Administrative Model v. Adjudication Model: The impact of administrative detention in the criminal process of the People's Republic of China

This dissertation examines the administrative detention system in the People's Republic of China and its impact on the criminal justice system. Before turning to the details of the various forms of administrative detention, it briefly introduces the current state of western scholarship on the criminal justice system of China and then analyzes the applicable theory and approaches that have been employed in treating both traditional and contemporary Chinese criminal justice systems. The author proposes the theory of the "administrative model" of the criminal justice system in China, which contrasts with the "adjudicative model" of the most Western countries. This means that the majority of contentious issues occurring during the criminal processes are solved through administrative methods regardless of whether the issues are dealt by the judiciary or administrative organs. Conversely, under the "adjudicative model", disputes that arise during criminal processes are dealt with primarily through "adjudication".;The second part of the dissertation systematically presents the system of "Reeducation through Labor", a main form of administrative detention in China, with a detailed analysis of its historical origins, legal framework, key elements of decision-making processes, current debates, and prospective reforms for the future. Next, this dissertation presents a discussion of the other major forms of administrative detentions, including some out-moded forms of detention. Thereafter, the dissertation discusses possible remedies, administrative and judicial, and points out that the likelihood of a successful remedy to administrative detention stands very little chance and renders the administrative detention almost exclusive and conclusive.;Throughout the paper, the author endeavors to use administrative detention as an example to illustrate the "administrative" nature of the criminal process of China. The author argues that this phenomenon has historical roots and contemporary political flavor inherited from Communist culture, largely by way of the former Soviet Union. One must understand the foundations of this system in order to fully apprehend the seemingly westernized and highly complicated Chinese criminal processes in particular and the legal system in general that were introduced into China about hundred years ago and rapidly developed during the past two decades.