Topic 4: Introduction to Comparative Criminal Justice (Continuation of topic 3)

Objective/s:
At the end of the topic, the students will be able understand the basic concept of
Islamic Law.

Lesson 1
Concept of Islamic Law
Islamic Law or redundantly Sharia Law
• 'Islamic law' refers to the diverse legal systems that have been and continue
to be produced with the objective of being in accord with the Islamic faith.

• A religious law forming part of the Islamic tradition.

• It is derived from the religious precepts of Islam, particularly the Quran and
the hadith.

• In Arabic, the term sharīʿah refers to God's immutable divine law and is
contrasted with fiqh, which refers to its human scholarly interpretations.

• The manner of its application in modern times has been a subject of dispute
between Muslim fundamentalists and modernists.

• Sharia is the Arabic word for Islamic law, also known as the Law of Allah.
Islam classically draws no distinction between religious, and secular life.
Hence Sharia covers not only religious rituals, but many aspects of daytoday
life, politics, economics, banking, business or contract law, and social issues.

• Different legal schools of which the most prominent are Hanafi, Maliki, Shafi'i,
Hanbali and Jafari - developed methodologies for deriving Sharia rulings from
scriptural sources using a process known as ijtihad.

• Traditional jurisprudence (fiqh) distinguishes two principal branches of law,

ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a
wide range of topics.

• Sultanic courts, the police and market inspectors administered criminal

justice, which was influenced by Sharia but not bound by its rules. NonMuslim
(dhimmi) communities had legal autonomy to adjudicate their internal affairs.

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 • In the modern era, traditional laws in the Muslim world have been widely
replaced by statutes inspired by European models.
Meaning and origins of the word
People of different religions who speak Arabic use the word sharīʿah to describe a
religious tradition that comes from teachings of prophets. For many Muslims the
word "sharia" means simply "justice". They will say that any law agrees with sharia
as long as it helps to build a more fair and prosperous society.
Most Muslims think that sharia should be interpreted by experts in Islamic law. In
Arabic, the word sharia refers to God's revelation, which does not change. In
contrast, the rules of behavior created by scholars as they try to understand God's
revelation are called fiqh. These rules can change and Islamic scholars have often
disagreed about them.
Dietary laws
Islamic law lists only some specific foods and drinks that are not allowed.
Pork, blood, and scavenged meat are not allowed. People are also not allowed to eat
animals that were slaughtered in the name of someone other than Allah.
Intoxicants (like alcoholic drinks and drugs) are not allowed generally.
While Islamic law prohibits already-dead meat, this does not apply to fish and
locusts. Also, hadith literature prohibits beasts having sharp canine teeth, birds
having claws and talons in their feet, tamed donkeys, and any piece cut from a
living animal.
Sacrifice
There are some specific rules regarding the killing of animals in Islam.
The animal must be killed in the most humane way: by swiftly cutting the throat.
The animal must not be diseased.
The animal must not have been exposed to feces, worms, and other impurities.
All blood must drain from the animal before being packaged.

Family life
A Muslim woman can only marry a Muslim man and a Muslim man can only marry a
Muslim or Ahl al-Kitāb. He/She cannot marry an atheist, agnostic or polytheist.
A Muslim minor girl's father or guardian needs her consent when arranging a
marriage for her. And should only marry when she is of legal age.
A marriage is a contract that requires the man to pay, or promise to pay some of the
wedding and provisions the wife needs. This is known as the Mahr or Meher.
A Muslim man may be married to up to four women at a time, although the Qur'an
has emphasized that this is a permission, and not a rule. The Qur'an has stated that
to marry one is best if you fear you cannot do justice between your wives and
respective families. This means that he must be able to house each wife and her
children in a different house, he should not give preferential treatment to one wife
over another.

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A female heir inherits half of what a male heir inherits. The concept being that Islam
puts the responsibility of earning and spending on the family on the male. Any
wealth the female earns is strictly for her own use. The female also inherits from
both her immediate family and through agency of her husband, her in-laws as well.
Crime and punishment
Sharia recognizes three categories of crime:
Offenses mentioned in the Quran (hudud) that are viewed as violating "claims of
God" and have fixed punishments.
Offenses against persons (murder and wounding) which call for a punishment
similar to the crime (qisas) or payment of compensation (diya)
Other forbidden behavior where a Muslim judge uses his discretion in sentencing
(ta'zir and siyasa)
Although there is some disagreement about which crimes are hudud crimes, they
usually include theft, highway robbery, zina (sex with forbidden partners), falsely
accusing someone of zina, and drinking alcohol. The prescribed punishments for
these crimes range from 80 lashes to death. However, classical jurists developed
very strict rules which restrict when these punishments could be applied, so that in
many cases it became almost impossible to convict anyone under these rules. For
example, there must be four adult male Muslim witnesses to a hudud crime or a
confession repeated four times, before someone can be punished. If a criminal could
not be convicted of a hudud crime, they could still receive a tazir punishment.
Murder, bodily injury and property damage - intentional or unintentional - is
considered a civil dispute under sharia law.[25] The victim, victim's heir(s) or
guardian is given the option to either forgive the offender, demand Qisas (equal
retaliation) or accept a compensation (Diyya). Under sharia law, the Diyya
compensation received by the victim or victim's family is in cash.
Apostasy is punished by death unless the apostate agreed to return to Islam.

The Five Pillars of Islam

The Five Pillars are the core beliefs and practices of Islam:
1. Profession of Faith (shahada). The belief that "There is no god but God,
and Muhammad is the Messenger of God" is central to Islam. This phrase,
written in Arabic, is often prominently featured in architecture and a range of
objects, including the Qur'an, Islam's holy book of divine revelations. One
becomes a Muslim by reciting this phrase with conviction.

2. Prayer (salat). Muslims pray facing Mecca five times a day: at dawn, noon,
mid-afternoon, sunset, and after dark. Prayer includes a recitation of the
opening chapter (sura) of the Qur'an, and is sometimes performed on a small
rug or mat used expressly for this purpose (see image 24). Muslims can pray
individually at any location (fig. 1) or together in a mosque, where a leader in
prayer (imam) guides the congregation. Men gather in the mosque for the
noonday prayer on Friday; women are welcome but not obliged to participate.

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 After the prayer, a sermon focuses on a passage from the Qur'an, followed by
prayers by the imam and a discussion of a particular religious topic.

