The Chinese Procuratorates and A Network for Spatial Study of Crime

Shanhe Jiang, Ph.D.Professor of Criminal Justice

University of ToledoShanhe.jiang@utoledo.edu

419-530-4329Visiting professor

University of Michiganjiangsha@umich.edu

Prepared for the presentation at the University of MichiganApril 10, 2012

Two Parts of the Presentation

• I. The Founding and Development of Chinese Criminal Justice Organs: A Focus on Procuratorates

• II. Building A Global Network for Spatial Study of Crime and Society

Part I

• The founding and development of the Chinese procuratorate Reviews political and societal backgrounds ; Briefly explain the focus of this presentation; Discuss the impact of political and societal changes on the

founding and development of the procuratorate; Introduce Economic Census 2004; Explores the founding pattern of the procuratorate based the

2004 Economic Census; Examines the correlates of the procuratorial development.

Part I. Background

Background: cont.

2. Criminal justice system in China: four components court system

procuratorate system

public security system

correction system

all CJ organs are centralized

Background: cont.

3. Major political changes in PR China1949: the establishment of PR China1957-1958: the Anti-Rightist Campaign1966-1976: the Cultural Revolution1978: the third plenary session of the 11th Central

Committee of Communist Party of China (CPC) was held, economic reform started

Focus: Founding and Development of the Procuratorate

Reasons for the focus.1). The procuratorate is a very important CJ organ in China.

– is an independent component;– is a governmental organ;– along with the court system, ranks higher than other two criminal

justice components – the public security and the corrections in terms of administrative level

– has important responsibilities: • to supervise the enforcement of laws including civil cases; • to make public prosecution on behalf of the State; • to investigate criminal cases directly accepted by the People’s

Procuratorates as provided by law; • other functions and duties as provided by law. See slides below

investigation

prosecution

Anti-corruption

Supervision of prisons

Supervision of civic cases

Supervision of criminal cases

Supervision of death penalty

Promotion of law and policies

Divisions of the Supreme People’s Procuratorate

Informant center Sue center Appeals

Complaint center Compansation

Consultation center Inquiry center

Provincial procuratorate

Reasons for the Focus: cont.

2). The Chinese CJ system including procuracy increases its importance in the world as China’s overall influence grows. Correspondingly, there is an increasing interest in the procuratorate among scholars, businessmen and professionals.

3). There is a lack of quantities research on the founding pattern of the procuratorate and its development.

4). The nature of the data from a census and feature of the procuratorate make the quantitative research possible.

A. The 2004 Economic Census collected the information of the starting year of each procuratorate;

B. Since the procuratorate is a government organ, it continues to exist once it is established or re-established in 1978;

C. A and B cumulative frequency of the procuratorate (development of the procuratorate)

The Impact of Political and Societal Background on the Procuracy

1). 1949: the establishment of PR China: all the law from the old regime was repealed and all the legal organs from the old regime were dissolved rapidly set up the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice in 1949; local governments followed;

Impact: cont.

2). 1957-1958: the Anti-Rightist Campaign: Starting in the second half year of 1957, law and CJ organs were seriously criticized stagnant or declined;

3). 1966-1976: the Cultural Revolution – lawless stage: People’s Liberation Army gradually controlled courts, procuratorates and public security organs and made them existed in name only. In 1969 China formally eliminated procuratorial organs at all levels; the 1975 Constitution declared that procuratorial organs of authority are exercised by the public security organs at all levels.

Impact: cont.

4). 1978 - present: the third plenary session of the 11th Central Committee of CPC was held in 1978, economic reform started. Rule by law is stressed; the CJ organs eliminated during the Cultural Revolution were resumed, reestablished and many more new procuratorates were established.

