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W. ALLYN RICKETT
advisory offices were established in most cities throughout the country. The year 1979 also witnessed the beginnings of a major nationwide campaign to publicize the new laws and explain the rights and obligations of citizens contained therein. An impressive number of legal publications have appeared, including an increasing number of law journals. Numerous delegations of Chinese lawyers have visited abroad, and a number of Chinese students have been sent abroad to study Western law.
The new system, with some minor changes, harks back to that instituted in 1954. The Ministry of Justice is responsible for the general administration of justice and the training of judicial cadres. The court system is composed of the Supreme People's Court, Higher People's Courts, Intermediate People's Courts, and Basic People's Courts. There are also special courts: military, railway transport, water transport, forestry, as well as special branch courts dealing with economic affairs. There is a two-trial (one appeal) system, and trials are open unless they involve state secrets, matters of personal shame such as rape, or juveniles. As in the 1950s, judges, except in minor civil and criminal cases or where otherwise specified by law, are assisted by elected lay assessors, who are members of the trial court and enjoy equal rights with its judges when the judges perform their duties in court. Court presidents are elected by people's congresses at various levels while judges are appointed by the standing committees of these congresses. Courts are no longer accountable to local governments, but only to the people's congress of their constituency. The Supreme Court has been given an expanded role over its 1954 predecessor. While only the Standing Committee of the NPC has the authority to interpret the Constitution and other laws, the Supreme Court can give explanations on questions concerning the specific application of laws and decrees in judicial procedure. It also must rule on all death sentences.12
The right of defense is spelled out in the Criminal Code of Procedure, which provides that the accused may either defend himself or request the assistance of a relative or guardian, a member of his unit, people's organization, or other citizens approved by the court, or a lawyer. Lawyers function under provisions contained in Articles 28 and 29 of the Criminal Code of Procedure and "The Provisional Regulations Governing the
110
W. ALLYN RICKETT
advisory offices were established in most cities throughout the country. The year 1979 also witnessed the beginnings of a major nationwide campaign to publicize the new laws and explain the rights and obligations of citizens contained therein. An impressive number of legal publications have appeared, including an in- creasing number of law journals. Numerous delegations of Chinese lawyers have visited abroad, and a number of Chinese students have been sent abroad to study Western law.
The new system, with some minor changes, harks back to that instituted in 1954. The Ministry of Justice is responsible for the general administration of justice and the training of judicial cadres. The court system is composed of the Supreme People's Court, Higher People's Courts. Intermediate People's Courts. and Basic People's Courts. There are also special courts: military, railway transport, water transport, forestry, as well as special branch courts dealing with economic affairs. There is a two-trial (one appeal) system, and trials are open unless they involve state secrets, matters of personal shame such as rape, or juveniles. As in the 1950s, judges, except in minor civil and criminal cases or where otherwise specified by law, are assisted by elected lay assessors, who are members of the trial court and enjoy equal rights with its judges when the judges perform their duties in court. Court presidents are elected by people's congresses at various levels while judges are appointed by the standing com- mittees of these congresses. Courts are no longer accountable to local governments, but only to the people's congress of their constituency. The Supreme Court has been given an expanded role over its 1954 predecessor. While only the Standing Com- mittee of the NPC has the authority to interpret the Constitution and other laws, the Supreme Court can give explanations on questions concerning the specific application of laws and decrees in judicial procedure. It also must rule on all death sentences.12
The right of defense is spelled out in the Criminal Code of Procedure, which provides that the accused may either defend himself or request the assistance of a relative or guardian, a member of his unit, people's organization, or other citizens approved by the court, or a lawyer. Lawyers function under provisions contained in Articles 28 and 29 of the Criminal Code of Procedure and "The Provisional Regulations Governing the
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