents the survey promised in the title. Discusses the communist attitude toward law at 135 and the criminal law is dealt with specifically at 142.Google Scholar

68 Munzel, F. “Philosophisches im Strafrecht der V. R. China,” 88 Zeitschrift für die Gesamte Strafrechtswissenschaft 844 (1976)Google Scholar

** An overview of the philosophical basis of law in both ancient and Communist China. Special attention is paid to the PRC's mass educational attempts in campaigns against Confucious and “formal capitalist law”.Google Scholar

69 Perlov, I. D. “The Departure from Democratic Principles of Justice in the Chinese People's Republic,” 1 Ch. L. & Gov't. No. 3 at 23 (1968).Google Scholar

** The subversion of principles of legality during the Curtural* Revolution is the focus of this Marxist-Leninist analysis, translated from the Russian.Google Scholar

70 Petri, L. “Einige Betrachtung uber Recht und Rechtsprechung in der Volksrepublik China,” 93 Juristische Blätter 26 (1970).Google Scholar

** An overview of the PRC's legal system, including material regarding criminal justice specifically on pages 29 and 30.Google Scholar

71 Pfeffer, R. “Crime and Punishment: China and the U.S.” in J. Cohen ed., Contemporary Chinese Law. Cambridge, Mass., Harvard University Press 1970. pp. 261–281.Google Scholar

** The author compares the commonly accepted notions regarding lack of due process in the PRC's criminal justice system with the discretionary justice system often employed in the U.S., finding them not quite as dissimilar as American jurists would like to believe they are.Google Scholar

72 “Public Trial Rallies in People's China,” Bul. Int'l. Comm. Jur. No. 35 at 25 (1968).Google Scholar

** Briefly describes the public show trials televised in the PRC during the Cultural Revolution.Google Scholar

73 Rickett, W. “Voluntary Surrender and Confession in Chinese Law: The Problem of Continuity,” 30 J. Asian Stud. 797 (1971).Google Scholar

** Traces the historical development of this aspect of Chinese criminal law and discusses its use in the PRC in considerable detail.Google Scholar

74 Ruge, G. “Interview with Chinese Legal Officials,” China Q. No. 61 at 118 (1975).Google Scholar

** The transcript of a 1974 interview in which issues concerning crime and criminal justice in the PRC were discussed.Google Scholar

75 Sanji, H. “Als Zuhörer bei einem Chinesischen Strafverfahren,” 9 Verfas. & Recht in Übersee 357 (1976).Google Scholar

** A translation by Dr. F. Munzel of a Japanese attorney's description of a criminal trial concerning thefts by a hospital employee on the job. The trial itself was held at the hospital.Google Scholar

76 Stahnke, A. “Background and Evolution of Party Policy on the Drafting of Legal Codes in Communist China,” 15 Am. J. Comp. L. 506 (1966-67).Google Scholar

** Pertinent to the PRC's experience with and attitudes towards criminal law.Google Scholar

77 Su, J. “Wesen und Funktion von Staat, Recht und Regierung im Kommunistischen China,” 15 Osteuropa Recht 154 (1969).Google Scholar

** A discussion of the nature and function of law generally in the PRC which also provides information useful to researchers concerned only with criminal law.Google Scholar

78 Su, J. “Zum Gegenwartigen Stand des Strafrechts im Kommunistischen China,” 80 Zeitschrift für die Gesamte Strafrechtswissenschaft 510 (1968).Google Scholar

** Following a brief discussion of the nature of law and its place in the PRC's political culture, the author outlines the basic elements of criminal law in the PRC as of the mid-1960s. Specific laws and decrees are discussed.Google Scholar

79 Tam, T. “Liberte en Chine Continentale,” 41 Revue de Droit Int'l de Sci. Dip. & Polit. 100 (1963).Google Scholar

** A brief discussion of how PRC authorities mobilize special agents and control the citizenry.Google Scholar

80 Tao, L. “Communist China's Jurisdiction Over Aliens,” 19 J. Int'l. & Comp. L. Q. 599 (1970).Google Scholar

** “This paper examines the operation of law with regard to aliens in the (PRC) and suggests an analysis of China's motivation, intention and practice in handling the problems of a foreigner who has allegedly violated the Chinese criminal law.”Google Scholar

