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Published online by Cambridge University Press: 17 February 2009
China' trial of the “ gang of four ” and six other members of the “ Lin-Jiang cliques ” has attracted world-wide attention.* The Chinese press has pictured the trial as a landmark: the end of a lawless era, a successful test of the new legal system, and a demonstration that all are equal before the law.1 Contrary to Chinese leaders’ expectations, however, many observers have considered the trial as essentially a political rather than a legal exercise.2 On the other hand, the holding of this trial appeared to reflect, among other things, Beijing' desire to publicize its commitment to legality, and the controlled and selected reporting of the court sessions has given the outside world glimpses of the judicial process under China' new and emerging legal order.
* The cover of Beijing Review, No. 48, 1 December 1980, has the pictures of the accused: Jiang Qing, Zhang Chunqiao, Yao Wenyuan, Wang Hongwen, Chen Boda, Hung Yongsheng, Wu Faxian, Li Zuopeng, Qiu Huizuo, and Jiang Tengjiao.
1. See e.g. “ The just court verdicts,” Renmin ribao (RMRB) (People' Daily), 26 January 1981, pp. 1,4.
2. See, for instance, Frank Ching, “ Robes of justice sit uneasily on gang of four judges,” The Asian Wall Street Journal, 28 November 1980, p. 4; Fox Butterfield, “ Revenge seems to outweigh justice at Chinese trial,” New York Times, 6 December 1980, p. 2; David Bonavia, “ Give them rice and circuses,” Far Eastern Economic Review, 5–11, December 1980, p. 12; “ Peking' trial, and error,” Editorial, New York Times, 5 January 1981, p. A14; Professor Jerome A. Cohen, however, considers the trial as China' effort to bring a political case under the legal process. He also would compare the trial to the Nuremburg war crimes trials following the Second World War. The Associated Press, Beijing, 6 December 1980.
3. Texts of the Counter-revolutionaries Act and the Corruption Act are in Zhonghua renmin zhengfu faling huipian (Collection of laws and decrees of the Central People' Government) (FLHP) (Beijing: People' Publication House), Vol. 1 (1953), pp. 3–5Google Scholar and Vol. 3 (1954), pp. 25–28, respectively, and texts of the SAPA and the Arrest Act are in Zhonghua renmin gongheguo fagui huipian (Collection of laws and regulations of the People' Republic of China) (FGHP) (Beijing: Legal Press), Vol. 1 (1956), pp. 239–42 and Vol. 6 (1957), pp. 245–61, respectively.Google Scholar
4. For a discussion of Mao' impact on Chinese legal development, see Leng, Shao-chuan, “ The role of law in the People' Republic of China as reflecting Mao Tse-tung' influence,” Journal of Criminal Law and Criminology, Vol. 68, No. 3 (1977), pp. 356–73.CrossRefGoogle Scholar
5. The PRC' judicial development before the Cultural Revolution is examined in Cohen, Jerome A., The Criminal Process in the People' Republic of China (Cambridge, Massachusetts: Harvard University Press, 1968)Google Scholar and Leng, Shao-chuan, Justice in Communist China (Dobbs Ferry, New York: Oceana, 1967).Google Scholar
6. See e.g. “ China' socialist legal system,” Beijing Review, Vol. 22, No. 2 (12 January 1979), pp. 26–27Google Scholar and “ Trial of Lin-Jian cliques: indictment of the Special Procuratorate,” Beijing Review, Vol. 23, No. 48 (1 December 1980), pp. 18–23.Google Scholar
7. Leng, Shao-chuan, “ Human rights in Chinese political culture,” Thompson, Kenneth W. (ed.), The Moral Imperatives of Human Rights: A World Survey (Washington, D.C.: University Press of America, 1980), pp. 89–91.Google Scholar English text of the 1978 Constitution is in Peking Review, Vol. 21, No. 11 (17 March 1978), pp. 5–14.Google Scholar Its comprehensive analysis is available in Cohen, Jerome A., “ China' changing Constitution,” The China Quarterly, No. 76 (December 1978), pp. 794–841.CrossRefGoogle Scholar
8. Beijing Review, Vol. 22, No. 42 (19 October 1979), pp. 3–4.Google Scholar
9. New York Times, 6 June 1978, p. 1.
10. Beijing Review, Vol. 22, No. 4 (26 January 1979), p. 8.Google Scholar
11. FBIS, Daily Report: PRC, 23 September 1980 (Supplement), p. 42.
12. Ibid.. pp. 34–35.
13. RMRB, 30 November 1979, p. 1. Peng Zhen estimated that over 1,500 state laws and decrees and administrative regulations were promulgated in the 17 years after 1949.
