NCJ Number
67851
Journal
Judicature Volume: 63 Issue: 10 Dated: (MAY 1980) Pages: 476-484
Date Published
1980
Length
9 pages
Annotation
CHINA'S APPROACH TO LEGAL RESEARCH AND EDUCATION, LEGAL PROCEDURES, AND THE ADMINISTRATION OF JUSTICE FOLLOWING THE ADOPTION OF A NEW CONSTITUTION IN 1978 ARE DISCUSSED.
Abstract
CHINA'S NEW CONSTITUTION EMPHASIZES A WELL-DEFINED LEGAL SYSTEM, AND LAWFULNESS IS GIVEN HIGH PRIORITY THROUGHOUT THE NATION. CURRENT INFORMATION GATHERED FROM CHINESE NEWSPAPERS ON THE MAINLAND AND FROM THE AUTHOR'S INTERVIEWS WITH CHINESE LEGAL OFFICIALS INDICATE THAT CHINA IS ENDEAVORING TO IMPROVE THE ROLE OF WRITTEN LAW AND FORMAL JUDICIAL PROCEDURES. THE FOCUS ON LEGAL RESEARCH, AS IN THE RE-ESTABLISHMENT OF THE INSTITUTE OF LAW, IS A SIGNIFICANT DEPARTURE FROM PREVIOUS POLICY, BECAUSE IT ESTABLISHES LAW AS A DISCIPLINE OF STUDY RATHER THAN AS THE ADMINISTRATION OF SANCTIONS, AS IN IMPERIAL TIMES. THIS RE-ESTABLISHMENT OF LEGAL RESEARCH REFLECTS CHINA'S DESIRE TO PROMULGATE PENAL AND CIVIL CODES AND PROCEDURE LAW. MUCH OF CHINA'S RECENT LEGAL DEVELOPMENT IS A REACTION PRACTICED DURING THE CULTURAL REVOLUTION. POLICE POWERS HAVE BEEN PARTICULARLY CURTAILED; FOR EXAMPLE, AN ARREST IS PERMITTED ONLY AFTER AN INVESTIGATION AND PRELIMINARY TRIAL BEFORE THE PUBLIC SECURITY BUREAU IS CONDUCTED TO DETERMINE IF THERE IS SUFFICIENT EVIDENCE TO ESTABLISH THE SUSPECT'S GUILT. IF THE BUREAU BELIEVES IT HAS A CASE, IT SUBMITS A REPORT TO A PROCURATORIAL ORGAN, WHICH MAY OR MAY NOT CONCUR WITH THE BUREAU'S FINDINGS. NO ARREST CAN BE MADE WITHOUT THE CONSENT OF THE PROCURACY. FOOTNOTES ARE PROVIDED.