Expectations on the Founding and Development of the Procuratorate

• 1949 and a few year after that: rapidly established; • 1957 to 1977: stagnant or existed only in name• 1978 – now: rapidly resumed and more

establishments • For the last period of time (1978-2012): given

stable political environment, factors such as population, economic level and crime rate are expected to affect the founding and development

Economic Census 20041. Organized and sponsored by China’s State Council;2. National Bureau of Statistics of China designed and conducted the

survey; 3. Lasted about two years (2005 to 2006); 4. Hired more than 3 million census workers, along with more than 10

million statistical or financial staff from the surveyed units; 5. Collect information especially economic information in 2004 (or

upon to 2004) from more than 5 million corporate bodies and approximately 7 million establishments, including public management and social organizations;

6. The census workers were selected on the basis of the education and the past survey experience and then trained and tested for the survey certificate and were also supervised by the survey instructors during the survey;

7. The data collected from the census are confidential; 8. Pretests and post-census check.

The Founding of the Procuratorate1949-2004: Quantiative Results

1949-1956

1957-1977

1978-2004

frequency

The development of the procuratorate: 1978-2004

1081

627

procuratorate

3770procuratorate

procuratorate

procuratorate

procuratorate

procuratorate

Further Research

1. Multiple regression based on time series data2. Check the impact of regions on the

emergence and development of the procuratorate: see the next slide

Frequency Distribution of the Procuratorate

Comparison: Bejing, Guangdong, Congqing Helongjiang, Zhejiang,

Similarities and Differences across Regions

• Similarities: most established in 1978-1979• Differences:– Different frequency distribution (see map)– Beijing established earlier (1950, higher % before

1955); Guangzhou started later (1954); Zhejiang ended earlier (1993)

Further Research: cont.

3. Extend the existing study to other CJ organs4. Further literature review

Part II. Building A Global Network for Spatial Study of Crime and Society

1. Build A Website for Information Sharing

2. Establish Spatial Explorer for Data Export, Analysis & Presentation

Data Export or Reproduction

• Produce unlimited data from limited data based on administrative units, establishments, time, and space

Selection by Administrative Units 行政区选择

Select by administrative units

Select by map

Multiple Outputs 多种报告输出

Selection and Output by Establishments

Selection Based on Time

Selection by Locations 按空间位置选择

Select by X & Y coordinates

Select by locations on map

Exploratory Spatial Data Analysis 空间统计分析

Gravity Model for Space-time Data

Output ： GIS Maps

3. Crime Data Source 1: Yearbooks: National, Provincial and Local

Statistical Database:• Monthly Statistics • National Statistics • Provincial Statistics • City Statistics • County Statistics • Monthly Industrial Data • Yearly Industrial Data • Statistics on Map • Statistical Yearbooks Census Database:• Population Census 1982 • Population Census 1990 • Population Survey 1995, 2005• Province Census 2000 • County Census 2000• Economic Census 2004

Crime Data Source 2: Census (i.e. Economic Census 2004)

Crime Data Source 3: Surveys

• Integration with surveys ： An example

• China Survey in 2006: 28 provinces and 124 counties

• 中国社会调查： 28省、市， 124 县

1 ． Map of China

2 ． Map of 124 counties

3 ． Map of crime in 124 counties

Crime Data Source 4: Data from Collaborators

• 1). From Shanghai University: Organized crime• 2). From Control China Normal University: Formal and

informal crime control• 3). From Shanghai Law and Politics College:

Community corrections• 4). From Zhongnan University of Finance, Economics

and Law: Crime and criminal justice system• 5). From other data sharing• Note: Some data are qualitative including relevant

literature

4. Spatial Criminology: Some Possible Research Topics

• -Spatial theory in crime and criminal justice system: routine activities theory, social disorganization theory

• -Spatial analysis of crime and criminal justice system • -Identifying the spatial patterns of crime distribution and CJ organs distribution • -Spatial modeling for the complex system • -Identifying interactions among different types of crime and CJ organs • -Identifying correlations between crime, CJ organs, religion, population, economy, and

culture at different times and different regions• -Location analysis of CJ organs• -Local functions of CJ service • -Spatial range of CJ service • -Spatial policies of CJ administrative management and crime control• -The internal governance of CJ organs • -The local governance of CJ organs• - Policing and crime hot spots

Questions

and

discussion

I am grateful to Dr. Bao for inviting me for this presentation and giving the access to the data at the China Data Center as well as some of his slides.

Thank you!