Crime Punishment And The Prison In Modern China

An examination of the enormous changes in Chinese society in the first half of the 20th century through the lens of the Chinese prison system. More than a simple history of prison rules or penal administration, the text offers a social and cultural analysis of the Chinese prison system that explores the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.

Crime long has been a silent partner in China's march to modernization, leading the regime to make law and order as central a priority as economic growth and the promise of prosperity. This groundbreaking study offers the first comprehensive and up-to-date analysis of Chinese crime, policing, and punishment. A multidisciplinary group of leading scholars draw on a rich body of empirical data and rare archival research to illuminate seldom-explored theoretical dimensions of legal ideology and reform as well as the linkages between crime and control to broader themes of law, modernization, and development. The authors balance comparative perspectives with an understanding of China's unique historical and cultural experience. This context is critical, the authors argue, as crime and control are at the root of modernity and how it is defined. In many ways the PRC is reliving the experiences of other industrializing countries, yet at the same time the practices of China's police and prison system also are painted with thick layers of historical memory. Order has become increasingly important in legitimizing the Chinese regime, but its practices and ideas of policing are often missing from our picture of Chinese social and political development. This important book's discussion of the paradoxes of policing and the problems of order bridges that gap and demystifies developments in China. All those interested in modern and contemporary Chinese politics, law, and society, as well as in comparative criminology and law, will find this work an invaluable resource. Contributions by: B rge Bakken, Frank Dik tter, Michael Dutton, James D. Seymour, Murray Scot Tanner, and Xu Zhangrun.

In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.

"China is so big and so diverse that, as in the proverbial blind man touching an elephant, contemporary descriptions that vary dramatically can all be true. Few visitors to glittering Shanghai of Shenzhen, for example, will get any impression of the gaping gray maw of the government's prison camp system that Philip Williams and Yenna Wu, basing themselves on a vast range of Chinese sources, illuminate in erudite detail. The authors look at every facet of the camps, place them within China's historical tradition, and compare them with modern analogues. Throughout, literary and autobiographical sources give the 'feel' for the deadening world of the camps."—Perry Link, author of The Uses of Literature: Life in the Socialist Chinese Literary System "The Great Wall of Confinement deals with issues ranging from the legal grounding—or the lack of any—of the Chinese concentration camp system, to its technical implementation, its discursive manifestation, and its physical as well as psychological impact. A book like this is long overdue. With this work, Williams and Wu have made an important contribution to the fields of Chinese legal and literary studies."—David Der-wei Wang, author of The Monster That Is History "The Great Wall of Confinement is an excellent book. It synthesizes an already significant corpus of writings on Chinese prisons and labor camps, marshals an array of literary sources as essential historical source materials, and compares the literature of Chinese incarceration with its Soviet and European counterparts. The value of this important study stems equally from its tone—a rare combination of a level-headed quality with a very fine sensitivity to the human tragedy recounted in this literature."—Jean-Luc Domenach, author of Où va la Chine? (Where does China Go?) "The Great Wall of Confinement has attempted to lift part of the veil on China's long lasting tragedy: the use of imprisonment, torture, forced labor against its citizens, whether criminals, feeble minded or simply political opponents. The angle is new; the question is to find out how Chinese have written on this subject, whether in fiction or reportage, the way they went about telling their stories, how much they said, or withheld. Through Philip Willams and Yenna Wu's thought-provoking analysis of such writings, of the cultural origins of forced labor and imprisonment in imperial and Communist China, one comes closer to this sinister reality, which remains to this day one of the best kept secrets of our planet."—Marie Holzman, President of the Association Solidarité Chine

The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.

This 2005 book examines punishment in different forms, including corporal and economic punishment.