14. Zhao Yusi, “ Legal education should be greatly expanded,” RMRB, 10 October 1980, p. 5.
15. Beijing Review, Vol. 22, No. 32 (10 August 1979), p. 4; FBIS, Daily Report: PRC, 11 June 1980, p. L5.Google Scholar
16. Faxue yanjiu is published by the Legal Research Institute of the Chinese Academy of Social Sciences; Minzhu yu fazhi is published jointly by the East China Institute of Politics and Law and the Shanghai Legal Society. Many legal books have been published by the Legal Research Institute of the Chinese Academy of Social Sciences and other research institutes and groups in legal affairs.
17. RMRB, 1 August 1980, p. 1.
18. Articles 4–12. English text of the new Organic Law of the People' Courts is in FBIS, Daily Report: PRC, 27 July 1979 (Supplement), pp. 20–27. Text of the 1954 Organic Law is in FGHB, Vol. 1, pp. 123–32.
19. Article 25 of the 1978 Constitution.
20. Articles 32 and 33 of the 1979 Organic Law of the People' Courts.
21. “ Resolution of the fourth session of the First National People' Congress of the People' Republic of China to the effect that death penalty cases should be decided or approved by the Supreme People' Court “ (adopted 15 July 1957), FLHB, Vol. 6 (1958), p. 296.
22. Article 2 of the Organic Law of the People' Procuratorates. English text of the law is in FBIS, Daily Report: PRC, 27 July 1979 (Supplement), pp. 27–33. Text of the 1954 Organic Law is in FGHB, Vol. 1, pp. 133–38.
23. For a discussion of the Soviet Procuracy, see Berman, Harold J., Justice in the U.S.S.R. (New York: Vintage Books, 1963), pp. 238–47. In an interview with the author in Beijing in November 1979, Mr. Sun, Deputy Chief of the Legal Research Bureau of the Supreme People' Procuratorate, said that rather than follow the Soviet model China had to make some changes regarding the procuracy in order to meet her specific conditions and needs.CrossRefGoogle Scholar
24. For past attacks against the tendency to free the procuracy from local Party cadres’ interference, see Leng, Justice in Communist China, pp. 114–19.
25. Articles 3,4,8, and 19 of the 1954 Organic Law.
26. “ Explanation on seven laws,” Beijing Review, Vol. 22, No. 28 (13 July 1979), p. 14.Google Scholar
27. For comparison, Article 6 of the 1954 Law reads: “ The Local People' procuratorates are independent in the exercise of their authority and are not subject to interference by local state organs.”
28. English text of the Criminal Law is in FBIS, Daily Report: PRC, 27 July 1979 (Supplement), pp. 33–62. Consult the Legal Research Institute of the Chinese Academy of Social Sciences, Xingfa jianghua (Lectures on Criminal Law) (Changdu: People' Publication House, 1979).Google Scholar
29. Articles 27–56, Chap. III, Part 1.
30. Articles 90–192, Chaps. I-VIII, Part 2. The author has adjusted some of the translation in FBIS according to the Chinese text appearing in RMRB, 7 July 1979, pp. 1–4.
31. It should be noted that most of the penalties listed in the PRC' 1951 Regulation for Punishment of Counter-revolution were capital punishment. See the Regulations in FLHP, Vol. 2, pp. 3–5.
32. For a discussion of the PRC' past policy regarding the death penalty and its two-year reprieve, see Cohen, J. A., “ Reflections on the criminal process in China,” Journal of Criminal Law and Criminology, Vol. 68, No. 3 (1977), pp. 342CrossRefGoogle Scholar–43; Leng, Justice in Communist China, pp. 166–68; Political Imprisonment in the People' Republic of China (London: Amnesty International Publications, 1978), pp. 61–69.Google Scholar
33. Cohen, The Criminal Process, pp. 336–41, 348–53; Leng, Justice in Communist China, pp. 159–61.
34. FBIS erroneously translates “ the Supreme People' Court “ as “ the Higher People' Court.”
35. See e.g. Hungdah Chiu, “ China' new legal system,” Current History, September 1980, p. 31. This issue was discussed when the author had a meeting with President Hu Guang and a score of faculty members of the South-west Institute of Politics and Law (Chongqing) in December 1979. According to the two criminal law professors who participated in drafting the PRC' Criminal Code, China has just begun the codification process and has had no time to provide detailed regulations in her criminal legislation; consequently, it is necessary to permit the use of analogy in a “ very restrictive ” manner to meet practical needs and plug the loopholes in the current law. They expect, however, that in the future China will move to adopt the principle that an actor is held criminally responsible only when his act is punishable according to the provisions of the law in force at the time of its commission.