3. Alms (zakat). In accordance with Islamic law, Muslims donate a fixed portion
of their income to community members in need. Many rulers and wealthy
Muslims build mosques, drinking fountains, hospitals, schools, and other
institutions both as a religious duty and to secure the blessings associated
with charity.

4. Fasting (sawm). During the daylight hours of Ramadan, the ninth month of
the Islamic calendar, all healthy adult Muslims are required to abstain from
food and drink. Through this temporary deprivation, they renew their
awareness of and gratitude for everything God has provided in their lives—
including the Qur'an, which was first revealed during this month. During
Ramadan they share the hunger and thirst of the needy as a reminder of the
religious duty to help those less fortunate.

5. Pilgrimage (hajj). Every Muslim whose health and finances permit it must
make at least one visit to the holy city of Mecca, in present-day Saudi Arabia.
The Ka'ba, a cubical structure covered in black embroidered hangings, is at
the center of the Haram Mosque in Mecca (fig. 2). Muslims believe that it is
the house Abraham (Ibrahim in Arabic) built for God, and face in its direction
(qibla) when they pray. Since the time of the Prophet Muhammad, believers
from all over the world have gathered around the Ka'ba in Mecca on the
eighth and twelfth days of the final month of the Islamic calendar.

Laws and their salient features

Law Features

Common Law judicial precedent or judge-made law, or

(case law)

Civil Law intellectualized within the framework of

Roman law, and with core principles
codified into a referable system, which
serves as the primary source of law

Socialist Law
based on the civil law system, with major
modifications and additions
from Marxist-Leninist ideology

Islamic Law a religious law forming part of the Islamic

tradition. It is derived from the religious
precepts of Islam, particularly the Quran
and the hadith.

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Topic 5: Features of the Criminal Justice System of Japan

Objective/s:

At the end of the topic, the students will be able to know and understand the
functions of the pillars of CJS in Japan.

Lesson 1.

Introduction to the Japanese legal system

The legal system of Japan is based upon civil law. Under Japanese criminal
law, the accused is innocent until proven guilty and the burden of proof rests with
the prosecutor. The defendant must be given the benefit of the doubt.
Should an accused be convicted of committing an offence, he or she will be subject
to the punishment as prescribed by law. The procedure followed in a criminal case is
the same throughout Japan; the basic provisions governing criminal offences can be
found online at Penal Code and Rules of Criminal Procedure.

The role of the public prosecutor is to present facts and information to the
court to establish the guilt of a defendant and request the court to punish the
defendant in accordance with the provisions of the law. The decision to plead
“guilty” or “not guilty” is entirely the decision of the defendant.
The court system in Japan consists of summary courts, district courts, family courts,
high courts and the Supreme Court of Japan. For criminal cases, a three-tier court
system is used: a summary or district court (first instance), a high court (second
instance) and finally, the Supreme Court (appeal).

STRUCTURE AND ORGANIZATION OF THE CRIMINAL JUSTICE ADMINISTRATION

I. POLICE

A. Overview

The police are the primary investigative agency in Japan. Police responsibilities
under the Police Act include “protecting life, person, and property; preventing,
suppressing, and investigating crimes; apprehending suspects; traffic enforcement;
and maintaining public safety and order.”

Actual police duties are executed by prefectural police organizations, while the
national police organization undertakes: the planning of police policies and systems;
control of police operations on national safety issues; and co-ordination of police
administration.

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As of 2013, the authorized police strength is 293,588 nationwide, of which 7,721
belong to the National Police Agency and 285,867 to the prefectural police forces.

B. National Police Organization

The National Public Safety Commission and the National Police Agency
[hereinafter NPA] constitute Japan’s national police organization.

1. The National Public Safety Commission

The National Public Safety Commission is an administrative board that

exercises administrative supervision over the NPA. The Commission is composed of
a Chairman, who is a Minister of State, and five members appointed by the Prime
Minister to a five-year term with the consent of both houses of the Diet. While the
Commission is under the jurisdiction of the Prime Minister, the Prime Minister is not
empowered to exercise direct command and control over the Commission. The
rationale for adopting such a structure was to establish democratic administration of
the police and to ensure its political neutrality.

The Commission formulates basic policies and regulations, co-ordinates police

administration on matters of national concern, and authorizes general standards for
training, communication, forensics, criminal statistics, and equipment.

The Commission appoints the Commissioner General of the NPA and senior
officials of prefectural police organizations, and indirectly supervises prefectural
police organizations through the NPA.

2. The National Police Agency

The NPA is headed by the Commissioner General, who is appointed by the

National Public Safety Commission with the approval of the Prime Minister. The
Commissioner General, under the administrative supervision of the Commission,
administers the Agency’s operations and supervises and controls prefectural police
organizations within the agency’s defined duties. NPA duties include planning and
research on police systems; the national police budget; police communications;
training; equipment; forensics; and criminal statistics. The National Police Academy,
the National Research Institute of Police Science and the Imperial Guard
Headquarters are attached to the NPA. The National Police Academy holds training
courses for senior police officers. The National Research Institute of Police Science
conducts a broad range of analysis, identification and research work that requires
specialized knowledge and skills in biology, medicine and other disciplines. The
Imperial Guard Headquarters provides escorts for the Imperial Family and is
responsible for the security of the Imperial Palace.

C. Local Police Organization

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 The Prefectural Public Safety Commission and the Prefectural Police
Headquarters constitute the local police organization. Each of the 47 prefectures of
Japan has one Prefectural Public Safety Commission and one Prefectural Police
Headquarters.

1. The Prefectural Public Safety Commission

The Prefectural Public Safety Commissions are under the jurisdiction of

elected prefectural Governors. The Commissions have three to five members who
are appointed by the Governors with the consent of the prefectural assemblies.

The Commissions exercise administrative supervision over the prefectural

police by formulating basic policies and regulations for police operations. However,
they are not authorized to supervise individual investigations or specific law
enforcement activities of the prefectural police.

2. Prefectural Police

Prefectural Police Headquarters take charge of executing the actual police

duties of protecting life, person, and property; preventing, suppressing, and
investigating crimes; apprehending suspects; traffic enforcement; and maintaining
public safety and order. The Prefectural Police Headquarters for Tokyo is called the
Metropolitan Police Department and is the largest such prefectural headquarters in
Japan.

