INTERPRETATION OF PROVISIONAL REGULATIONS GOVERNING ORGANIZATION OF PEOPLE'S COURTS OF THE PEOPLE'S REPUBLIC OF CHINA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00809A000700040068-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 6
• Document Creation Date: December 22, 2016
• Document Release Date: October 28, 2011
• Sequence Number: 68
• Publication Date: January 19, 1952
• Content Type: REPORT

Declassified in Part - Sanitized Copy Approved for Release 2011
i iii4rIUtlY I IRL
cONF?DENTIAI
.
CLASSIFICATIOISECURTPY INFCRMATroru
CENTRAL INTELLIGENCE AGENCY
ION FROM
REPORT
INFORMAT
FOREIGN DOCUMENTS OR RADIO BROADCASTS
CD NO.
COUNTRY
China
DATE OF
INFORMATION
1951
SUBJECT
Political
- Judicial,, people's courts
I
HOW
DATE DIST.
Jan 1952
PUBLISHED
Daily newspaper
WHERE
PUBLISHED
DATE
PUBLISHED
Hong Kong
7 Sep 1951
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ol.IUD I LAW. l IIn0POCn011 OF
SUPPLEMENT TO
REPORT
INI'ERFRETATICN of PROVISIONAL REGULA'21i)r GOVERNING ORGANIZATION
OF PEOPLE'S COURTS OF THE PEOPI!'?S REPUBLIC OF CHINA
Hsu Te-herg, acting chairmar, of the i,:t-nlssion of law, Cen-
tral People's Government, at thv 12th sesetc,n of the Central
People's Government Admirletraticn Council, 3 September 1951,
submitted the, draft prZviaicnal regulations governing the organ-
ization of the people's courts of the Ferz.le's Republic of China,
to the members of the council for approve!.
In submitting the regulations, & .Li stated that such
a legislation is indispensable to t:1e judical system. In re-
gard to the relation between the people', ca.,rt and the people,
he stated that the regulations ere formulated in a spirit of
service to the people in accordance with Article 17 of the Common
Program, `Such a revolutionary spirit 'a-,is in sharp contrast
to the reactionary viewpoints of the f. Ito-Fa Ch'uan-Shu
(Six Basic Law Codes)," he explained, 'Ii*,_ d to the rela-
tion between the people's cour, and L. - _ government on the
same level, he contended trr.t tt. 'F p,:.,.'' tar a people's court
to be supervised by Its highs-' oIu* e . ;~ .. people's. govern-
ment council on its own level.
He also explained the relationship bet,+re_ a people's court
and minority nationalities, the crgan.tzation of people's courts
on three levels, the ?_evels of court Jurisdiction, the provisions
,for trial, and the basic characteristics of the court system.
I am here representing the Commission of Law of the Central People's Govern-
ment to report to you on the provisional regulations for the organization of
people's courts of the People's Republic of China. Such legislation is indis-
pensable to the judicial system,
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As the suppression of counterrevolutionary activity and the land-reform
movement have become more intensified, the task of tie people's courts has been
heavier than ever before. The number of cases handled by the people's courts
on various levels has been very great. For instance, in the first half of
1951, in the Northeast the people's courts handled a total of 88,246 cases,
of which 51,058 were criminal cases and 37,188 civil cases. In the same
period, in the sev- large cities of Peiping, Tientsin, Shanghai, Nanking,
Wuhan, Canton, ana nungking the people's courts handled a total of 95,983
cases., of which 34,883 cases were criminal cases and 61,100 civil cases. Also
during the same period, the people's courts in the Shansi, Chahar, and Shan-
tung provinces, and the Worth Anhwei a^d South Kiangsu administrative office
districts handled 170,703 cases, 102,641 of which were criminal cases and 68,062
were civil cases. To strengthen the organization of the people's courts in
order to improve the functioning of the people's judicial system it becomes
necessary to devise these regulations.
The draft of these regulations has resulted from a long period of study
and discussion. As early as in the winter of 1948, the Law Committee of the
Central Committee of the Chinese Communist Party started preparing the draft
on the basis of judicial experiences in the old liberated areas. Since the
spring of 1950, the Commission of law of the Central People's Government has
contie,ed to conduct studies and make revisions.
