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   Preface
 I. Current Situation of Energy Development
 II. Strategy and Goals of Energy Development
 III. All-round Promotion of Energy Conservation
 IV. Improving the Energy Supply Capacity
 V. Accelerating the Progress of Energy Technologies
 VI. Coordinating Energy and Environment Development
 VII. Deepening Energy System Reform
 VIII. Strengthening International Cooperation in the Field of Energy
 Conclusion
 Preface
 I. An Inevitable Choice in China's Social Development
 II. A Basic Political System for China
 III. Major Manifestations of Socialist Democracy
 IV. Political Consultation in the Multi-party Cooperation System
 V. Multi-party Cooperation System and Building of State Power
 VI. Multi-party Cooperation System and the Chinese People's Political Consultative Conference
 VII. Multi-party Cooperation System and Modernization
 Conclusion
 Appendix. A Brief Introduction to China's Democratic Parties and Personages Without Party Affiliation
 Appendix: Basic Facts About the 155 Ethnic Autonomous Areas
 Foreword
 Chapter I The Security Situation
 Chapter II National Defense Policy
 Chapter III Revolution in Military Affairs with Chinese Characteristics
 Chapter IV Defense Expenditure and Defense Assets
 Chapter V The Military Service System
 Chapter VI National Defense Mobilization and Reserve Force Building
 Chapter VII Science, Technology and Industry for National Defense
 Chapter VIII The Armed Forces and the People
 Chapter IX International Security Cooperation
 Chapter X Arms Control, Disarmament and Non-Proliferation
 Appendix I Members of the CMC of the CPC
 Appendix II Leaders of the Four Headquarters/Departments of the PLA
 Appendix III Major Military Exchanges with Other Countries (2003-2004)
 Appendix IV Participation in Security Consultations (2003-2004)
 Appendix V Joint Exercises with Foreign Armed Forces (2003-2004)
 Appendix VI Participation in UN Peacekeeping Operations
 Appendix VII Major Military Regulations Promulgated Since 2003
 Foreword
 I. The Present Situation of Mineral Resources and Their Exploration and Exploitation
 II. Targets and Principles for Mineral Resources Protection and Rational Utilization
 III. Increasing the Domestic Capability of Mineral Resources Supply
 IV. Widening the Opening of, and Cooperation in, Mineral Resources Exploration and Exploitation
 V. Achieving the Coordinated Development of Mineral Resources Exploitation and Environmental Protection
 VI. Improving the Management of Mineral Resources
 Foreword
 I. The Status Quo of the "Three Direct Links" Across the Straits and the Problems to Be Solved
 II. Realization of the "Three Direct Links"
 III. The Mainland's Basic Stand and Policies on the "Three Direct Links"
 IV. Explanations on Some Questions Related to the "Three Direct Links"
 Conclusion
 Foreword
 I. China's Basic Stand on Non-Proliferation
 II. Actively Participating in International Non-Proliferation Efforts
 III. Non-Proliferation Export Control System
 IV. Concrete Measures for Non-Proliferation Export Control
 V. Strictly Implementing the Laws and Regulations on Non-Proliferation Export Control
 Conclusion
 Foreword
 Part One: Status and Role of the European Union
 Part Two: China's EU Policy
 Part Three: Strengthen China-EU Cooperation in All Fields
 I. The Political Aspect
 II. The Economic Aspect
 III. The Education, Science-Technology, Culture, Health and other Aspects
 IV. The Social, Judicial and Administrative Aspects
 V. The Military Aspect
 Foreword
 I. The Security Situation
 II. National Defense Policy
 III. The Armed Forces
 IV. National Defense Building
 V. Armed Forces Building
 VI. International Security Cooperation
 VII. Arms Control and Disarmament
 Appendix I Main Military Laws and Regulations Issued Since 2000
 Appendix II Major Military Exchanges with Other Countries in 2001-2002
 Appendix III Participation in Security Consultations in 2001-2002
 Appendix IV Participation in UN Peace-keeping Operations
 Appendix V Chinese Armed Forces’ Participation Since 2000 in Assisting Japan in Handling the Chemical Weapons Abandoned by Japan in China
 Introduction
 I. Aims and Principles
 II. Present Situation
 III. Future Development
 IV. International Cooperation
 Foreword
 I. The Security Situation
 II. National Defense Policy
 III. National Defense Construction
 IV. Armed Forces Building
 V. International Security Cooperation
 VI. Arms Control and Disarmament
 Foreword
 I. The International Security Situation
 II. National Defense Policy