Police stations are under the command of their respective Prefectural Police
Headquarters, and as of 2010, there are 1,184 police stations nationwide. Koban
(police boxes) and Chuzaisho (residential police boxes) are subordinate units of
police stations, and as of 2010, there are 6,232 Koban and 6,847 Chuzaisho
nationwide. Police stations are under the command of their respective Prefectural
Police Headquarters, and as of 2013, there are 1,173 police stations nationwide.
Koban (police boxes) and Chuzaisho (residential police boxes) are subordinate units
of police stations, and as of 2013, there are 6,248 Koban and 6,614 Chuzaisho
nationwide.

II. PROSECUTION

A. Qualification

In Japan, judges, public prosecutors, and private attorneys have the same
qualifications. To become a qualified lawyer in Japan, in principle, applicants must
pass the National Bar Examination, complete a period of training, and pass the final
national exam.

Previously, there were no eligibility requirements for the National Bar

Examination, and the ratio of successful candidates was approximately 2 to 3
percent. After passing the National Bar Examination, candidates had to complete an
18-month apprenticeship at the Legal Training and Research Institute managed by

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the Supreme Court. At the end of the training period, legal apprentices had to pass
a final examination to qualify as legal practitioners.

Recently, the system was changed as a part of extensive judicial reform in

Japan. That reform aimed to increase the number of legal practitioners to 50,000,
one for every 2,400 citizens, by the end of 2018, compared with 21,000 in 2000.
However, the plan is currently being reconsidered.

Under the new system, in order to become a qualified lawyer, candidates

must first complete graduate level legal studies at an approved law school, and then
pass the new National Bar Examination. The pass rate for the new Examination is
substantially higher than that of its predecessor. In 2013, 2,049 candidates passed
the Examination, and its pass rate was 26.8 percent. Following the Bar Exam,
candidates must take a one-year course as a legal apprentice at the Legal Training
and Research Institute, and then pass the final national exam. Law schools for
graduate students were established from April 2004 and the new National Bar
Examination started in 2006.

Judges or public prosecutors who resign their positions can become private
attorneys, and most retirees from the judiciary and prosecution do in fact become
private attorneys. Similarly, a private attorney also can become a judge or a public
prosecutor. As of 2013, there were about 2,900 judges (including assistant judges),
1,800 public prosecutors and 34,000 private attorneys in Japan.

B. Organization

The Prosecutors Office consists of the Supreme Public Prosecutors Office

(headed by the Prosecutor- General), eight High Public Prosecutors Offices (headed
by a Superintending Prosecutor), 50 District Public Prosecutors Offices (headed by a
Chief Prosecutor) with 203 branches, and 438 Local Public Prosecutors Offices. The
different levels of public prosecutors’ offices correspond to comparable levels in the
courts.

As of 2013, there were about 1,800 public prosecutors, about 900 assistant
public prosecutors,3and about 9,000 prosecutor’s assistant officers. Regarding the
size of District Public Prosecutors Offices, the average office has about ten public
prosecutors. The smallest has only five public prosecutors, and the largest has more
than 200. Each office has a Chief and a Deputy Chief Prosecutor who supervise
investigation, prosecution and trial. Thus, for example, in the smallest office, only
three public prosecutors actually investigate and prosecute cases. In small offices,
the public prosecutor who investigates and indicts a suspect is the same person
who handles the trial. In contrast, in large offices, two different public prosecutors
carry out these duties, working either in the Investigation Department (usually
called the “Criminal Affairs Department”) or the Trial Department.

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C. Functions and Jurisdiction

Public prosecutors exercise such functions as investigation, instituting

prosecution, requesting the proper application of law by courts, supervising the
execution of judgments and other matters which fall under their jurisdiction. When it
is necessary for the purpose of investigation, they can carry out their duties outside
of their geographic jurisdiction.

D. Status (Independence and Impartiality)

Public prosecutors have a status equivalent to that of judges in terms of

qualifications and salary. They are considered impartial representatives of the public
interest, and their independence and impartiality are protected by law. Aside from
disciplinary proceedings, they cannot be dismissed from office, suspended from the
performance of their duties, or suffer a reduction in salary against their will, with
limited [Link] Prosecutor-General, the Deputy Prosecutor-General and the
Superintending Prosecutors are appointed by the Cabinet, and other public
prosecutors by the Minister of Justice. Their retirement age is 63 (65 for the
Prosecutor-General).

Prosecutorial functions are part of the executive power vested in the

Cabinet,5 and the Cabinet is responsible to the Diet in the exercise of its powers. As
a member of the Cabinet, the Minister of Justice should have the power to supervise
public prosecutors. On the other hand, prosecutorial functions have a quasi-judicial
nature, inevitably exerting an important influence on all sectors of the criminal
justice system, including the judiciary and the police. If those functions were subject
to political influence, the integrity of the entire criminal justice system would be
jeopardized. To harmonize these requirements, the Public Prosecutors Office Law
Article 14 provides that “[the] Minister of Justice may control and supervise public
prosecutors generally65 in regard to their functions. However, in regard to the
investigation and disposition of individual cases, he or she may control only the
Prosecutor-General.” The Minister of Justice cannot directly control an individual
public prosecutor’s investigation or disposition of cases.

Topic 6: Features of the Criminal Justice System of Japan (Continuation of

topic 5)

Objective/s:

At the end of the topic, the students will be able to understand the operations
of the judicial and penal system of Japan.

Lesson 1

III. COURTS

A. Structure

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1. Introduction

Article 76 of the Japanese Constitution vests all judicial power in the Supreme
Court and inferior courts. No tribunal, organ, or agency of the executive branch can
be given final judicial power. All criminal cases are heard and determined in ordinary
judicial tribunals. All courts in Japan are incorporated into a unitary national judicial
system. There are five types of courts: the Supreme Court, High Court, District
Court, Family Court and Summary Court. As of 2013 there were approximately 2,900
judges within these courts, including assistant judges, and there were about 800
Summary Court judges. Approximately 22,000 other officers work in the judiciary,
including court clerks, stenographers, and bailiffs.

2. The Supreme Court

The Supreme Court, located in Tokyo, is the highest court in Japan and
consists of the Chief Justice and fourteen Justices. The Supreme Court has one
Grand Bench, consisting of all the Justices, and three Petit Benches, each consisting
of five Justices.

The Supreme Court has appellate jurisdiction over Jokoku (final appeals) and
Kokoku (appeals against rulings specially provided for in codes of procedures) as
provided by law. See page 33 for the meaning of Jokoku, Kokoku, and Koso. It
ordinarily hears a Jokoku appeal against a High Court decision on the following
grounds: (i) a violation of the Constitution or an error in constitutional interpretation,
or (ii) adjudication contrary to precedents of the Supreme Court or High Courts. The
Supreme Court may also hear at its discretion Jokoku appeals against any case
which involves an important point of statutory interpretation.