36. See Jerome A. Cohen' comment as reported in Fox Butterfield, “ Definition of crime clarified by Peking,” New York Times, 10 July 1979, p. All.
37. As one western jurist comments, the mere promulgation of the law is already an act of courage on the part of the present government. Meijar, M. J., “ The new Criminal Law of the People' Republic of China,” Review of Socialist Law, Vol. 6, No. 2 (June 1980), p. 138.Google Scholar
38. In his report on the current situation and tasks to a cadre conference on 16 January 1980, Deng Xiaoping even conceded that “ we are at least one million short - I think it is two million - in the number of cadres capable of doing judicial work, including judges, lawyers, judicial officers, procurators and special policemen. There are very few cadres who can act as judges and lawyers, who have studied law and understand it and who can also enforce the law in a fair and impartial way.” FBIS, Daily Report: PRC, 11 March 1980 (Supplement), p. 20. Text of Deng' Report first appeared in Cheng Ming (Contending), No. 29 (March 1980), pp. 11–23. Cheng Ming is a Hong Kong-published magazine sympathetic to the PRC. For more discussion of China' shortage of legal personnel, see Zhao Yusi, footnote 14, above, and Lin Shaodang, “ Great expansion of political-legal education is our current urgent need,” Minzhu yu fazhi, No. 2 (1979), p. 17.
39. Xinhua News Agency (XHNA), 6 April 1980.
40. Text of the Law of Criminal Procedure is in Guangming ribao (GMRB) (Enlightenment Daily), 8 July 1979, pp. 1–3. Its English text is in FBIS, Daily Report: PRC, 30 July 1979 (Supplement), pp. 1–31.
41. Text of the revised Regulations is in RMRB, 25 February 1979, p. 1. Text of the 1954 Regulations, ignored in the past, is in FGHP, Vol. 1, pp. 239–42.
42. See Articles 38–52 of the Law of Criminal Procedure and Articles 2–8 of the Regulations Governing Arrest and Detention. The difference between “ detention ” and “ arrest ” is clearly described in a 1968 study as follows: detention is the emergency apprehension and confinement of a suspect for the purpose of investigating whether there is sufficient evidence to justify his arrest while arrest is the apprehension and confinement, or the continuing confinement, of a suspect for the purpose of investigating whether there is sufficient evidence to justify prosecution. Cohen, The Criminal Process, p. 28.
43. As explained by a Chinese jurist, the three-month period before the trial is needed because China is so vast in size and transportation is difficult. Ronald C. Keith, “ Transcript of discussions with Wu Daying and Zhang Zhonglin concerning legal change and civil rights,” The China Quarterly, No. 81 (March 1980), p. 120.
44. Zeng Longyao, “ Upholding the principle of mutual co-ordination and restriction by the public security organs, procuratorial organs, and people' courts,” Faxue yanjiu, No. 1, 1979, pp. 44–45.
45. Luo Ping, “ The principle of measuring penalties in China' criminal law,” Hongqi, No. 9, 1979, pp. 71–72; Teaching and Research Office of Beijing Institute of Politics and Law, Zhonghua renmin gongheguo xingshi susong fa jianghua (Lectures on the criminal procedural law of the People' Republic of China) (Beijing: Mass Publishing House, 1979), p. 74.Google Scholar
46. Qin Huaihe, “ Need to ensure people' power to direct state affairs,” Cheng Ming, No. 37 (1 November 1980), p. 82.
47. See e.g. Fox Butterfield, “ Four arrested in China at Democracy Wall,” New York Times, 13 November 1979, p. A5; Laduguie, Arlette, “ The Human Rights Movement,” Index on Censorship, Vol. 9, No. 1 (February 1980), pp. 18–26. According to the report of the underground publication Dadi (Great Earth) on 4 November 1979, when Wei Jingsheng was arrested on 27 March 1979, he demanded that the public security personnel show him their arrest warrant, but was told, “ we want to arrest you, why do we need an arrest warrant!” A week later, the arrest warrant was issued by a people' court. Chiu, “ China' new legal system,” p. 32.CrossRefGoogle Scholar
