RESTRICTED
136612
MDLIAN 2055 ·
DISREGARD OF ITS HISTORY AND NATIONAL CONDITIONS, NOR CAN IT BE EVALUATED ACCORDING TO A PRECONCEIVED MODEL OR THE CONDITIONS OF ANOTHER COUNTRY OR REGION''. CHAPTER ONE STATES THAT THE RIGHT OF SUBSISTENCE IS THE MOST IMPORTANT OF ALL HUMAN RIGHTS, WITHOUT WHICH OTHER RIGHTS ARE NOT POSSIBLE. IT GIVES AN ACCOUNT
OF THE HISTORICAL DEPRIVATIONS VISITED UPON THE CHINESE PEOPLE BY
IMPERIALIST POWERS AND PRE-1949 REGIMES AND THE IMPROVEMENT IN
WELFARE UNDER THE P R C.
5. CHAPTER 2 DESCRIBES THE POLITICAL RIGHTS ENJOYED BY THE PEOPLE, DRAWING HEAVILY ON FORMAL CONSTITUTIONAL POSITIONS. IT SAYS THAT DEPUTIES TO PEOPLE'S CONGRESSES ARE ELECTED ON THE BASIS OF THEIR CONTRIBUTIONS TO THE COUNTRY, RATHER THAN THROUGH MANIPULATION BY MONEY, BOASTING AND EMPTY PROMISES. (AT A PRESS CONFERENCE FOR CHINESE JOURNALISTS ZHU MUZHI, DIRECTOR OF THE INFORMATION OFFICE OF THE STATE COUNCIL, REFUTED AS ONE-SIDED'' THE VIEW THAT POLITICAL RIGHTS COULD BE EQUATED
WITH THE RIGHT TO VOTE, THUS ILLUSTRATING THE OFFICIAL ATTITUDE TOWARDS THE DEMOCRATIC PROCESS). THE CCP'S LEADERSHIP IS THE
CHOICE OF THE PEOPLE. IT SAYS THAT CITIZENS ENJOY FREEDOMS OF SPEECH, THE PRESS, ASSEMBLY, ASSOCIATION, PROCESSION AND DEMONSTRATION, BUT DOES NOT ADDRESS FOREIGN CRITICISM OF THE WAY THESE ARE PERMITTED IN PRACTICE. CHAPTER 3 DEALS WITH ECONOMIC, CULTURAL AND SOCIAL RIGHTS, MAKING THE USUAL POINTS ABOUT IMPROVEMENTS IN MATERIAL WELFARE AND EDUCATION ETC. IT UNDERLINES
THE NARROWNESS OF THE INCOME GAP IN CHINA.
6. CHAPTER 4 ON THE JUDICIAL SYSTEM HAS SECTIONS ON DETENTION AND ARREST: SEARCH AND OBTAINING EVIDENCE: PROSECUTION AND TRIAL: POLITICAL PRISONERS: PRISON WORK AND CRIMINAL'S RIGHTS: PRISON LABOUR: AND EDUCATION THROUGH LABOUR. IT DRAWS HEAVILY ON THE CONSTITUTION AND CRIMINAL PROCEDURE LAW. IT CLAIMS, FOR EXAMPLE, THAT TRIALS ARE PUBLIC (EXCEPT THOSE INVOLVING STATE SECRETS, INDIVIDUAL PRIVACY OR MINORS), THAT THE ACCUSED HAS A RIGHT TO DEFENCE AND THAT CAPITAL PUNISHMENT IS APPLIED ONLY TO CRIMINALS GUILTY OF THE ''MOST HEINOUS'' CRIMES. IT ALSO CLAIMS THAT THERE ARE NO POLITICAL PRISONERS IN CHINA: ''NOBODY WILL BE SENTENCED TO PUNISHMENT MERELY BECAUSE HE HOLDS DISSENTING POLITICAL VIEWS''. COUNTER-REVOLUTIONARY CRIMES ARE THOSE WHICH ENDANGER STATE SECURITY AND ARE PUNISHABLE IN ALL COUNTRIES. FOREIGN CRITICISMS OF CHINESE PRACTICES IN THESE AREAS ARE NOT ADDRESSED. IT DOES REFUTE THE ALLEGATION THAT CITIZENS ARE SENT TO LABOUR CAMPS OR OTHER FORMS OF EXILE WITHOUT TRIAL. HOWEVER, IT ALSO SAYS THAT EDUCATION THROUGH LABOUR IS AN ADMINISTRATIVE
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