Article 81 of the Constitution empowers the Supreme Court, as the court of

last resort, to determine the constitutionality of any law, order, rule or disposition.
The Supreme Court exercises this power not by declaring constitutionality in a
general way, but by rendering case-specific decisions.
3. The High Court

The eight High Courts are located in eight major cities in Japan: Tokyo, Osaka,
Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo and Takamatsu. Each High Court
consists of a President and other High Court judges. High Courts have jurisdiction
over Koso (appeals against judgment in the first instance rendered by District Courts
and Summary Courts) as provided by law. Ordinarily, High Court cases are heard by
a panel of three judges. However, insurrection cases, over which the High Court has
original jurisdiction, are handled by a five-judge panel.

4. The District Court

There are fifty District Courts, each located in the city seats of the respective
prefectural governments. Each District Court’s territorial jurisdiction encompasses

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the entire prefecture, except for Hokkaido, which is divided into four judicial districts
because of its large size. District Courts have a total of 203 branch offices in major
cities. District Courts have general jurisdiction over all cases in the first instance,
except for those cases exclusively reserved for Summary Courts (crimes liable to
fines or lesser punishment) and High Courts (crimes of insurrection). The majority of
District Court cases are tried by a single judge. However, criminal cases involving
possible sentences of death, life imprisonment, or imprisonment for a minimum
period of one year or more should be handled by a panel of three judges, in general.
Other cases deemed appropriate can also be handled by a three-judge panel. The
former is called “statutory panel cases” and the latter “discretionary panel cases.”

All District Courts and some of their branches hold Saiban-In trials (trials by a
mixed panel consisting of professional judges and citizen judges) for certain
offences designated by law. See page 29 for details of Saiban-In trials.

5. The Family Court

Family Courts and their branch offices are located in the same places as the
District Courts and their branches. The Family Courts have jurisdiction over juvenile
delinquency cases (involving persons under 20 years of age). Juvenile cases are
handled by a single judge or a three-judge panel fully utilizing scientific reports
prepared by Family Court probation officers and classification experts of juvenile
classification homes.

6. The Summary Court

There are 438 Summary Courts throughout Japan. All cases are presided over
by a single Summary Court judge. The Summary Courts’ original jurisdiction is
limited to: (i) crimes punishable with a fine or lighter penalties (petty fine or
misdemeanor imprisonment without work); (ii) crimes punishable with a fine as an
optional penalty; and (iii) habitual gambling, running a gambling place for the
purpose of gain, embezzlement, and crimes related to stolen property. Summary
Courts may not impose imprisonment without work or heavier penalty. However,
with regard to theft, embezzlement, crimes related to stolen property, breaking into
a residence, habitual gambling, and other minor offences prescribed by law, they
may impose imprisonment with work for up to three years. Summary Courts also
issue Summary Orders that impose a sentence of fine. A vast majority of relatively
minor cases are disposed of by Summary Order Procedure. See page 24 for more
details.

B. Judges

1. Appointment of Judges

The Justices of the Supreme Court are appointed by the Cabinet, except for
the Chief Justice, who is appointed by the Emperor as designated by the Cabinet.

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The appointment of the Justices is reviewed by the people at the first general
election of members of the House of Representatives following their appointment.
Justices of the Supreme Court retire at the age of 70.

All lower court judges are appointed by the Cabinet from a list of persons
nominated by the Supreme Court. Judges’ tenure is ten years, and they can be re-
appointed. Judges cannot be removed from office unless judicially declared mentally
or physically incompetent to perform their official duties, or unless publicly
impeached. No executive organ or agency can take disciplinary action against
judges. This power is vested only in the Court of Impeachment, a legislative body
composed of Representatives and Councilors drawn from the Diet. As one of the
checks and balances systems among the three branches of government, the Court
of Impeachment may dismiss a judge if he or she neglects his or her duties to a
remarkable degree, or if there has been misconduct, whether or not it relates to
official duties.

2. Categories and Qualifications of Judges

At least ten of the fifteen Justices of the Supreme Court, including the Chief
Justice, must be appointed from among those with distinguished careers as lower
court judges, public prosecutors, practicing lawyers or law professors. However, the
remaining five Justices need not be qualified as lawyers, as long as they are learned,
have an extensive knowledge of the law, and are at least forty years of age.

Lower court judges are divided into judges and assistant judges. Assistant
judges are appointed from among those who have passed the National Bar
Examination, completed training at the Legal Training and Research Institute, and
then passed the final qualifying national examination. To be appointed a judge, one
must have practical or academic experience of not less than ten years as a
designated legal professional: an assistant judge, a public prosecutor, an attorney,
or a law professor.

The assistant judge system aims to provide professional experience through

on-the-job training before qualifying as a fully-fledged judge. For the first five years,
the judicial authority of an assistant judge is restricted. He or she can serve as an
associate judge of a three-judge panel, but as a single judge, can decide only
limited matters such as detention at the investigation stage. After five years’
experience, an assistant judge is qualified as a senior assistant judge to preside
over a trial in a single-judge court. The majority of judges are appointed from among
assistant judges. Judges assigned to the High Court must be judges or qualified
senior assistant judges.

Summary Court judges are selected by the Selection Board for Summary
Court Judge. Full qualification as a lawyer is not required. In practice, they are
appointed primarily from among learned and experienced court clerks. Assistant
judges, after three years’ experience, can be appointed Summary Court judges.

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IV. CORRECTIONS A. Organization of the Correctional Administration In Japan, the
Correction Bureau of the Ministry of Justice provides both adult and juvenile
correctional services. Under the Director-General of the Correction Bureau, there are
eight Regional Correction Headquarters which supervise the correctional
institutions. Correctional institutions can be divided into penal institutions (prisons,
juvenile prisons,7 and detention houses) and juvenile correctional institutions
(juvenile training schools and juvenile classification homes).

1. Penal Institutions

As of 2013, there were a total of 188 penal institutions: 62 prisons, seven

juvenile prisons, eight detention houses, eight branch prisons, and 103 branch
detention houses.

Prisons, juvenile prisons, and branch prisons are institutions for sentenced inmates.
They provide various correctional treatment programmes that facilitate
rehabilitation and resocialization of offenders. There are eight women’s prisons
(including two branches)8 and four medical prisons. The medical prisons are set up
to function as special medical centers that receive inmates in need of special
medical care. Ordinary medical care and hygiene for inmates are provided within
general penal institutions.

