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lawyers two months training in "New Democracy" and placing them under Communist cadres.
When the People's Political Consultative Conference, organized by the victorious Chinese Communist Party, issued its "Common Programme" formally establishing the People's Republic in September 1949, it also adopted an Organic Law of the Central People's Government, Article 5 of this document provided for a Supreme People's Court and Supreme People's Procuratorate, but no action was taken on the establishment of a system of lower courts until September 1951. In fact, during this period, civil and criminal courts left over from the Kuomintang period continued to function alongside military, revolutionary, and people's tribunals. Article 17 of the Common Programme had done away with the six codes of the Kuomintang, but new laws were published in rapid order, some 3,452 of them by September of 1954, including major laws dealing with land reform, marriage, the punishment of counter-revolutionaries and corruption. However, no systematic codes were issued and there were many gaps in areas which lawmakers in most societies would consider of prime importance, including such crimes as homicide. When appropriate laws and regulations were lacking, judges were supposed to use the general policies of Mao's "New Democracy." Such ambiguity naturally led to great inconsistency in judgments, and judges were forced to make wide use of analogy even to the point of secretly basing their decisions on Kuomintang legal precedent.
In the autumn of 1952 a National Judicial Conference was called to launch a reform of the courts. By the time the movement came to an end in April 1953, many former Kuomintang officials had been removed from the judicial system, but the problem of judicial decision making continued to persist. A Chinese Political Science and Law Association was established in the spring of 1953 which in May of the following year began publishing its national legal journal, Zhengfa yanjiu [Researches in Political Science and Law]. At the same time, a special legal publishing house was established and began producing annual collections of laws. Several law schools or institutes for training judicial cadres were also opened. Finally a second National
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101
lawyers two months training in "New Democracy" and placing them under Communist cadres.
When the People's Political Consultative Conference, or- ganized by the victorious Chinese Communist Party, issued its "Common Programme" formally establishing the People's Re- public in September 1949, it also adopted an Organic Law of the Central People's Government, Article 5 of this document provided for a Supreme People's Court and Supreme People's Procuratorate, but no action was taken on the establishment of a system of lower courts until September 1951. In fact, during this period, civil and criminal courts left over from the Kuomin- tang period continued to function alongside military, revolutionary, and people's tribunals. Article 17 of the Common Programme had done away with the six codes of the Kuomintang, but new laws were published in rapid order, some 3,452 of them by September of 1954, including major laws dealing with land reform, marriage, the punishment of counter-revolutionaries and corruption. How- ever, no systematic codes were issued and there were many gaps in areas which lawmakers in most societies would consider of prime importance, including such crimes as homicide. When appropriate laws and regulations were lacking, judges were supposed to use the general policies of Mao's "New Democracy." Such ambiguity naturally led to great inconsistency in judgments, and judges were forced to make wide use of analogy even to the point of secretly basing their decisions on Kuomintang legal precedent.
In the autumn of 1952 a National Judicial Conference was called to launch a reform of the courts. By the time the move- ment came to an end in April 1953, many former Kuomintang officials had been removed from the judicial system, but the problem of judicial decision making continued to persist. A Chinese Political Science and Law Association was established in the spring of 1953 which in May of the following year began publishing its national legal journal, Zhengfa yanjiu [Researches in Political Science and Law]. At the same time, a special legal publishing house was established and began producing annual collections of laws. Several law schools or institutes for training judicial cadres were also opened. Finally a second National
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