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Corruption Control in Post-Reform China pp 91–124Cite as

Status of Law

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Abstract

A state can be either regarded as a rule of man state, rule by law or rule of law state. The contrast between the rule of men and the rule of law is first found in Plato’s Statesman and Laws and subsequently in Aristotle’s Politics, where the rule of law implies both obedience to positive law and formal checks and balances on rulers and magistrates

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Notes

  1. 1.

    Li Lin (ed.) 中国法治发展报告 No. 6 (2008), 中国社会科学院法学研究所, Refer to http://product.dangdang.com/product.aspx?product_id=20163531.

  2. 2.

    Retrieved on Jan 15, 2008 from http://www.southcn.com/NEWS/dishi/shenzhen/ttxw/200504130160.htm.

  3. 3.

    Retrieved on Jan 15, 2008 from http://news.sina.com.cn/c/2005-04-26/14276498302.shtml.

  4. 4.

    Retrieved on Jan 15, 2008 from http://news.xinhuanet.com/legal/2005-04/13/content_2842538.htm.

  5. 5.

    Retrieved on Jan 15, 2008 from http://news.xinhuanet.com/tech/2007-01/18/content_5621769.htm.

  6. 6.

    Retrieved on Jan 15, 2008 from http://www.bitscn.com/news/internet/200701/91871.html.

  7. 7.

    Retrieved on Jan 15, 2008 from http://cq.people.com.cn/NewsCenter/20070913162247.shtml.

  8. 8.

    China Criminal Law (1997), Article 247.

  9. 9.

    Retrieved on Jan 15, 2008 from Refer to news.sohu.com/20060214/n241816037.shtml.

  10. 10.

    It means “subordinates” in local slang.

  11. 11.

    Chongqing Morning News (重庆晚报), 2005, April 4. or refer to http://news.sina.com.cn/c/2005-04-04/04186276032.shtml.

  12. 12.

    Design Institute is not treated as government department, and their staff is seen as enterprise employees rather than state functionaries. The corruption case in which they are involved is handled by Procuratorate directly instead of by CDI.

  13. 13.

    China Criminal Law, Article 247.

  14. 14.

    China Criminal Procedure Law, Article 43.

  15. 15.

    Also the secretary of the CCP of the Hebei (河北) International Trust and Investment Company.

  16. 16.

    New Beijing News, 2005, Oct 10.

  17. 17.

    Retrieved on 8 May 2007 from http://finance.people.com.cn/GB/42774/3849328.html.

  18. 18.

    Retrieved on Jan. 3, 2007 from http://www.nanfangdaily.com.cn/southnews/jwxy/200706080048.asp and http://www.nanfangdaily.com.cn/southnews/jwxy/200707090046.asp.

  19. 19.

    The CCDI issued the 7th document of 2005 at the end of May which is therefore called No. 7 Document in China. It was transmitted to city level in January, 2006, and in February from City level to county level. The No. 7 Document has 7 chapters, including shuanggui content in the section three of chapter four. The No. 7 Document stipulates that shuanggui objects should be CCP members, and should also satisfy one of following conditions: found to be corrupt with strong evidence and need further investigation; found violating regulations and potentially escaping or destroying evidence; and involved in corruption case and not providing evidences. For the shuangguied subjects, there is no much difference from the before.

  20. 20.

    The Constitution of P.R. China, Article 33.

  21. 21.

    First, Teng “confessed” he chocked the victim to death. However, the judicial investigation shows that the victim's cheekbone was broken. It must be hurt by a heavy tool, and couldn’t be done by hands. Second, Teng “confessed” that he dismembered the victim with an axe, but the legal inspection report by Zhongshan Medical University shows that there was no human blood on the axe. Third, the skull verification by Tieling Public Security shows that there are some non-coincidences between the verified skull and Shi's photo. Fourth, the materials usually float from the upper river to lower bank. The body was found in the upper river, but the criminal spot “confessed” by Teng was in the lower river. Teng's lawyer raised such questions to the court, but never taken seriously by the law enforcers.

  22. 22.