Detention houses and branch detention houses are mainly for inmates awaiting
trial, namely, defendants under detention and suspects under pre-indictment
detention. Close attention is paid so that their rights, including the right to counsel
and to a fair trial, are respected.

As of 31 December 2012, the total capacity of penal institutions was 90,681 (72,562
for sentenced inmates and 18,119 for unsentenced inmates), and the actual
population was 67,008 (58,726 sentenced inmates and 8,288 unsentenced
inmates).

2. Juvenile Correctional Institutions

As of 2013, there were 51 juvenile training schools, 50 juvenile classification

homes, two branch juvenile training schools, and one branch juvenile classification
home. Juvenile training schools house juveniles referred by the Family Court and
provide them with correctional education. Juvenile classification homes house
juvenile delinquents placed under “protective detention” by the Family Court. During
protective detention, an expert report on the juvenile’s personality and disposition is
prepared, which will assist the Family Court’s decision-making.

B. Correctional Officials

As of 2013, more than 23,000 officials were working for the correction
service. The majority of correctional officials in penal institutions are employed from
among those who have passed the examination for correction service. Education
officials in juvenile institutions are employed from among those who have passed a

13
specialized examination. Classification specialists (psychologists) are selected from
among those who have passed the senior-level examination for psychological
services.

V. REHABILITATION

A. Organization and Function

The Rehabilitation Bureau of the Ministry of Justice is responsible for the

overall administration of rehabilitation services, the main aspect of which is to
provide community-based treatment to offenders. The Bureau handles planning and
policy-making which are then implemented by the 50 Probation Offices and eight
Regional Parole Boards throughout the country.

There are eight Regional Parole Boards that coincide with the jurisdictions of
the High Courts are located. The main responsibilities of Regional Parole Boards are
to make parole decisions for prison inmates and juveniles committed to juvenile
training schools, and to revoke parole when the legal requirements for revocation
are met. They also decide when to terminate an indeterminate sentence imposed
upon a juvenile offender (see page 37). The number of board members varies in
each region from three to fifteen, and board decisions are made by a majority vote.

‘The front-line duties of community-based treatment are carried out by the

Probation Offices, which are located in each of the 50 District and Family Court
jurisdictions. Their main responsibilities include the following: (i) supervision of both
adult and juvenile probationers and parolees; (ii) coordination of social
circumstances, such as family relationship, residence, and job-placement, prior to
release; (iii) urgent aftercare of discharged offenders; (iv) promotion of crime
prevention activities in the community; (v) recommendation of volunteer probation
officers; (vi) support for the victims of crime; and (vii) mental health supervision
pursuant to the Act on Medical Care and Treatment for Persons Who Have Caused
Serious Cases Under the Condition of Insanity.

The National Offenders Rehabilitation Commission is a council attached to the

Ministry of Justice. The Commission’s functions are to make recommendations to the
Minister of Justice regarding pardons and to review the decisions of Regional Parole
Boards upon a complaint filed by a probationer or a parolee.

B. Personnel

1. Probation Officers

Probation officers are full-time government officials who engage in

community-based treatment of offenders, such as supervision of probationers and
parolees, and other duties of the Regional Parole Boards and Probation Offices. The
Offenders Rehabilitation Act (2007) requires them to have a certain degree of
competence in medicine, psychology, pedagogy, sociology and other expert

14
knowledge relating to rehabilitation of offenders. As of 2013, there were 1,351
probation officers nationwide.

2. Rehabilitation Co-Ordinator’s

Rehabilitation coordinators are qualified psychiatric social workers, or other

qualified persons, assigned to Probation Offices, who engage in mental health
supervision and other responsibilities pursuant to the Act on Medical Care and
Treatment for Persons Who Have Caused Serious Cases Under the Condition of
Insanity. Rehabilitation coordinators do not handle ordinary probation or parole
cases. As of 2013, there are 177 rehabilitation coordinators nationwide.

C. Volunteers and the Voluntary Sector

1. Volunteer Probation Officers

Volunteer probation officers are citizens commissioned by the Minister of

Justice who co-operate with probation officers in providing various rehabilitation
services to offenders. Their main activities are (i) to assist and supervise
probationers and parolees; (ii) to co-ordinate the social circumstances of inmates;
and (iii) to promote crime prevention activities in the community. They do not
receive salaries: only a certain amount of their necessary expenses is reimbursed.
As of 1 April 2013, 47,990 citizens were serving as Volunteer Probation Officers.

2. Juridical Persons for Offenders Rehabilitation Services

A Juridical Person for Offender Rehabilitation Services is a form of non-profit

organization established under the Offenders Rehabilitation Services Act (1995).
They undertake one or more of the following activities: (i) operate Offender
Rehabilitation Facilities (so-called halfway houses); (ii) provide temporary aid to
offenders; and (iii) engage in “co-ordination and promotion services” related to
rehabilitation of offenders. As of 2013, there were 165 Juridical Persons for Offender
Rehabilitation Services.

(1) Offenders Rehabilitation Facilities (Halfway House)

Halfway houses in Japan are officially termed Offenders Rehabilitation

Facilities. They accommodate probationers, parolees, or other eligible offenders and
provide them with necessary assistance for their rehabilitation such as: (i) help in
obtaining education, training, medical care, or employment; (ii) vocational guidance;
(iii) training in social skills; and (iv) improving, or helping them adjust to, their
environment.

There are 103 Offenders Rehabilitation Facilities nationwide. As of 2012, their

total capacity was 2,340 and 6,380 offenders were admitted. The duration of stay

15
for probationers and parolees in 2012 was as follows: one month or less (9.4%);
more than one month to six months (83.0%); and more than six months (7.6%).

One hundred (100) of the Offender Rehabilitation Facilities are run by Juridical
Persons for Offender Rehabilitation Services. The government supervises and
provides financial support to such Juridical Persons and other entities that operate
Offenders Rehabilitation Facilities.

(2) Rehabilitation Aid Association

As of 2013, 66 Rehabilitation Aid Associations exist throughout Japan. They

provide offenders with temporary aid such as meals or clothing, and/or engage in
“co-ordination and promotion services” for Offender Rehabilitation Facilities,
Volunteer Probation Officer Associations, and other volunteer organizations.
“Coordination and promotion services” include providing subsidies, textbooks for
training, and tools and materials for crime prevention activities.

