NCJ Number
44585
Date Published
Unknown
Length
28 pages
Annotation
THE ROLE OF LAW IN THE PEOPLE'S REPUBLIC OF CHINA IS DISCUSSED, AND AN OVERVIEW OF THE CHINESE JUDICIARY BEFORE, DURING, AND AFTER THE CULTURAL REVOLUTION OF 1966 IS PRESENTED.
Abstract
THE PRIMARY ROLE OF LAW IN COMMUNIST CHINA HAS BEEN TO CARRY OUT THE STATE POLICY OF SUPPRESSING THE REACTIONARY CLASS, I.E., THE ENEMY OF THE PEOPLE. HOWEVER, MAO RECOGNIZED THAT LAW ALSO PLAYS AN IMPORTANT ROLE IN SETTLING DISPUTES AMONG THE PEOPLE. THE 1954 CONSTITUTION, WHICH PROVIDED FOR A FOUR-LEVEL, TWO-TRIAL JUDICIARY SYSTEM, INDICATED A TREND TOWARD ESTABLISHMENT OF A STABLE LEGAL ORDER AND A PERMANENT JUDICIAL STRUCTURE. HOWEVER, BETWEEN 1958 AND 1966, THE JUDICIARY APPEARED TO REGRESS, WHILE PUBLIC SECURITY ORGANS PLAYED A GROWING ROLE. DURING THE CULTURAL REVOLUTION, THE PEOPLE'S COURTS WERE VIRTUALLY SUSPENDED AND THE PROCURACY (PROSECUTOR'S OFFICE) WAS ABANDONED. WITH THE GRADUAL SUBSIDENCE OF THE REVOLUTION AND OF THE PEOPLE'S LIBERATION ARMY'S INTERVENTION IN THE ADMINISTRATION OF JUSTICE, THE PEOPLE'S COURTS GRADUALLY RESUMED THEIR ACTIVITIES. A NEW CONSTITUTION ADOPTED IN JANUARY 1975 CONFIRMED THE POST-CULTURAL REVOLUTIONARY PRACTICE OF PLACING THE JUDICIARY UNDER THE DOMINATION OF ADMINISTRATIVE ORGANS. FOR EXAMPLE, THE LOCAL PEOPLE'S COURTS ARE RESPONSIBLE TO THE LOCAL REVOLUTIONARY COMMITTEES. THE 1954 CONSTITUTION'S PROVISIONS ON JUDICIAL INDEPENDENCE AND RIGHTS OF THE ACCUSED HAVE BEEN ELIMINATED, AND PROSECUTORIAL FUNCTIONS HAVE BEEN RELEGATED TO PUBLIC SECURITY ORGANS. IT IS DIFFICULT TO PREDICT IN WHAT DIRECTION THE CHINESE JUDICIAL SYSTEM WILL MOVE, PARTICULARLY IN LIGHT OF THE CAMPAIGN TO DENOUNCE CONFUCIANISM AND TO PRAISE LEGALISM. THE QUESTION OF HOW LONG CHINA CAN REMAIN POSSIBLY THE ONLY COUNTRY IN THE WORLD WITHOUT A WRITTEN CIVIL OR CRIMINAL CODE IS RAISED.