48. Lectures on the Criminal Procedural Law (see footnote 45, above), pp. 52,63–64.
49. Wang Shunhua, “ Why it is necessary to strictly ban torture in extracting confessions,” GMRB, 19 March 1980, p. 3.
50. Fox Butterfield, “ Chinese said to torture African student in sex inquiry,” New York Times, 1 June 1980, p. 3.
51. Minzhu yu fazhi, No. 8,1980, p. 31.
52. XHNA, 1 October 1980.
53. FB1S, Daily Report: PRC,21 November 1980, p. L3.
54. Lectures on the Criminal Procedural Law, p. 87.
55. One Chinese writer maintains that “ public trial ” not only serves educational purposes but also puts adjudication under the people' supervision. Liao Zengyun, “ On public trial,” Faxue yanjiu, No. 5, 1980, pp. 35–38.
56. XHNA, 15 September 1980.
57. Frank Ching, “ Justice must be seen to be done to gang of four,” Asian Wall Street Journal, 3 October 1980, p. 6.
58. RMRB, 22 November 1980, p. 4. A similar view was expressed by Wang Hanbin, Vice-chairman of the Commission for Legal Affairs of the NPC Standing Committee, when interviewed by a Xinhua News Agency reporter. RMRB, 12 December 1980, p. 4.
59. Timothy A. Gelatt, “ Resurrecting China' legal institutions,” Asian Wall Street Journal, 29 March 1980, p. 4.
60. XHNA, 4 November 1980; Yunchang, Li, “ The role of Chinese lawyers,” Beijing Review, Vol. 23, No. 46 (17 November 1980), p. 24.Google Scholar
61. The 21-article Regulations will go into force, 1 January 1982. Their full text is in RMRB, 27 August 1980, p. 4.
62. According to the First Vice-Minister of Justice, all those who aspire for lawyer certificates shall be subjected to a strict process of scrutiny and evaluation, which may include a formal examination. Li Yunchang, “ Several points of explanation concerning the Provisional Regulations on Lawyers of the People' Republic of China,” RMRB, 29 August 1980, p. 4. The 1956 Regulations made no reference to any examination and had even more flexible standards for lawyers than the current Regulations. See.Leng, Justice in Communist China, pp. 137–39.
63. Article 19 of the Provisional Regulations on Lawyers. By comparison, the Lawyers’ Associations in the 1950s appeared to have more control over Chinese lawyers. As in the past, lawyers are paid by the state, but it is not clear whether a close relation between a lawyer' salary and his performance established by the 1956 Provisional Rules for Lawyers’ Fees will be followed. Text of the Rules is in FGHB, Vol. 4, pp. 235–38.
64. Leng, Justice in Communist China, p. 144.
65. Minzhu yu fazhi, No. 2, 1979, p. 36.
66. FB1S, Daily Report: PRC, 24 September 1980, p. L14.
67. Minzhu yu fazhi, No. 4, 1980, pp. 10–11.
68. Xiao Yang, “ Should correctly treat lawyers’ work,” Ibid.. pp. 14–15.
69. Beijing Review, Vol. 23, No. 23 (9 June 1980), p. 26.Google Scholar
70. RMRB, 29 August 1980, p. 4.
71. Gellatt, see footnote 59, above, p. 4.
72. Fox Butterfield, “ Peking criminal trial, in bank robbery case, opened to foreigners,” New York Times, 18 June 1980, p. A3.
73. Jiang Qing initially wanted lawyers to represent her but failed to reach an agreement with the three lawyers recommended by the court. GMRB, 11 November 1980, p. 1.
74. John Rodenick, “ Gang of Four: baffling trial in China,” Associated Press, 6 December 1980; Fox Butterfield, “ Revenge seems to outweigh justice at Chinese trial,” New York Times, 6 December 1980, p. 2.