3. Others

There are other notable volunteer organizations or forms of volunteering in

Japan, such as (i) the Women’s Association for Rehabilitation Aid; (ii) Big Brothers
and Sisters (BBS) Associations; and (iii) co-operative employers.

Topic 7: Features of the Criminal Justice System of China

Objective/s:
At the end of the topic, the students will be able to understand the operations
of CJS in China.

Lesson 1

JUSTICE SYSTEM IN CHINA

Punishment in the 1920sThe goal of the justice system has traditionally been
to protect the interests of the state not the individual and to keep the masses under
control. There is no independent judiciary in China. The courts are regarded as weak
and subordinate to the Communist Party and the National People's Congress.
Chinese justice is not based on the idea of innocent until proven guilty. For the most
part one is guilty until proven innocent. People charged with crimes are nearly
always convicted and sentences are rarely overturned.
China has a constitution with laws that are not all that different from laws in
Western countries. The only problem is that these laws have traditionally been
ignored, interpreted in strange ways or not enforced. There is a saying in China:
“Power is greater than the law, money is greater than the law and connections are
greater than the law.”

16
 China’s criminal justice system is steeply tilted in favor of the police and
prosecutors. The vast majority of cases turn on confessions by suspects who have
no access to defense lawyers until long after interrogation, if ever. Defense lawyers
are powerless to do much except argue for a lesser sentence. Convictions are all but
assured. Andrew Jacobs wrote in the New York Times: “With a conviction rate of 98
percent, Chinese prosecutors almost never lose. In a bitter twist of fate, Gu Kalai,
the lawyer wife of Bo Xilai that was famously convicted of murder in 2012, once
expressed an unshakable faith in her nation’s legal system, Jacobs wrote. In a book
she wrote after visiting the United States in 1998 and successfully representing a
Chinese company in a civil trial, she ridiculed the American justice system as
doddering and inept. “They can level charges against dogs and a court can even
convict a husband of raping his wife,” she wrote. By contrast, China’s system was
straightforward and judicious. “We don’t play with words and we adhere to the
principle of “based on facts,” she wrote. “You will be arrested, sentenced and
executed as long as we determine that you killed someone.” [Source: Andrew
Jacobs, New York Times, August 9, 2012]
The Supreme People’ Court is the highest court in the land. Its judges are
appointed by the National People’s Congress. Below the Supreme People’ Court are
Local People’s Courts, comprised of higher, intermediate and local courts. There are
also Special People’s Courts primarily for military, maritime and transportation
matters. Courts have names like the Beijing No. 2 Intermediate People’s Court.
The legal system is based on civil laws derived from the Soviet legal code
and civil legal principles. The legislature has the power to interpret statutes. The
constitution is ambiguous on judicial review by the legislature. High courts
sometimes hand out judgments not based on evidence but based on orders from
Communist Party leaders.
Andrew Jacobs wrote in the New York Times, “The contours of the Chinese
legal system, as rights lawyers here know well, tend to be fuzzy. Petitioners are
often thrown into extralegal holding cells known as black jails; dissidents are
frequently cooped up in their homes for months on end; and domestic security
agents have a variety of means to keep troublemakers in line.” [Source: Andrew
Jacobs New York Times June 23, 2011]
China only has extradition policies with 37 countries. Sometimes sentences
for crimes carried out outside of China are much lighter than those imposed for
crimes in China. In August 2011, a Shanghai court sentenced a Chinese man to the
relatively light sentence of 15 years in prison for murdering a taxi driver in
Auckland, New Zealand because he “expressed remorse.” The man, who admitted
to the crime, was not convicted of murder but for the China crime whose best
English translation is “intentional assault.”

Arrests in China
There are few protections against arbitrary arrests and imprisonment. "Custody and
repatriation" is a practice used by police throughout China to put beggars, drunks,
physically and mentally people and illegal immigrants behind bars. People are often
imprisoned if the police want them in jail, they cannot produce an identity card. The

17
party sometimes sets quotas for the number of suspects arrested for different
crimes.
The acquittal rate for 6.2 million crimes committed between January 1998 and
September 2006 was only 0.66 percent. If anything, the situation is getting worse
rather better. The acquittal for 760,694 crimes committed in the first 11 months of
2006 was 0.22 percent.
According to Chinese law pregnant women are exempt from arrest or fines. Some
purposely engage in criminal activity.
Chinese police are notorious for flouting the rules and arresting people planning to
give testimonies the authorities don’t want to hear. They routinely use torture to
extract confessions although, under Chinese law, confessions obtained through
torture are inadmissible in court.
Family visits are rarely allowed for suspects under criminal investigation until after
they are formally charged. Chinese law allows police to impose residential
surveillance for up to six months before requiring them to make a decision about
how to proceed with a case, as opposed to 30 days under criminal detention.
In the mid-2000s, the Chinese government said that it would start taping police
interrogations to prevent forced confessions and the use of torture to extract
confessions. The move was made after a highly publicized case involving a man that
was imprisoned for murdering his wife for 11 years and was released after his wife
turned up alive. The man had been tortured to extract the confession. After he was
released a declaration of innocence from his arresting officer was found written in
blood on a tombstone. The officer hung himself.

Chinese Court System

The State Constitution of 1982 and the Organic Law of the People's Courts that
went into effect in 1980 provide for a four-level court system. At the highest level is
the Supreme People's Court, the premier appellate forum of the land, which
supervises the administration of justice by all subordinate "local" and "special"
people's courts. Local people's courts---the courts of the first instance---handle
criminal and civil cases. These people's courts make up the remaining three levels
of the court system and consist of "higher people's courts" at the level of the
provinces, autonomous regions, and special municipalities; "intermediate people's
courts" at the level of prefectures, autonomous prefectures, and municipalities; and
"basic people's courts" at the level of autonomous counties, towns, and municipal
districts. [Source: Library of Congress]
According to the 1980 Organic Law of the People's Courts (revised in 1983) and the
1982 State Constitution there are four levels of courts in the general administrative
structure. Judges are elected or appointed by people's congresses at the
corresponding levels to serve a maximum of two five-year terms. The Supreme
People's Court stands at the apex of the judicial structure. Located in Beijing, it has
jurisdiction over all lower and special courts, for which it serves as the ultimate
appellate court. It is directly responsible to the National People's Congress Standing
Committee, which elects the court president

