Antagonistic Contradictions: Criminal Law and Human Rights in China

Abstract

The institutions of criminal law and their relation to human rights in the People's Republic of China are worth studying for a number of reasons. First, it is in the realm of criminal law and human rights discourse that much of the Chinese conception of law itself is worked out. Secondly, criminal law in China, like criminal law anywhere, carries with it a theory of social order and disorder that is worth looking at for its own sake. One of the challenges facing Chinese criminal law today is that of rejustifying itself in the face of the enormous social changes that have taken place since the beginning of economic reform and China's opening to the outside world in the late 1970s. Thirdly, as long as human rights remain a matter of international concern, one cannot ignore the institutions of punishment that govern one-fifth of the world's population. This article gives an overview of issues of criminal law and human rights as they affect Chinese society today.