The first draft was based on experiences with cases in North China,
Northeast, Northwest China, East China, and South and Central China, as well
as on the study of Soviet court organization and other related materials. It
was discussed by the First Sessior of All-China Judicial Conference last year
and revised many times in accordance with suggestions made by government agen-
cies on the central and local levels. Further examinations and revision was
conducted by the Committee of Political and Legal Affairs of the Government Ad-
ministration Council of the Central People's Government, and the Standing Com-
mittee of the National Committee of the People's Political Consultative Con-
ference of the People's Republic of China. Now, I formally present these regu-
lations for final revision and approval.
Because various works of our country are still in their initial stages
and because the War of Liberation has not been ended, it is obviously dif-
ficult to have a very definite and rigid system of regulations for the people's
courts. $pnce, these regulations are temporary ant very general. It is ex-
pacted, however, that these regulations will become more perfect in the future,
as we shall make constant revisions out of cur growing experience.
I would like to explain briefly some fundamental issues of these regula-
tions.
A. Relation Between the People's Court and cne Lie
These regulations are formulated in a spirit of service to the people on
the part of the people's revolutionary government. They are based on Article
17 of the Common Program of the People's Political Consultative Conference, the
purpose of which is to abolish all lava, decree., and judicial systems of the
Kuomintang reactionary government oppressing the people, enact decrees pro-
tecting the people, and establish a people's judicial system." Indeed, such
a spirit pervades the policy, organization, and legal procedures of the newly
devised re(r lations for a judicial system. Such a revolutionary spirit, a
spirit in the interest of the people, stands in sharp contrast to the reaction-
ary viewpoints of the former Liu-Fa Ch'uan-Shu and refutes all laws for the
organization of a court system which is prejudicial to the people.
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The basic function of the people's court, as that of the people's army
and people's police, is to serve as a state instrument of the People's Republic
of China and as an indispensable weapon of the people's democratic dictator-
ship and the liberated Chinese people. The basic function of the people's
court is to inform and to educate the people to obey laws and orders through
it& trialr. It aims to "strengthen the people's democratic dictatorship,
preserve the social order of the New Democracy, and protect all lawful rights
and interests and the revolutionary achievements of the people." Hence, the
people's court stands for the interest of the people against imperialism,
feudalism, bureaucratic capitalism, and the remnants of that Kuomintang regime
which personified all the reactionary elements. It is opposed to the so-called
Liu-Fa Cl''uan-Shu which were designed to protect the interest of the ruling
few and the reactionary Kuomintang regime.
From the viewpoint of structure, the people's court is a constituent part
of the people's government. On the one hand, it ii under the jurisdiction of
and responsible to the people's government council on its respective level and
the higher people's court to which it submits reports. On the other hand, its
work exemplifies its nature as a court by the people, of the people, and for
the people. Emphasis was placed upon the lower courts as well as on the higher
courts, for the former are better able to see the people's viewpoints. Hence,
the government has made provisions for the establishment of a sufficient
number of courts in the various areas. (For instance, the municipal people's
court will set up ch'u courts, and the provincial people's court and the Supreme
People's Court will establish branches or branch judiciary departments in the
various districts -hen necessary. Policies such as these are baaical.ly differ-
ent from the old system of independent administration of the judiciary and life-
long appointments to judgeships which were not responsible to the people them-
selves.
As for the methods of trial, the people's court has adopted a system
that is more convenient to the people, in closer contact with them, and gives
more weight to their opinion. Hence, trial does not merely rely on testimony
and courtroom interrogation, but also on field investigation. Decisions will
be reached only after the over-all picture has become clear, and sufficient
evidence. has been obtained by means of investigation on the scene. This is
particularly true for the more complicated cases. Depending on the actual
circumstances of the need of each case, the people's court may choose the
trial system, of holding trial either in its courtroom or in the locality in
which the case arose, or it may invite the people to participate in the trial.
Furthermore, by using various methods the people's court always stresses
teaching the people to observe law and order. In other words, judicial educa.
tion becomes one of the purposes of tie new trial system. Such a system is in
contradistinction to the former system in which trial administration was kept
so far away from the people and so much emphasi was placed on prosecution and
punishment.