18
 The Organic Law of the People's Courts requires that adjudication committees be
established for courts at every level. The committees usually are made up of the
president, vice presidents, chief judges, and associate chief judges of the court, who
are appointed and removed by the standing committees of the people's congresses
at the corresponding level. The adjudication committees are charged with reviewing
major cases to find errors in determination of facts or application of law and to
determine if a chief judge should withdraw from a case. If a case is submitted to the
adjudication committee, the court is bound by its decision. [Ibid]
“China also has special military, railroad transport, water transport, and forestry
courts. These courts hear cases of counterrevolutionary activity, plundering,
bribery, sabotage, or indifference to duty that result in severe damage to military
facilities, work units, or government property or threaten the safety of soldiers or
workers. Military courts make up the largest group of special courts and try all
treason and espionage cases. Although they are independent of civilian courts and
directly subordinate to the Ministry of National Defense, military court decisions are
reviewed by the Supreme People's Court. [Ibid]
Trials in China
There are no juries. Trials are presided over by three judges in uniforms with
insignias with balanced-scales on them. Defendants are allowed defense attorneys.
Prosecutors have traditionally won 99 percent of their cases and verdicts are usually
foreordained. Arrests are often announced after the prosecution has enough
evidence to convict.
“In almost all cases in China, defendants are quickly convicted and sentenced. Most
trials are administered by a collegial bench made up of one to three judges and
three to five assessors. Assessors, according to the State Constitution, are elected
by local residents or people's congresses from among citizens over twenty-three
years of age with political rights or are appointed by the court for their expertise.
[Source: Library of Congress]
“Trials are conducted in an inquisitorial manner, in which both judges and assessors
play an active part in the questioning of all witnesses. (This contrasts with the
Western adversarial system, in which the judge is meant to be an impartial referee
between two contending attorneys.) After the judge and assessors’ rule on a case,
they pass sentence. An aggrieved party can appeal to the next higher court. [Ibid]
By law, defendants are entitled to a trial in lower and higher courts. Almost any
case can be appealed or retried, even with no good legal justification to do so.
Powerful groups often ignore court rulings and find ways to have them overturned
through bribes or connections while the case is being appealed.
An entire trial can take two or three hours or even less than that. One human rights
activist said he was given only 20 minutes to mount a defense and was cut off when
his time was up while the prosecutor was allowed much more time to present his
case and allowed to carry on when his allotted time was up.
Some crimes such as drug possession, membership in Falun Gong and prostitution
are considered to minor to waste with trial time and punishment in the regular
prison system. In many cases people arrested on these charges are sentenced for
up to three years without trial on recommendations from police committees and

19
sent to special slightly-less-harsh prisons. There is a great deal of abuse with this
system. The police have power to imprison people for whatever they want.
Electric cattle prods are sometimes used on defendants in the courtroom. After
activist Yang Chunlin was sentenced to five years in prison, his sister said, “When he
left the courthouse, we shouted at him that he must appeal. He said “No need.” and
turned to say more, but the police prodded him with an electric stick...I saw sparks,
and then he was placed into a police car and driven away.”

Topic 8: Features of the Criminal Justice System of China (Continuation of

topic 7) Objectives/s:
At the end of the topic, the students will be able to understand the operations
of CJS in China.
Lesson 1 Judges in China
Chinese judges are poorly trained and poorly paid. Many have no university
education or legal training (in Shanxi Province one judge had only an elementary
school education). Instead most judges are political appointees or former officers in
the People's Liberation Army. Many are retired military officers hired on the basis of
their connections not their merits.
Many judges regard themselves as "soldiers of the state." They take orders from
party-controlled trial committees and require approval from the state for promotions
and salary increases, which means they can be manipulated by the government.
Reformers want judges to be given more independence, freedom and power.
Many judges are party members appointed with the approval of local party leaders.
They are often expected to uphold the interests of the party and local business
people as if they were party officials. Judges are manipulated by corrupt officials and
routinely take bribes. Both plaintiffs and defendants routinely entertain judges and
provide them with "travel expenses."
Currently China is facing a shortage of judges because of higher standards
demanded by a national exam for judges, because many trained and experienced
judges are retiring or leaving for jobs in private industry, and because the courts
have become so overloaded with corruption cases. In many poor regions and areas
inhabited by ethnic minorities the judges are so few in number and so overworked
that much of the work is handled by clerks who get the judge to sign off on their
work.

Lawyers in China
The number of lawyers has increased dramatically over the past few decades. In
1979, there were two law schools and 2,000 lawyers in China. In 1997, there were
200 law schools and 100,000 lawyers. In 2009 there were 165,000 lawyers, a
fivefold increase from 1990 but still about 50,000 fewer than you can find in state of
California and small when compared to 850,000 lawyers in the United States, which
has a fourth of the population of China. The majority of Chinese lawyers work in

20
business but more and more of them are representing the poor and people who
have been taken advantage of.
Defense lawyers have their licenses subjected to annual renewal from authorities
that often can arbitrarily fail to renew it. They also have to depend on the goodwill
of police and persecutors to take even basic steps to defend their clients.
So called “barefoot lawyers” ---farmers who have educated themselves about the
law---offer their advice to other farmers to help them solve their legal disputes.
Lawyers are allowed to operate with more autonomy than judges but can face
prosecution if they stir up public disorder or reveal information deemed sensitive or
secret.
In Beijing, the Beijing Judicial Bureau is an administrative agency that has
supervisory authority over law firms registered in the capital. It charges high fees
and often interferes in the cases carried out by firms under its jurisdiction.
These days lawyers who are stopped by obstacles in the bureaucracy and legal
system but have the law on their side take case to the Internet to drum up public
pressure to coerce the government to take their activities seriously.
In 2006, rules known as “guiding opinions” were introduced that require Chinese
lawyers to submit to government supervision when representing clients in politically
sensitive cases. Addressed to the new breed of activist lawyers who have taken up
social and environmental issues, the rules restrict lawyers from “stirring up” news
media coverage and effectively take away the legal system as a way of fighting
issues such as land confiscations, corruption, pollution and other issues deemed
sensitive by the government.

