China Table of Contents
SWEEPING REFORMS IN CHINA'S legal system were announced at the Second Session of the Fifth National People's Congress held in June and July 1979. New laws on courts, procuratorates, crime, and trials were promulgated. The changes, effective as of January 1, 1980, reflected the leadership's conviction that if economic modernization was to succeed, the people--who had suffered through the humiliations, capricious arrests, and massive civil disorders of the Cultural Revolution (1966-76)--had to be assured that they no longer would be abused or incarcerated on the basis of hearsay or arbitrary political pronouncements.
From the perspective of the leaders of the Chinese Communist Party, moreover, codified laws and a strengthened legal system were seen as important means of preventing a possible return of radical policies and a repetition of the era when the Gang of Four ruled by fiat and inconsistent party regulations. Aside from establishing a legal code that would be more difficult for corrupt officials to manipulate, the new laws made the courts responsible for applying all but minor sanctions and made the police answerable to the courts. Procuratorates, which had fallen into disuse during the Cultural Revolution, were reinstituted to prosecute criminal cases, review court decisions, and investigate the legality of actions taken by the police and other government organizations. A greater role for the courts and independent investigations were expected to make it more difficult to introduce politically colored testimony into the courtrooms.
Hard labor still was the most common form of punishment in China in the 1980s. The penal system stressed reform rather than retribution, and it was expected that productive labor would reduce the penal institutions' cost to society. Even death sentences could be stayed by two-year reprieve. If a prisoner was judged to have reformed during that period, his or her sentence could be commuted to life or a fixed term at labor.
Neighborhood committees in the 1980s continued to be heavily involved in law enforcement and mediation of disputes at the local level. Among the enforcement procedures these committees used to influence both thought and behavior were criticism and collective responsibility.
In the period between 1980 and 1987, important progress was made in replacing the rule of men with the rule of law. Laws originally passed in 1979 and earlier were amended and augmented, and law institutes and university law departments that had been closed during the Cultural Revolution were opened to train lawyers and court personnel. It was only a beginning, but important steps had been taken in developing a viable legal system and making the government and the courts answerable to an objective standard.
Data as of July 1987