B. Relation Between the People's Court and the People' rover nt the Sam
Level
Opinions differed as to what shoul be the nature of the relationship
between the people's court and the people's government. Some thought a people's
court should be under the supervision of the higher court while others held
that it should be under the supervision both of the higher court and the people's
government on the same level. After having exchanged opinions with all concerred,
we believe that a people's court should be supervised by its higher court and
by the people's government council on its own level. Only such a structure is
adequate, since it offers the most advantages and the fewest evils.
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The reasous for such jurisdiction are many. The revolutionary government
of China has been formed by the consolidation of forces from the local level
up to the central. Furthermore, China is a large country; it will take a long
time to eliminate the differences in economic and political development in
various regions created by imperialism and feudalism in their long tenure.
Finally, there is still some difference in advancement in our work in
various areas, and it will take time for us to correct it. The people's courts,
including the branches of the Supreme People's Court, must not only be put
under the jurisdiction of their higher courts, but also under the jurisdiction
of the people's government council on their own level. Only by such a regula-
tion can the Supreme People's Court effectively exercise its authority in ac-
cordance with the different circumstances and degree of development in various
areas. Therefore, Article 10 of the regulations state- that "the people's
courts of et n level (including branches of the Suprem: People's Court and
branch judiciary departments) are a constituent part of tha people's govern-
ment of the same levels, and they are subject to the direction and supervision
of the people's government councils of the same level."
C. People's Court and Minority Nationalities
China is a country inhabited by peoples of different origin. The minority
nationalities have their own peculiar social and economic life, different cus-
toms, and languages. We take full consideration of these differences in pre- -
paring these regulations. Thus, Article 2 asserts that in autonomous regions
of various minority nationalities, people's courts shall be established on a
level equal to the local people's government in accordance with existing con-
ditions. Also, Article 11, Paragraph 1, on the organization of the hsien
people's court (banner, helen, similar administrative area, or autonomous
area) and Article 18, Paragraph 1, on the organization of the provincial
people's court, are regulations that -.aloe full cognizance of the special cir-
cumstances of minority nationalities and thus are conuistent with the policy
on minority nationalities as prescribed in the Common Program. Furthermore,
Article 9 states that "people of every nationality shall have the right to
use their own language for judiciary proceedings; whenever necessary, the
people's courts shall interpret for them." The second paragraph of the same
artlcle'provides that "in the areas where minority nationalities live or
where there are mixed nationalities living together, the people's courts
shall conduct the judiciary proceedings in the prevailing local language.
Whenever necessary, decisions, announcements, and other documents shall, at
the same time, be written in the languages of the nationalities concerned."
It is quite obvious that one of the special features of these regulations
is that they are formulated on the basis of equality and unity among the
peoples. This stands in sharp contrast to the reactionary racial policy of
the former Kuomintang regime.
D. Organization of the People's Courts
A people's court is an agency for the administration of justice for the
People's Republic of China. Article 2 of the Provisional Regulations Govern-
ing the Organization of People's Courts states that "the People a Republic of
China shall establish people's courts on the fcllowing levels.
"1.
"2.
"3.
Helen people's courts
Provincial people's courts
The Supreme People's Court
"In the autonomous regions of the various minority nationalities, people's
courts shall be established on levels crrresponding to those of their people's
governments in accordance with existing conditions.
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"The establishment and organization of the people's special courts shall
be separately determined by law."
Three points should be explained here:
1. People's courts exist in three levels.
2. Because the size of the area, the population, and the socio-economic
conditions in the mixed minority nationality areas vary one from the other,
the regulations set forth a general principle that the people's court in
such an area shall be set up according to existing conditions r I on a level
with that of the local government.
3. By special courts is meant courts set up for specific purposes and
assign' specific functions, such as military courts, courts formed during the
course of land reform, and courts that may be set up in the future for special
purposes.
