Between Instrumentalism and Moralism

In the historical context of the confrontation between the Shaan-Gan-Ning Border Region and the Guomindang-controlled areas, the system of “turning oneself in” 自首 greatly impacted the struggle between the Guomindang and the Chinese Communist Party. This system was not only a “soft” means of governance that weakened the enemy without resorting to force, but also a weapon in the struggle to obtain secret information, to divide and rule, and to expand power. As a part of the political system in the border region, the policy of leniency toward offenders was widely used. In actual practice, there were not only special criminal laws for dealing with confessors to specified crimes, but also some unusual forms, such as “public confession declarations” 坦白布告 and even “confession campaigns” 坦白运动. Since the system was applied in an environment of confrontation and struggle, its instrumentalist side became increasingly prominent, while its theoretical moralism side became progressively weaker. On the one hand, this revolutionary change differentiates it from its traditional counterpart rooted in Confucianism as reflected in the practical moralism of traditional Chinese law; on the other hand, the continuity and change of the practice may reveal the historical basis for its growing degeneration

Clan · Communism · Confession (law · Confessional · Context (archaeology · Epistemology · Instrumentalism · Morality · Political science · Politics · Power (physics · Sociology · China's Socioeconomic Reforms and Governance · Chinese history and philosophy · History · Law · Philosophy · Vietnamese History and Culture Studies

• Civil Justice in China

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• Voluntary Surrender and Confession in Chinese Law

  W Allyn Rickett•The Journal of Asian Studies•1971

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