    According to She's memory, Pan did torture him for confession, and it is above the medium. Refer to http://www.chinanews.com.cn/news/2005/2005-05-30/26/579891.shtml and http://news.xinhuanet.com/legal/2005-05/27/content_3008196.htm and http://news.sina.com.cn/c/2005-05-27/01126759414.shtml.

  23. 23.

    Retrieved on Jan 15, 2007 from http://news.xinhuanet.com/comments/2005-05/31/content_3024730.htm.

  24. 24.

    Retrieved on Feb 10, 2007 from http://news.xinhuanet.com/legal/2005-05/27/content_3008196.htm.

  25. 25.

    Retrieved on August 20, 2007 from http://news.xinhuanet.com/newscenter/2005-03/18/content_2712116.htm or http://www.nanfangdaily.com.cn/rwzk/20050406/sz/200504210020.asp.

  26. 26.

    Refer to Procuratorate Daily 2005, 03, 12. or http://www.jcrb.com/n1/jcrb787/ca365961.htm.

  27. 27.

    Retrieved on Jan. 18, 2007 from http://news.sina.com.cn/s/2004-11-27/23394362868s.shtml or http://news.xinhuanet.com/focus/2005-06/24/content_3125962_1.htm.

  28. 28.

    The article 8 of Legislative Law provides that detaining citizens and confining citizen’s freedom can only be proved by law. The CCDi rule is not law and therefore is not authorized to confine citizens.

  29. 29.

    Retrieved on Feb 10, 2008 from http://news.xinhuanet.com/politics/2006-05/09/content_4523744.htm.

  30. 30.

    Retrieved on Feb 10, 2008 from http://news.sina.com.cn/c/2007-07-26/192313534436.shtml.

  31. 31.

    Rules of Inner Supervision and Disciplinary Punishment for Party officials and Government Officials, P223. China Legal Press, 2004.

  32. 32.

    Retrieved on Sept 19, 2007 from http://news.163.com/06/1008/00/2SSD1PFA0001124J.html.

  33. 33.

    Retrieved on Sept 19, 2007 from http://news.sina.com.cn/c/2006-10-07/230311175700.shtml.

  34. 34.

    Mingpao cited Canadian newspaper for the report.

  35. 35.

    Retrieved on Feb 10, 2008 from http://news.phoenixtv.com/phoenixtv/83885040617914368/20051011/657770.shtml.

  36. 36.

    Sheng Xue (2000). Black secret of Yuanhua case (Unveiling the Yuanhua Case), Mirror Press, pp. 474-475.

  37. 37.

    People’s Court at county level or lower has no authority to sentence death penalty to criminal.

  38. 38.

    Retrieved on Jan 18, 2007 from http://finance.sina.com.cn/review/20050704/12491756712.shtml.

  39. 39.

    Retrieved on Jan 18, 2007 from http://finance.sina.com.cn/review/20050704/12491756712.shtml.

  40. 40.

    Retrieved on Feb. 16, 2008 from http://news.xinhuanet.com/legal/2005-08/26/content_3405426_1.htm.

  41. 41.

    Retrieved on Feb. 16, 2008 from http://www.gansudaily.com.cn/20050902/112/2005902A0004G003.htm.

  42. 42.

    Retrieved on Feb. 16, 2008 from http://news.xinhuanet.com/politics/2008-01/27/content_7501899.htm.

  43. 43.

    Retrieved on Feb. 16, 2008 from http://www.gansudaily.com.cn/20050902/112/2005902A0004G003.htm.

  44. 44.

    The 110 emergence system is the same 999 call in Hong Kong and 911 in US.

  45. 45.

    XXX is a municipal city which neighbors to YYY Municipal City. Shao case happened in a county in YYY city’s jurisdiction. From such a administrative ranking difference, we can see that a chief procurator of municipal city means a lot of power for an official at county level.

  46. 46.

    “改进相关设施” in Chinese.

  47. 47.

    Retrieved on Aug 8, 2007 from http://news.tom.com/2007-11-09/OI27/35163179_04.html.

  48. 48.

    Retrieved on Oct 15, 2007 from http://news.sina.com.cn/c/2007-11-09/162014272878.shtml.

  49. 49.

    Retrieved on Oct 15, 2007 from http://news.sina.com.cn/c/2007-11-09/162014272878.shtml.

  50. 50.

