Politics of The People's Republic of China - Legal System

Legal System

The Chinese legal code is a complex amalgam of custom and statute, largely focused on criminal law, though a rudimentary civil code has been in effect since January 1, 1987 and new legal codes have been in effect since January 1, 1980. Continuing efforts are being made to improve civil, administrative, criminal, and commercial law.

The government's efforts to promote rule of law are significant and ongoing. After the Cultural Revolution, the PRC's leaders aimed to develop a legal system to restrain abuses of official authority and revolutionary excesses. In 1982, the National People's Congress adopted a new state constitution that emphasized the concept of rule of law by which party and state organizations are all subject to the law. (The importance of the rule of law was further elevated by a 1999 Constitutional amendment.) Many commentators have pointed out that the emphasis on rule of law increases rather than decreases the power of the Communist Party of China because the party, in its position of power, is in a better position to change the law to suit its own needs.

Since 1979, when the drive to establish a functioning legal system began, more than 301 laws and regulations, most of them in the economic area, have been promulgated. (After China's entry into the WTO, many new economically related laws have been put in place, while others have been amended.) The use of mediation committees - informed groups of citizens who resolve about 90% of the PRC's civil disputes and some minor criminal cases at no cost to the parties - is one innovative device. There are more than 800,000 such committees in both rural and urban areas.

Legal reform became a government priority in the 1990s. Legislation designed to modernize and professionalize the nation's lawyers, judges, and prisons was enacted. The 1994 Administrative Procedure Law allows citizens to sue officials for abuse of authority or malfeasance. In addition, the criminal law and the criminal procedures laws were amended to introduce significant reforms. The criminal law amendments abolished the crime of "counter-revolutionary" activity (and references to "counter-revolutionaries" disappeared with the passing of the 1999 Constitutional amendment), while criminal procedures reforms encouraged establishment of a more transparent, adversarial trial process. The PRC Constitution and laws provide for fundamental human rights, including due process, although those laws also provide for limitations of those rights.

Although the human rights situation in mainland China has improved markedly since the 1960s (the 2004 Constitutional amendments specifically stressed that the State protects human rights), the government remains determined to prevent any organized opposition to its rule. Amnesty International estimates that the PRC holds several thousand political prisoners. Although illegal, there have been reports of torture by civil authorities.