{"title":"“特殊时期需要特殊措施”:中国刑事司法创新应对新冠肺炎疫情","authors":"Enshen Li, Xifen Lin, Sihong Liu","doi":"10.1353/chn.2023.0004","DOIUrl":null,"url":null,"abstract":"Abstract:This article reveals how COVID-19 has provoked the enactment of recent emergency regulations and the implications for criminal justice policy and practice in the People's Republic of China (PRC). In what the authors describe as a principle that \"special times call for special measures\", China's legal approach to the challenges created by COVID-19 resembles the country's enduring crime control \"strike hard\" strategy. Under the banner of \"dynamic zero-COVID\", this analysis also demonstrates the practice of cautious law enforcement as seen through the \"strike hard\" practices. This is encapsulated by the augmentation and specification of \"risk-creation\" offences as well as the emerging trend that favours charging risk perverse actions as more serious offences when assessing punishment.","PeriodicalId":45391,"journal":{"name":"China-An International Journal","volume":"21 1","pages":"1 - 23"},"PeriodicalIF":0.5000,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"\\\"Special Times Call for Special Measures\\\": China's Regulation of COVID-19 through Criminal Justice Innovation\",\"authors\":\"Enshen Li, Xifen Lin, Sihong Liu\",\"doi\":\"10.1353/chn.2023.0004\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract:This article reveals how COVID-19 has provoked the enactment of recent emergency regulations and the implications for criminal justice policy and practice in the People's Republic of China (PRC). In what the authors describe as a principle that \\\"special times call for special measures\\\", China's legal approach to the challenges created by COVID-19 resembles the country's enduring crime control \\\"strike hard\\\" strategy. Under the banner of \\\"dynamic zero-COVID\\\", this analysis also demonstrates the practice of cautious law enforcement as seen through the \\\"strike hard\\\" practices. This is encapsulated by the augmentation and specification of \\\"risk-creation\\\" offences as well as the emerging trend that favours charging risk perverse actions as more serious offences when assessing punishment.\",\"PeriodicalId\":45391,\"journal\":{\"name\":\"China-An International Journal\",\"volume\":\"21 1\",\"pages\":\"1 - 23\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2023-02-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"China-An International Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1353/chn.2023.0004\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"AREA STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"China-An International Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1353/chn.2023.0004","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"AREA STUDIES","Score":null,"Total":0}
"Special Times Call for Special Measures": China's Regulation of COVID-19 through Criminal Justice Innovation
Abstract:This article reveals how COVID-19 has provoked the enactment of recent emergency regulations and the implications for criminal justice policy and practice in the People's Republic of China (PRC). In what the authors describe as a principle that "special times call for special measures", China's legal approach to the challenges created by COVID-19 resembles the country's enduring crime control "strike hard" strategy. Under the banner of "dynamic zero-COVID", this analysis also demonstrates the practice of cautious law enforcement as seen through the "strike hard" practices. This is encapsulated by the augmentation and specification of "risk-creation" offences as well as the emerging trend that favours charging risk perverse actions as more serious offences when assessing punishment.