75. See FBIS, Daily Report: PRC, 2 December 1980, pp. L2–3; 19 December 1980, pp. L2, L4–5; 22 December 1980, p. L6; 29 December 1980, pp. L11–12. Shorter summaries are in Beijing Review, Vol. 23, No. 50 (15 December 1980), p. 20 and Vol. 23, No. 52 (29 December 1980), pp. 18–21.Google Scholar
76. FBIS, Daily Report: PRC, 29 December 1980, p. L11.
77. Ibid.. 19 December 1980, p. L2.
78. Ibid.. 22 December 1980, p. L6.
79. The Rule of Law in a Free Society: A Report on the International Congress of Jurists, New Delhi, India, 1979 (Geneva: International Commission of Jurists, 1959), p. 249.Google Scholar
80. Leng, Justice in Communist China, pp. 164–65; Cohen, The Criminal Process, pp. 49–50; Luo Ping, Hongqi, No. 9,1979 (see footnote 46, above), pp. 71–72.
81. Leng, Justice in Communist China, pp. 63, 165.
82. Chen Guangzhong, “ The principle of presumption of innocence should be critically assimilated,” Faxue yanjiu, No. 4, 1980, pp. 34–36; Liao Zengyun, “ View on the principle of presumption of innocence,” Ibid.. No. 5,1980, pp. 32–34.
83. Bingxin, Wang, “ Exploration on the principle of presumption of innocence,” Xinan zhengfa xueyan xuebao (Journal of the South-west Institute of Politics and Law), No. 1, 1979, pp. 10–15;Google Scholar Zhao Hong and Dou Jixiang, “ Comprehension on the principle of presumption of innocence,” Faxue yanjiu, No. 3, 1979, pp. 47–48; Wang Xiaohua and Ma Qingguo, “ Arguing for the ‘ presumption of innocence ’,” Ibid.. No. 1, 1980, pp. 63–64.
84. Lectures on the Criminal Procedural Law (see footnote 4, above), p. 55; Wang Zhaosheng and Wei Ruoping, “ A view on the principle of presumption of innocence,” Faxue yanjiu, No. 2, 1979, pp. 47–48; Zhang Zipei, “ Analysis of the principle of ‘ presumption of innocence ‘,” Ibid.. No. 3, 1980, pp. 30–33; Yu Zhi, “ Presumption of innocence cannot serve as a guiding concept in criminal procedure,” Minzhu yu fazhi, No. 3,1980, pp. 20–21.
85. Zhang Zipei, Faxue yanjiu. No. 3, 1980, p. 32; Yi Xiaozhong, “ The Principle of ‘ presumption of innocence ’ is poles apart from our country' regulations on arrest and detention,” Ibid.. No. 1,1980, p. 63.
86. See e.g. Yang Guanda, “ A concrete analysis should be made of the ‘ presumption of innocence ‘,” Ibid.. pp. 63, 28.
87. FBIS, Daily Report: PRC, 20 November 1980, p. L2; also RMRB, 22 November 1980, p. 4.
88. Article 4 of both the 1954 Law and the 1979 Law. For reference to the two legal texts, see footnote 18, above.
89. Leng, Justice in Communist China, pp. 61–63, 98–101; Cohen, The Criminal Process, pp. 483–506.
90. Liao Junchang, “ Independent adjudication and approval of cases by the Secretary,” Xinan zhengfa xueyuan xuebao (footnote 83, above), No. 1, 1979, pp. 6–9.
91. Ibid.. pp. 7–9; Special Group Assisting the Handling of Cases from the South-west Institute of Politics and Law, “ Looking at some problems existing in judicial work from the practice of handling cases,” Xinan zhengfa xueyuan xuebao. No. 1, 1979, pp. 26–27; Chiu Min and Wang Liming, “ Strengthen Party leadership; adjudicate independently according to the law,” Minzhu yu fazhi, No. 2, 1979, p. 13.
92. Yu Haocheng, “ Party Committees should not continue examining and approving cases,” Beijing ribao, 23 January 1981, p. 3.
93. RMRB, 25 August 1980, p. 1.
94. Liu Guangming, “ The people' courts administer justice independently,” Faxue yanjiu. No. 3, 1979, pp. 31–32.
95. Chen Shouyi, “ A review of new China' research in law during the past thirty years,” Ibid.. No. 1, 1980, p. 6.
96. Chang Gong, “ A fine statute on the people' judicature,” Ibid.. No. 4, 1979, pp. 35–36.
97. Peng Zhen, “ Several questions on the socialist legal system,” Hongqi, No. 11, 1979, p. 7.
98. XHNA, 15 September 1980. For similar complaints on the legal system by other deputies, see RMRB, 16 September 1980, p. 3 and 18 September 1980, p. 3.
99. “ Strengthen theoretical study, promote institutional reform: Excerpts from comments from the Theoreticians Forum held in the national capital, 1,” GMRB, 10 October 1980, p. 2.
