Abstract:
Since ever Criminal Law in China is of minor importance. Until today cultural embodied disregard towards Law has led to priority of conflict management within the social environment of the delinquent - in former times within the family or rural community, nowadays within the „unit". Todays Law practice keeps several patterns of the past: a mixture of penal and civil law elements, domination of private criminal actions, suit restrictions, indispensable confession of one's guilt, undesirable defence, reparation in case of criminal offences, priority of education and reformation over criminal prosecution, death penalty on probation, reexamination and reversal of court sentences (today especially subsequent to political campaigns), emphasis of the Criminal Law on the protection of State, criminal offences classified as Jack of morality. Besides being instances of social control, the units offer social care, warmth, and protection and thereby they tend to prevent criminality.