NCJ Number
44584
Editor(s)
M LINDSAY
Date Published
1976
Length
58 pages
Annotation
THE HISTORY OF THE JUDICIAL SYSTEM IN THE PEOPLE'S REPUBLIC OF CHINA (PRC) IS REVIEWED, AND IMPLICATIONS OF PROVISIONS IN THE 1975 CONSTITUTION PERTAINING TO THE JUDICIARY ARE DISCUSSED.
Abstract
THE REVIEW COVERS THE ROLE OF LAW IN THE PRC AND THE NATURE OF THE JUDICIAL SYSTEM UNDER THE 1949 COMMON PROGRAM (PROVISIONAL CONSTITUTION) AND THE 1954 CONSTITUTION, AND DURING AND AFTER THE CULTURAL REVOLUTION. THE PRC'S FOURTH NATIONAL PEOPLE'S CONGRESS ADOPTED A NEW, SHORTER CONSTITUTION ON JANUARY 17, 1975. WHILE THE 1954 CONSTITUTION HAD 12 ARTICLES PERTAINING TO THE JUDICIAL AND PROCURATORIAL FUNCTIONS, THE NEW CONSTITUTION HAS JUST 1. MOST OF THE ARTICLES IN THE 1954 CONSTITUTION HAVING TO DO WITH THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS HAVE BEEN ELIMINATED OR SIMPLIFIED IN THE NEW CONSTITUTION. THE NEW CONSTITUTION DOES NOT SPECIFY THE POWERS OF STATE ORGANS, INCLUDING THE JUDICIARY, OR THEIR RELATIONSHIPS, APPARENTLY LEAVING ROOM FOR MORE FLEXIBLE DEVELOPMENT IN THE FUTURE. THE NEW CONSTITUTION REFERS TO THE PRC AS A 'SOCIALIST STATE OF THE DICTATORSHIP OF THE PROLETARIAT,' WHILE THE 1954 CONSTITUTION CALLED THE PRC 'A PEOPLE'S DEMOCRATIC STATE.' APPARENTLY THE PRIMARY ROLE OF LAW AND THE ROLE OF THE COMMUNIST PARTY IN THE JUDICIAL PROCESS REMAIN MUCH THE SAME. THE 1954 CONSTITUTION'S ARTICLE ON JUDICIAL INDEPENDENCE AND ALL PROVISIONS FOR THE PROCURATORATE ARE OMITTED FROM THE NEW CONSTITUTION, AS ARE ARTICLES PERTAINING TO THE PROCEDURAL RIGHTS OF ACCUSED PERSONS. THE NEW CONSTITUTION REINTRODUCES THE MASS TRIAL. THE ANALYSIS INDICATES THAT THE COURTS AT THE PROVINCIAL LEVEL AND BELOW ARE UNDER THE CONTROL OF THE REVOLUTIONARY COMMITTEES AT THE CORRESPONDING LEVELS. ENGLISH TRANSLATIONS OF EXCERPTS FROM RELEVANT DOCUMENTS ARE INCLUDED. (LKM)