E. Levels of Court Jurisdiction
As indicated in the regulations, the System of people's courts consists
basically of the three-grade and two-trial system, one for original juris-
diction . one for appeal. The majority of the cases are to be ended with the
second trial, but some cases under unusual circumstances may be ended with a
third trial or with the first trial. Such a provision protects the people's
right to appeal and at the same time facilitates the effective punishment of
counterrevolutionary activity, thereby preventing the lots of money and energy
by the plaintiff and by society as a whole that may occur as a consequence of
the trickery of counterrevolutionary offenders. In fact, such a provision is
formulated in accordance with the actual conditions of the nation. Since China
is an extensive region where communications have not been developed, and since
the number of cases is so great, a system of three courts and three trials
would only result in delays in settlement and hinder the productive efforts of
the people. Thus the system of two trials is more realistic and is in the in-
terest of the people. On the other hand, if people bring their cases, either
as appeals or as original cases, to the higher court, the higher court should
make the necessary decisions according to law.
F. Provisions for Trial
To facilitate a just trial, the provincial court and the Supreme People's
Court shall conduct trials in controversial cases with three judges. However,
the provincial people's court may, according to the actual circumstances and
nature of cases involved, conduct trials with a single judge.
In addition, the regulations provide fcr establishment of civil and
criminal affair departments and, wherever necessary, for the establishment of
a trial committee.
G. Basic Characteristics of the Court System
1. People's Jury
The new people's jury system which my-tes the people to take part in
trials differs from that in capitalistic countries bull is basically the same
as the Soviet system. It is designed to bring the people to Participate in
trials. However, because of numerous unsettled cases in the people's courts
in various areas, conditions have not permitted the practice of such a jury
system throughout the whole country. Therefore, Article 6 gives only a general
statement of the principle that "the people's courts shall put into operation
the people's jury system with due consideration for the nature of the case in
question."
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2. Field Investigation, Field Trial, and Transfer of Jurisdiction
Sue. a system is instituted in the service of the people and conducted
in the people's way. It is efficient because it saves money and the labor of
the people involved. Furthermore, by means of such a system of trial, people
will more clearly understand the government's policy and thus observe the law.
It enables the people's court to obtain evidence more easily and to'conduct
trials more efficiently. It also enables the people's court to observe the
,reaction of the people to court decisions.
An example is the case of Shen Yen-hei, who was tried in Cheng_chou on
the charge that he had withheld enemy property from surrender to the govern-
ment. At. the beginning of the case he was tried in the courtroom of the court
of Jurisdiction, but the trial produced no result. Only after the court
undertook, field investigation, gathering information from the people, and
held the trial in the locality in which the case arose, did the court solve
the case. By means of field investigation and trial, the court noc only
solved the case but also uncovered concealed enemy property that had not
been included in the case in question. Such a system is specifically men-
tioned in the regulations because it can apply not only to cases that occur
in small and remote villages, but also to some of the cases that occur in
cities.
The purpose of public trial is to provide sufficient opportunity not
only for the witness to speak on his own behalf but also for the audience to
express its opinion, on the condition that the rules of the court are observed.
What canes should not be tried in public? Examples of such cases are
those involving state secrets, or those which, when they are made public will
have undesirable effects on society. In general, criminal and civil cases and
cases concerning counterrevolutionary activities that need not be kept secret,
'should be giten public. trials. Public trial serves as a political education.
for the,witnesh, as well as for the public.
4. Propaganda and Educational Values of Court Trial
The process of trial is an education in itself. By means of trials
of criminal and civil cases, court settlements, and legal penalties, the
people's courts wield a positive educational influence on the people.
People's courts on the various levels should continue the salutary
practice of maintaining close contact with the people and instructing them.
In fact, the people a courts have gone beyond the confines of the courtroom
and, in conducting field investigations and t;: le, they have entered the
villages and the mining and industrial areas t;. get in close contact with
the people. The people's court has become the lecture room from which our
program, laws, and regulations are being taught erd propagated to the people
of the nation. In addition, various means of propaganda, such as broadcasts
mews reports, bulletin boards, street plays, exhibits, discussion groups, and
speech clubs are being used to teach the people the meaning of laws, the im.
portance of observing those laws, and the causes and remedies of crimes. In
view of the educational value of court actions, the educational functions of
the court are being mentioned in the regulations.
This is a brief explanation of the Provisional Regulations Governing the
Organization of People's Courts of the People's Republic of Chins. We tppeal
to you for advice.
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