    Retrieved on Oct 15, 2007 from http://news.tom.com/2007-11-09/OI27/35163179_04.html.

  51. 51.

    Liu's fortune started from selling ticket on black market. He controlled the tickets and allocated them to He Jian who was a TV station logistic staff buying tickets and other staff for TV station workers. Building relationships with Liu in a TV program, he turned out to be a ticket broker. With Liu's help, He's computer was connected to the ticket program of Hankou (汉口) Railway Station. He sold ticket for higher price, and gave certain kickbacks to Liu Zhixiang.

  52. 52.

    “Repair” is a typical Chinese slang which means to beat or hurt someone in order to give him/her a lesson.

  53. 53.

    Retrieved on Jan 17, 2008 from http://news.sina.com.cn/s/2006-07-03/103010318437.shtml.

  54. 54.

    Prosecutorial View (2006), No. 10.

  55. 55.

    Retrieved on Jan 17, 2007 from http://www.jcrb.com/zyw/n55/ca469498.htm.

  56. 56.

    It is said that Yuan and his brothers were executed to bury crimes committed by a Liaoning (辽宁) provincial leader in political and law field who “borrowed” HKD $120 million to register a company in Hong Kong from Yuan, but the money was never returned. Refer to http://finance.sina.com.cn/g/20060318/08362428034.shtml.

  57. 57.

    Death penalty with 2 years probation is totally divergent from immediate execution in China. Usually, the death penalty will be changed to life imprisonment with criminal's good performance in jail, and then the life imprisonment will be changed into 20 or 15 years imprisonment further. Following this logic, criminal will be released in about 10 years. The Article 50 of China Criminal Law provides that anyone who is sentenced to death with a suspension of execution commits no intentional crime during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of the 2-year period; if he has truly performed major meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years upon the expiration of the 2-year period.

  58. 58.

    Retrieved on Jan. 20, 2008 from http://chinese.irib.ir/news/06-03-18/06031819.htm.

  59. 59.

    Retrieved on Jan. 20, 2008 from http://www.jcrb.com/zyw/n55/ca469517.htm.

  60. 60.

    Article 4 of the Regulation of Protection on Offence-reporter and Accusant, refer to 《党政干部党内监督和纪律处分规定》,中国法制出版社, 2004, p. 129–130.

  61. 61.

    Prosecutorial View (2006), No. 10.

  62. 62.

    Article 6 of the Regulation of Protection on Offence-reporter and Accusant, refer to 《党政干部党内监督和纪律处分规定》,中国法制出版社, 2004, p. 130.

  63. 63.

    Prosecutorial View (2006), No. 10.

  64. 64.

    Retrieved on December 10, 2007 from http://news.163.com/06/0611/05/2JAJ92OA0001124J.html.

  65. 65.

    Retrieved on December 10, 2007 from http://www.xj.xinhuanet.com/lianzheng/2006-03/18/content_6506998.htm.

  66. 66.

    Retrieved on December 10, 2007 from http://news.21cn.com/domestic/shiyong/2006/11/26/3045241_1.shtml.

  67. 67.

    The vice mayor also took the post of Director of Anshan Public Security Bureau simultaneously.

  68. 68.

    Another form of imprisonment in China.

  69. 69.

    Retrieved on December 19 from http://news.xinhuanet.com/legal/2007-07/23/content_6417341.htm.

  70. 70.

    Retrieved on April 3, 2007 from http://www.jcrb.com/zyw/n56/ca474105.htm or http://www.nanfangdaily.com.cn/southnews/jwxy/200603290115.asp. In the period of Li's transformation, Li's mother couldn't bear the spiritual shock, thereafter, was hospitalized. Because family members received intimidations and threats again and again, Li's son stopped schooling for 1 year.

  71. 71.

    Retrieved on March 10, 2008 from http://news.sina.com.cn/c/2007-08-24/180613737807.shtml.

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  1. Nanchang University, Nanchang, China

    Guoping Jiang

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Jiang, G. (2017). Status of Law. In: Corruption Control in Post-Reform China. Springer, Singapore. https://doi.org/10.1007/978-981-10-4050-4_6

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  • DOI: https://doi.org/10.1007/978-981-10-4050-4_6

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