NCJ Number
74201
Journal
American Bar Association Journal Volume: 66 Dated: (December 1980) Pages: 1533-1535
Date Published
1980
Length
3 pages
Annotation
This article discusses the revival of the legal profession in the People's Republic of China (PRC) after the death of Chairman Mao Zedong in 1976 and describes efforts in China to promulgate documents such as the Constitution of 1978, the criminal codes and judiciary laws of 1979, and the 1980 regulations on lawyers.
Abstract
Following the death of Mao Zedong and the arrest of the 'Gang of Four,' the PRC developed a new party line that emphasized 'socialist legality' and the protection of individual rights. By the spring of 1979, 'people's lawyers' were proclaimed indispensable elements of the judicial system. This was formalized in 1980 in 'The Provisional Regulations on Lawyers of the People's Republic of China,' composed of 21 articles that represent the PRC's first attempt at comprehensive legislative control of the bar. The regulations make clear that lawyers in China are state legal workers, not private or semi-independent practitioners of a free, liberal profession. They are to serve as legal advisors to state and collective entities and to represent parties to civil litigation and defendants, victims, and complainants in criminal litigation. They are also to offer representation to parties who retain them in mediation and arbitration proceedings. In addition, they are to give advice on other legal matters and to draft various legal documents. Under the regulations, the ministry of justice will determine who is qualified to be a lawyer. The criteria for qualification implicitly give the ministry broad discretion in certifying lawyers, who must meet both political and professional requirements. The establishment of lawyers' associations is also sanctioned, although the central government will probably exercise some control over them.