102
W. ALLYN RICKETT
Judicial Conference was held for the primary purpose of regulating local courts and local court-affiliated organizations such as neighbourhood mediation and factory-based comrade adjudication committees.
By the end of 1953, the Chinese Communists announced that the period of reconstruction was coming to an end, the "New Democratic" phase of the revolution was complete, and it was time to start the building of socialism. In September 1954, a new constitution was promulgated which established a new government under a National People's Congress (NPC) and provided the basis for a judicial system, which in administering justice, was supposed to be independent, subject only to law. There was a standard list of rights for citizens including freedom of speech, freedom of assembly, and freedom of the press. Although this did not prevent a repressive campaign against intellectuals and the arrest of the writer Hu Feng in 1955, in general the 1954 Constitution set the stage for what was to be the most constructive period for legal development in China during the first 30 years of the People's Republic. Provision was made for a Ministry of Justice responsible for the general administration of justice and the training of judicial cadres, and for a procuratorate which was to review recommendations from public security offices concerning the arrest of suspected criminals, and which would also prosecute cases before the court. The procuratorate was also charged with ensuring that the activities of government complied with the law, and investigating and prosecuting serious crimes committed by state officials. Malfeasance involving officials was also investigated by a Ministry of Supervision, an organ which was later eliminated. However, the investigation of Party members was the prerogative of Party control commissions.
"The Organic Law of the People's Courts," adopted by the NPC at the same time as the Constitution, spelled out in more detail some of the basic provisions of the Constitution, providing, for example, that in "adjudicating cases the people's courts shall apply the law equally to all citizens irrespective of their nationality, race, sex, occupation, social origin, religious belief, educational standard, property status, and length of residence." It also stated that cases "shall be heard in public unless otherwise provided for
102
W. ALLYN RICKETT
Judicial Conference was held for the primary purpose of regulating local courts and local court-affiliated organizations such as neigh- bourhood mediation and factory-based comrade adjudication committees.
By the end of 1953, the Chinese Communists announced that the period of reconstruction was coming to an end, the "New Democratic" phase of the revolution was complete, and it was time to start the building of socialism. In September 1954, a new constitution was promulgated which established a new government under a National People's Congress (NPC) and provided the basis for a judicial system, which in administering justice, was supposed to be independent, subject only to law. There was a standard list of rights for citizens including freedom of speech, freedom of assembly, and freedom of the press. Although this did not prevent a repressive campaign against intellectuals and the arrest of the writer Hu Feng in 1955, in general the 1954 Constitution set the stage for what was to be the most constructive period for legal development in China during the first 30 years of the People's Republic. Provision was made for a Ministry of Justice responsible for the general administration of justice and the training of judicial cadres, and for a procuratorate which was to review recommendations from public security offices concerning the arrest of suspected criminals, and which would also prosecute cases before the court. The procuratorate was also charged with ensuring that the activities of government complied with the law, and investigating and prosecuting serious crimes committed by state officials. Malfea- sance involving officials was also investigated by a Ministry of Supervision, an organ which was later eliminated. However, the investigation of Party members was the prerogative of Party control commissions.
"The Organic Law of the People's Courts," adopted by the NPC at the same time as the Constitution, spelled out in more detail some of the basic provisions of the Constitution, providing, for example, that in "adjudicating cases the people's courts shall apply the law equally to all citizens irrespective of their nationality, race, sex, occupation, social origin, religious belief, educational standard, property status, and length of residence." It also stated that cases "shall be heard in public unless otherwise provided for
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