Influence of the Soviet (Russian) Law on the Chinese Criminal Procedure Laws
Аннотация
The first Criminal Procedure Law (CPL) of China issued in 1979 was greatly influenced by the Soviet Criminal Procedure Law in multiple dimensions including the framework, concepts, principles, and specific institutions. Although the Chinese CPL has changed a lot after three amendments in 1996, 2012 and 2018 respectively, the influence of the Soviet Law can still be noticed in many aspects of the current law. The paper explores how the Soviet Law has shaped Chinese Criminal Procedure Law into the way it is. Part I explores the historical development of Chinese CPL, indicating the close relationship between the Chinese Law and the Soviet Law. Part II compares Chinese CPLs with the Soviet (and its successor Russia) CPLs, trying to identify their similarities and differences. In the Part III the author draws tentative conclusions from the comparison and predicts the continuing influence of the Russian law model on Chinese CPLs in the future. The paper primarily relies on comparative study and historical analysis. The legal framework, legal terms, theories, principles, and specific institutions will be examined to illustrate the great influence of the Soviet Law on Chinese Criminal Procedure Law. The study will help to better understand the evolution of Chinese criminal procedure law and to predict more accurately its further development.Литература
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