The Legal System and the Rule of Law

Abstract

Chapter 9 covers criminal justice in the first two decades after Mao’s death (1977–1996), when Deng Xiaoping was the top leader. With a brief summary of political developments, it outlines the post-Mao legal-judicial reforms as part of the reform and opening policies launched by Deng, including the enactment of the first Criminal Code and the Criminal Procedural Law of the PRC. While the Criminal Code retained Maoist language and influence, such as placing certain offenses in a category of “counterrevolutionary crimes,” the Criminal Procedural Law offered the beginning steps leading to procedural justice. The reforms included construction of a court system, professionalization of judges, and restoration of the legal profession. The chapter also looks at legal responses to reemerging crimes such as prostitution, human trafficking, narcotics trafficking, and pornography.