Characteristics of Changes in the Criminal Legislation of Russia and China

AuthorS. Markuntsov
PositionNational Research University Higher School of Economics (Moscow, Russia)
Pages90-113
BRICS LAW JOURNAL Volume V (2018) Issue 4
CHaRaCTERISTICS oF CHanGES In THE CRIMInaL LEGISLaTIon
oF RuSSIa anD CHIna
SERGEY MARKUNTSOV,
National Research University Higher School of Economics
(Moscow, Russia)
DOI: 10.21684/2412-2343-2018-5-4-90-113
This article explores and compares the changes in the criminal legislation of Russia
and China. The author will rst examine the history of the development of the criminal
legislation of the two countries, identifying their common and distinguishing features
in the process. The author will then compare the basic provisions and structure of
the criminal codes of Russia and China as objects of comparative legal research. This
article further analyzes the scale, direction and dynamics of changes in the provisions
contained in the General and Special parts of the criminal codes of the two countries,
in detail. It is concluded that the scale and speed of changes in the Criminal Code of
the Russian Federation, is far greater compared to the changes in the Criminal Code of
the People’s Republic of China, based on various indicators. The author gives general
recommendations to the Russian legislator as far as the consideration of scientic
developments goes.
Keywords: Criminal Code of the Russian Federation; Criminal Code of the People’s
Republic of China; “ideal” reform; “real” reform; criminalization; decriminalization.
Recommended citation: Sergey Markuntsov, Characteristics of Changes in the Criminal
Legislation of Russia and China, 5(4) BRICS Law Journal 90–113 (2018).
Table of Contents
Introduction
1. Common and Distinctive Features of the Genesis
of the Criminal Legislation of Russia and China
SERGEY MARKUNTSOV 91
2. Description of the Structure and Basic Provisions of the Criminal Codes
of Russia and China as Objects of Comparative Legal Research
3. Comparative Characteristics of the Scale and Direction of Changes
in the Provisions of the Criminal Codes of Russia and China
4. Comparative Characteristics of the Dynamics of Changes
in the Provisions of the Criminal Codes of the Two Countries
Conclusion
Introduction
Russian-Chinese relations have reached a new, unprecedentedly high level of
partnership in today’s era. Active interaction in various spheres of society and the
study of mutual experience have become signicant reasons for the development of
these relations in recent years. As this close collaboration has shown, our countries
have a lot in common, but at the same time there are also signicant dierences
in their approaches and development trends, including in the context of the
development of criminal legislation and criminal law.
1. Common and Distinctive Features of the Genesis
of the Criminal Legislation of Russia and China
The foundations of Chinese criminal law in the Middle Ages and the Modern
Times were laid down by the Tang Code (Chinese Tan Liu Shu) and Ming (Da Minliuy),
adopted respectively in 653 and at the end of the 14th century.1 It can undoubtedly
be argued that the foundations of Russian criminal law were also laid in the medieval
period, if we proceed from the premise that the Drevneyshaya Pravda or the original
charter of the Russkaya Pravda (Russian Truth being the oldest source of Russian
law) (Short Edition) (the beginning of the 11th century) is almost entirely devoted
to Russian criminal law.
However, despite their similar origins, the future strategic approaches to the
development of domestic criminal law and the laws of the two countries diverged.
This is clearly reected in the words of the 19th ce ntury researcher of Chi nese
legislation V. Kozlov, when he said that:
Chinese criminal laws have kept and to this time the imprint of the greatest
antiquity... Drawin g on materials for its legis lation from the experience of
1 Ахметшин Н.Х. История уголовного права КНР [Nail H. Ak hmetshin, History of Criminal Law of the
PRC] 7 (Moscow: MZ Press, 2005). See details 高铭暄:中国刑法的形成和完善,北京:北京大学出版
社,2012年版。[Gao Ming Suan, Formation and Improvement of Criminal Law of the People’s Republic
of China] (Beijing: Beijing University Press, 2012).

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