Comparative Criminal Law and Enforcement: China

Reform in the criminal process in China should be seen in the light of a conflict between the political need for stability on the one hand, and the domestic and international pressures to liberalize the criminal justice system on the other. China remains a one-party state under the dominance of the CCP despite economic liberalization, and the primary concern of the CCP has been the maintenance of social and political order. "Stability overwhelms everything," as the CCP has insisted. Whenever the CCP perceives that crime is posing a threat to stability and challenging its legitimacy, it will mobilize the criminal justice system to strike hard at crime, disregarding most of the legal requirements. Gradual and piecemeal reform and liberalization have been interrupted by periodical campaigns against crime. Criminal law and criminal justice are fundamentally political.

At the same time, a progressive force is taking root in China, pushing for liberalization of criminal law and the criminal justice system and the implementation of rights already existing in Chinese law. The growth in the economy is creating a middle class and a vibrant society that demands its rights. International pressures, especially China's pending participation in the World Trade Organization (WTO) and the possible ratification of the International Covenant of Civil and Political Rights, will add momentum to the liberation of China's criminal justice system.