China

Justice

The legal apparatus that existed before the changes made during the Cultural Revolution was resurrected in 1980. The State Council again has a Ministry of Justice, and procuratorial organs and a court system were reestablished. The legal framework for this system was provided through the adoption of various laws and legal codes. One significant difference was that for the first time the law provided that there should be no discrimination among defendants based on their class origin. China also reestablished a system of lawyers.

The actual functioning of this legal apparatus, however, has continued to be adversely affected by a shortage of qualified personnel and by deeply ingrained perspectives that do not accord the law priority over the desires of political leaders. Thus, for example, when the top CCP leadership ordered a severe crackdown on criminal activity in 1983, thousands were arrested and executed without fully meeting the requirements of the newly passed law on criminal procedures. That law was subsequently amended to conform more closely with the actual practices adopted during the crackdown. Subsequently, similar campaigns have been mounted against criminal activity.