Punishment in China
Justice is quick in China. A couple of heroin smugglers from Hong Kong caught in the
Kumming province were executed within a week after they were arrested.
Sometimes criminal is executed within hours after they are convicted.
Punishment is often meted out based on the consequences of a crime rather than
the intention. In 2001, one woman was executed for selling explosives without a
license in Hebei Province. She usually sold the explosive to a nearby quarry but
once she made the mistake of selling explosives a man who used them to bomb
four apartments buildings, killing 108 people, even though the man said he needed
the explosives for a quarry. Most people caught selling explosives without a license
are simply fined.
Medieval methods endured into the 20th century. In the 1920s, murderers in the
Muli Kingdom were sentenced to five years in a dungeon where they were forced to
wear a table-top-size neck board that prevented them from eating, grooming
themselves, or lying down.
Prisoners are required to bow their heads to express remorse. Criminals found
guilty of lesser crimes are sometimes loaded into trucks and taken to town squares
where they are shamefully and humiliatingly displayed with signs around their
necks. Small fines are given for littering and bike riding in off-limit zones.

21
 In the spring of 2006, security guard named Xu Ting noticed that when he withdrew
$140 from his account on an ATM only 14 cents were deducted. He then proceeded
to make 170 withdrawals and pocketed $24,000, most of which was gambled away
or lost in shady business deal. When the mistake was uncovered and Xu was unable
to pay back the money charged with bank robbery and sentenced to life in prison.
News of the case made it the Internet and outrage led to a retrial, a rarity in China.
Criminal Sentences and the Death Penalty in China
Under the 1980 law, these offenses were punishable when criminal liability could be
ascribed. Criminal liability was attributed to intentional offenses and those acts of
negligence specifically provided for by the law. There were principal and
supplementary penalties. Principal penalties were public surveillance, detention,
fixed-term imprisonment, life imprisonment, and death. Supplementary penalties
were fines, deprivation of political rights, and confiscation of property.
Supplementary penalties could be imposed exclusive of principal penalties.
Foreigners could be deported with or without other penalties. [Source: Library of
Congress]
“China retained the death penalty in the 1980s for certain serious crimes. The 1980
law required that death sentences be approved by the Supreme People's Court. This
requirement was temporarily modified in 1981 to allow the higher people's courts of
provinces, autonomous regions, and special municipalities to approve death
sentences for murder, robbery, rape, bomb-throwing, arson, and sabotage. In 1983
this modification was made permanent. The death sentence was not imposed on
anyone under eighteen years of age at the time of the crime nor "on a woman found
to be pregnant during the trial." Criminals sentenced to death could be granted a
stay of execution for two years, during which they might demonstrate their
repentance and reform. In this case the sentence could be reduced. Mao was
credited with having originated this idea, which some observers found cruel
although it obviated many executions. [Ibid]
Prisons
In Chinese prison services, there have been various new ways of mobilizing public
participation in helping re-mold prisoners. For example, famous scholars, writers,
educators, artists, musicians and sportspeople are invited to call on prisoners, and
encourage them to make more efforts to reform themselves; former prisoners who
have been already integrated into the society after release are organized to
persuade current inmates to re-mold themselves; family members, relatives and
friends of the prisoners are encouraged and provided with every facility to admonish
and educate them.

Non-Institutional Services
In China, supervision of offenders both during the suspension of execution of
sentence and after release on parole is carried out by the public security organ
(police). Probationers and parolees are turned over by the public security organ to a
work unit or a basic level organization. The policeman in charge of the community
shall supervise their daily life, their work and ideological trend and encourage their

22
consciousness to become law-abiding citizens. Meanwhile the policeman shall keep
in touch with their neighbours if they conduct any law- breaking activities.
Pre-Trial detention
The Criminal Procedure Law stipulates that, in hearing a case of public prosecution,
the people's court shall announce judgement within one month after accepting the
case, and it may extend one month and one-half at the latest. Accordingly, pre-trial
detention is not considered to pose any serious problem.
Diversion
There are several diversion schemes to imprisonment.
Police are empowered to give warnings or to impose a certain limited amount of
fines (not more than 200 yuan) to the criminals who have committed minor offences
(Security Control and Enforcement Law). This warning and fine are regarded as a
final sanction imposed by the police and they need not send the case to either the
public prosecutor nor the court. This system is applicable to various types of minor
offences including theft, embezzlement, fraud, assault, gambling, violations of
traffic regulations and various types of public disturbances. If the person who
receives this summary sanction is dissatisfied with the disposition, he/she can
appeal to the higher police organ and finally to the courts. This scheme is fully
utilized as an alternative and diversion to the formal criminal justice procedure and
imprisonment.

At prosecution stage, public prosecutors are empowered to grant exemption from

prosecution, considering the gravity of the crime and other circumstantial factors,
even if there is enough evidence to convict the suspect. According to the Criminal
Law, suspension of sentence may be pronounced for an offender who has been
sentenced to criminal detention or to fixed-term imprisonment for not more than
three years according to the circumstances of his/her crime and his/her
demonstration of repentance, and where it is considered that applying a suspended
sentence will not result in further harm to society.

An offender sentenced to fixed term imprisonment of which not less than half has
been executed, or an offender sentenced to life imprisonment of which not less than
ten years have been actually executed, may be granted parole if he/she
demonstrates true repentance and will not cause further harm to society. If special
circumstances exist, the above restrictions relating to the term executed need not
be imposed.

During the period of suspension of sentence and parole, the offender is placed
under the supervision of the public security organ (police), and the public security
organ utilizes the mass organization of the community to help watch the offender's
daily behavior and lead him/her to become a law-abiding citizen.

23
It is said that the number of the revocation of suspension of sentence and parole
because of the committal of new crime is very small, and that this type of
community-based treatment has been proving very successful, although clear
statistics are not available in this regard.

Reform and Reeducation Through Labor

The overwhelming majority of prisoners were sentenced to hard labor. There were two
categories of hard labor: the criminal penalty--"reform through labor"-imposed by the court
and the administrative penalty-- "reeducation through labor"--imposed outside the court
system. The former could be any fixed number of years, while the latter lasted three or four
years. In fact, those with either kind of sentence ended up at the same camps, which were
usually state farms or mines but occasionally were factory prisons in the city. [Source:
Library of Congress]
“The November 1979 supplementary regulations on "reeducation through labor" created
labor training administration committees consisting of members of the local government,
public security bureau, and labor department. The police, government, or a work unit could
recommend that an individual be assigned to such reeducation, and, if the labor training
administration committee agreed, hard labor was imposed without further due process. The
police reportedly made heavy use of the procedure, especially with urban youths, and
probably used it to move unemployed, youthful, potential troublemakers out of the cities.
[Ibid]
“In the early 1980s, the people's procuratorates supervised the prisons, ensuring compliance
with the law. Prisoners worked eight hours a day, six days a week

24