81 Tao, L. “Criminal Justice in Communist China,” 13 Issues & Stud. (nos. 6 & 7) 15 & 19 (1977).Google Scholar

** Reviews legal developments in the PRC to 1977, investigates “… the patterns of criminal justice administration under the CCP's leadership …”, examines “… the role of the courts and other law enforcement offices vis-a-vis that of the CCP … “ and offers observations on, among other things, the characteristics of criminal justice in Communist China.Google Scholar

82 Tao, L. “Criminal Law of Communist China,” 52 Cornell L. Q. 43 (1966). An overview of criminal law in the PRC with an emphasis on “… the use of criminal punishment as a weapon of the class struggle …, “ the rejection of the Western principle of legality and the Chinese concepts of causation, harm, and means rea.Google Scholar

83 Tao, L. “Politics of Law Enforcement in China: 1949-1970,” 22 Am. J. Comp. L. 713 (1974).Google Scholar

** “This article is a study of politics and law enforcement in China, with a view to understanding the interrelations between the practice of the ‘mass line’ and the functioning of what the Chinese refer to as the political legal work.”Google Scholar

84 Tay, A. “Law in Communist China,” Parts I & II, 6 Sydney L. Rev. 153 & 335 (1969).Google Scholar

** Part I discusses the historical background of the PRC's law while Part II covers law in post-revolutionary China. Although its thesis revolves around the difference between Gemeinschaft and Gesellschaft types of law, much here is of interest to the student of criminal law in the PRC.Google Scholar

85 Tay, A. “Smash Permanent Rules: China as a Model for the Future,” 7 Sydney L. Rev. 400 (1976).Google Scholar

** Constitutes Part III of the author's “Law in Communist China”.Google Scholar

86 Tsien, T. “Notion de Responsibilité en Droit Chinois,” 22 Arch. Phil. Droit 161 (1977).Google Scholar

** Discusses the various forms of responsibility in China, including criminal, chiefly during the pre-revolutionarv era. Brief summary of the notion of responsibility in the PRC.Google Scholar

87 Tsien, T. “Les Orientations Fondamentals de la Politique Criminelle de la Chine Populaire.” 2 Arch. Politique Crim. 219 (1977).Google Scholar

88 Vogel, E. “Preserving Order in the Cities,” in J. W. Lewis ed., The City in Communist China. Stanford: Stanford University Press, 1971. pp. 75–93.Google Scholar

** A study of public security work in the cities of the PRC, emphasizing its preventative thrust.Google Scholar

89 Watson, A. “People v. Tai Hung-sheng,” China Q. No. 78 at 360 (1979). A brief account and transcript of an embezzlement trial in Shanghai, late 1977.Google Scholar

90 Weggel, O. “Am Vorabend einer Gesetzgebungs-Renaissance: Traditionelle Elemente im Modernen Recht,” 7 China Aktuell 574 (1978).Google Scholar

** Surveys legislation in the PRC, demonstrating the continued existence therein of some classical Chinese elements. Criminal law and procedure are discussed in this context on pages 578 and 579.Google Scholar

91 Weggel, O. “Die Neubelebung des Justiz-und Sicherheitswesens in der V. R. China,” 7 China Aktuell 745 (1978).Google Scholar

** Discusses concerns expressed at the numerous central and provencial conferences on people's justice and security matters held in the PRC during the Spring and Summer of 1978.Google Scholar

92 White, M. “Corrective Labor Camps in China,” 13 Asian Survey 253 (1973).Google Scholar

** Describes “… the basic types of corrective labor camps, their internal organization, and the nature of the daily inmate routine …, “ and considers a number of questions surrounding these areas.Google Scholar

93 Yee, F. “Chinese Communist Police and Courts,” 48 J. Crim. L. & Criminology 83 (1958).Google Scholar

** A brief, and frankly antagonistic view of the PRC's police and criminal courts as of the mid-1950s.Google Scholar