Legal System
The government’s efforts to promote rule of law are significant and ongoing. After the Cultural Revolution, China’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 rule of law under which even party leaders are theoretically held accountable.
Since 1979, when the drive to establish a functioning legal system began, more than 300 laws and regulations, most of them in the economic area, have been promulgated. The use of mediation committees-informed groups of citizens who resolve about 90% of China’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, although many persons are still incarcerated for that crime. Criminal procedures reforms also encouraged establishment of a more transparent, adversarial trial process. The Chinese constitution and laws provide for fundamental human rights, including due process, but these are often ignored in practice. In addition to other judicial reforms, the Constitution was amended in 2004 to include the protection of individual human rights and legally-obtained private property, but it is unclear how those provisions will be implemented.