100. Yu Haocheng, “ Party committees should not continue examining and approving cases,” Beijing ribao, 23 January 1981, p. 3. The first example Yu cited apparently refers to an episode that occurred in Fuding county of Fujian Province. Ji Zhili, secretary of the county Party committee, came into conflict with Zhou Zongshuang, chief procurator of the county, over the disposal of a case. Ji asked Zhou, “ Which is superior, the law or the Party committee secretary?” and had Zhou dismissed on the pretext of his “ resistance to Party leadership.” This was reported in Beijing' Zhongguo fazhi bao (Chinese Law Weekly) and also in Hong Kong' Cheng Ming, No. 35 (September 1980), p. 87. Because of the wide publicity given to the incident, Zhou has since been reinstated as chief procurator and Ji has been under investigation. For a comment on this episode, see Ma Rongjie “ Which is superior, the ‘official ’ or the Law?” RMRB, 29 July 1980, p. 5.
101. Beijing Review, Vol. 22, No. 9 (2 March 1979), p. 3; FBIS, Daily Report: PRC, 23 September 1980 (Supplement), p. 44.Google Scholar
102. “ Strange injustice of Taihang,” GMRB. 20 September 1980, p. 3; RMRB, 21 September 1980, p. 3.
103. Minzhu yu fazhi. No. 6, 1980, pp. 24–25.
104. Ibid.. No. 3,1980, p. 25.
105. Leng, “ The role of law in the PRC “ (see footnote 4, above), p. 365.
106. Ibid.. pp. 363–65; Cohen, “ Reflections on the criminal process,” note 32, above, pp. 335–37; Political Imprisonment in the PRC, pp. 7–13.
107. Beijing Review, Vol. 22, No. 4 (26 January 1979), p. 8.Google Scholar
108. Gong, Chang, “ A fine statute on the people' judicature,” Faxue yanjiu, No. 4, 1979, p. 36.Google Scholar
109. Luo Ping, “ The principle of measuring penalties in China' criminal law,” Hongqi, No. 9, 1979, p. 75. A similar stand is taken in He Bingsong, “ On the democratic principle of our country' criminal law,” Faxue yanjiu, No. 4, 1980, p. 26.
110. Peng Zhen, “ Several questions on the socialist legal system: Hongqi, No. 11, 1979, p. 5.
111. Jianying, Ye, “ Closing Address,” Main Documents of the Second Session of the Fifth National People' Congress of the People' Republic of China (Beijing: Foreign Languages Press, 1979), pp. 225–26.Google Scholar
112. Yuan Xiaofan, “ On the equality of the application of law,” Faxue yanjiu, No. 2, 1980, p. 26.
113. Pan Nianzhi and Qi Naikuan, “ On ‘ Everyone is equal before the law ’,” GMRB, 9 February 1980, p. 3.
114. Cui Min, “ How should we interpret ‘ Everyone is equal before the law ’?,” RMRB, 24 July 1979, p. 3.
115. FBIS, Daily Report: PRC, 2 July 1980, p. L6.
116. For this case, Beijing ribao on 9 August carried a commentator' article entitled “ A warning for those cadres’ children and younger brothers who violate the law and commit crimes,” RMRB, 9 August 1980, p. 4. See also “ High officials' sons punished,” Beijing Review, Vol. 23, No. 35 (1 September 1980), pp. 7–8.Google Scholar
117. XHNA, 2 September 1980: “ Oil-rig accident sternly dealt with,” Beijing Review, Vol. 23, No. 36 (8 September 1980), pp. 7–8.Google Scholar
118. FBIS, Daily Report: PRC, 4 September 1980, p. L23.
119. RMRB, 26 January 1981, pp. 1,4.
120. “ Advance in the direction of strengthening socialist democracy and the legal system,” Hongqi, No. 3, 1981, p. 15.
121. The delay in the court' sentencing of the radicals, for instance, was reported to have been caused by the split of the Chinese leadership over the fate of Jiang Qing, and the final judgments were said to have been a compromise approved by the CCP' Politburo. See “ China' leaders said to be split on the sentencing of Jiang Qing,” New York Times, 11 January 1981, p. 7 and James P. Sterba, “ Former Chinese leaders given long prison terms,” Ibid.. 26 January 1981, p. Al.
122. Li Mingfa, “ The Chinese leadership' dispute over the sentencing of Jiang Qing,” Cheng Ming, No. 40, 1981, p. 23.
123. See remarks made by Deputy Yang from Jiangxi and Deputy Zhang from Sichuan in RMRB, 18 September 1980, p. 3.
124. Leng, Justice in Communist China, pp. 151–53; Cohen, The Criminal Process, pp. 556–63.
125. This stipulation is interpreted as important to the removal of defendants’ fear of appealing and to the protection of innocent people against unjust and wrong verdicts. Tao Mao and Li Baoyue, “ The principle of ‘ Not increasing sentences on appeal ’ should not be negated,” Minzhu yu fazhi, No. 2, 1980, pp. 25–26.
126. FBIS, Daily Report: PRC, 23 September 1980 (Supplement), p. 42.
127. Lectures on the Criminal Procedural Law (see note 45, above), p. 118.
128. See note 126.
129. “ Continue to reverse unjust and erroneous verdicts based on false charges,” GMRB, 28 June 1979, p. 1.
130. This provision is described as a design to simplify procedures and to reduce the work load of the Supreme People' Court. The decision on this arrangement was first made by the Supreme People' Court in 1958 and is now confirmed by this Article. Lectures on the Criminal Procedural Law, p. 112.
131. See Zhao Canbi, “ Strengthen the concept of the legal system and act according to the law,” Hongqi, No. 8, 1979, pp. 42–43; Ge Ping and Wang Honggu, “ On capital punishment,” Faxue yanjiu, No. 1, pp. 29–32, 44; Chen Yiyun and Kong Qingyun, “ On capital punishment,” RMRB, 25 February 1980, p. 3.
132. The provision concerning under-age youths and pregnant women is in Article 44 of the Criminal Law. Article 154 of the Law of Criminal Procedure also provides that execution will be stayed if the condemned is found to be pregnant and the case will be submitted to the Supreme People' Court for resentencing according to law.
133. Jay Mathews, “ Plagued by crime, Chinese increase use of the executions,” The Washington Post, 5 August 1980, p. A13.
134. Ibid.. This case was well publicized in China. For the Chinese account, see “ Embezzler sentenced to death,” Beijing Review, Vol. 22, No. 45 (9 November 1979), p. 7.Google Scholar
135. FBIS, Daily Report: PRC, 6 December 1979, pp. L9–10.
136. Lectures on the Criminal Procedural Law, p. 108; Cohen, The Criminal Process, pp. 541–42.
137. RMRB, 11 June 1981, p. 1.
138. For the NPC Standing Committee' resolution ratifying the State Council' “ Supplementary Regulation Concerning Re-education and Rehabilitation Through Labour,” see RMRB, 30 November 1979, p. 1. The text of the original decision of August 1957 is in FGHP, Vol. 6, pp. 243–44.
139. Bryan Johnson, “ China dissidents fall through cracks in new legal code,” Christian Science Monitor, 18 June 1980, p. 4; Jay Mathews, “ China revives labor camp system,” The Washington Post, 1 June 1980, p. Al; Fox Butterfield, “ Hundreds of thousands toil in Chinese labor camps,” New York Times, 3 January 1981, pp. 1,4.
140. Bomb explosions in Beijing and Shanghai were interpreted by Chinese police as counter-revolutionary activities. For reactions to the explosion in the Beijing Railway Station, see Commentator, “ Resolutely strike at criminal elements,” RMRB, 11 November 1980, p. 1. For Agence France Presse reports on the possibility of a clampdown j in the face of growing social unrest, see FBIS,Daily Report: PRC, 3 March 1981, p. Rl and 4 March 1981, p. L8.
141. For instance, several writers in their communications to Minzhu yu fazhi (Democracy and the Legal System) agree that to maintain the dignity of the law, it should never again be dictated by the “ requirements of circumstances ” or be “ blown in the direction of the wind,’’ Minzhu yu fazhi. No. 2, 1980, p. 38 and No. 1, 1980, p. 48.
142. “ Party discipline should not replace state law,” Jiefang ribao (Liberation Daily), 7 October 1980, p. 3.
143. RMRB, 4 October 1980, p. 3.
144. Jiefang ribao, 7 October 1980, p. 2; Chiu Min, “ Insist that lawbreakers must be punished,” RMRB, 3 October 1980, p. 5; Wu Yaohui, “ Stress on mandatory punishment for all lawbreakers,” Minzhu yu fazhi, No. 2, 1981, p. 24.