 III. National Defense Construction
 IV. International Security Cooperation
 V. Arms Control and Disarmament
 Foreword
 I. Sustainable Marine Development Strategy
 II. Rational Development and Utilization of Marine Resources
 III. The Protection and Preservationof the Marine Environment
 IV. The Development of Oceanographic Science, Technology and Education
 V. The Implementation of ComprehensiveMarine Management
 VI. International Cooperation in Maritime Affairs
 I.Soaring Trade Between Chinaand the United States
 II.Statistical Difference in Sino-USTrade Balance
 III.Statistics Based on Rules of Origin CannotsAccurately Reflect the Situation of Sino-US Trade Balance
 IV.US Export Control Against China-- a Major Obstacle for Bilateral Trade Balance
 V.Sino-US Economic and Trade Co-operationShows Vast Vistas
 Foreword
 I. Promoting Peace and Developmentfor All Mankind
  II. Military Personnel Reducedby One Million
 III. Maintaining a Low Level ofDefence Spending
 IV. Peaceful Uses for MilitaryIndustrial Technologies
 V. Strict Control over the Transferof Sensitive Materials andMilitary Equipment
 VI. Actively Promoting International Arms Control and Disarmament
 Concluding Remarks
 III. Judicial Guarantee for Human Rights
 Foreword
 Foreword
 III. Judicial Guarantee for Human Rights
 I. People's Rights to Subsistence and Development
 Foreword
 Foreword
 Foreword
 II. Civil and Political Rights
 Foreword
 Concluding Remarks
 Foreword
 .Concluding Remarks
 Foreword
 Foreword
 Conclusion
 Foreword
 Preface
 Foreword
 Foreword
 Preface
 IV. Economic, Social and Cultural Rights
 II. Civil and Political Rights
 Foreword
 Foreword
 Conclusion
 Foreword
 Foreword
 Foreword
 VI. Equal Rights and Special Protection for Ethnic Minorities
 III. Judicial Guarantee for Human Rights
 Foreword
 Preface
 Foreword
 Conclusion
 Foreword
 V. Equal Rights and Special Protection for Ethnic Minorities
 Foreword
 Conclusion
 Preface
 Foreword
 Conclusion
 Foreword
 Foreword
 Conclusion
 Foreword
 Foreword
 Conclusion
 Foreword
 Conclusion
 Preface
 Conclusion
 Conclusion
 Foreword
 Foreword
 Preface
 Preface
 Foreword
 X. Active Participation in International Human Rights Activities
 IX. Guarantee of Human Rights For the Disabled
 VIII. Family Planning and Protection Of Human Rights
 VII. Guarantee of the Rights of The Minority Nationality
 VI. Citizens Enjoy Freedom Of Religious Belief
 V. Guarantee of the Right to Work
 IV. Guarantee of Human Rights In China's Judicial Work
 III. Citizens Enjoy Economic, Cultural and Social Rights
 II. The Chinese People Have Gained Extensive Political Rights
 I. The Right to Subsistence--The Foremost Human Right The Chinese People Long Fight for
 VIII. Employment, Resettlement, Education and Protection for Convicts Who Have Served Their Term and Been Released
 VII. Carrying out the Punishment of Criminals
 VI. Humane Handling of Prisoners in Accordance with the Law
 V. Changing Criminals through Methods of Persuasion
 IV. Legal, Moral, Cultural and Technical Education of Criminals
 III. Reform of Criminals through Labour
 II. Guaranteeing the Rights of Criminals
 I. China's Basic Principles of Criminal Reform
 Part Two XII. Special State Aid for Tibet's Development
 Part Two XI. Protection of Living Environment
 Part Two X. People's Health and Demographic Growth
 Part Two IX. Development of Education and Culture
 Part Two VIII. Freedom of Religious Belief
 Part Two VII. Economic Development and Improvement of Living Standards
 Part Two VI. The People Enjoy Political Rights
 Part Two V. The People Gain Personal Freedom
 Part Two IV. Feudal Serfdom in Old Tibet
 Part One III. The Dalai Clique's Separatist Activities and the Central Government's Policy
 Part One II. Origins of So-Called 'Tibetan Independence'
 Part One I. Ownership of Tibet
 V. Several Questions Involving Taiwan in International Relations
 IV. Relations Across Taiwan Straits: Evolution and Stumbling Blocks
 III. The Chinese Government's Basic Position Regarding Settlement of the Taiwan Question
 II. Origin of the Taiwan Question
 I. Taiwan -- An Inalienable Part of China
 Chapter VIII Active Participation in International Women's Activities
 Chapter VII Organizational Guarantees of the Rights and Interests of Chinese Women
 Chapter VI Equal Status in Marriage and Family Life
 Chapter V Full Advance in Society
 Chapter IV Extensive Participation in Administration Of State and Social Affairs
 Chapter III Equal Rights and Important Role In Economic Sphere
 Chapter II Equal Legal Status
 Chapter I Historic Liberation of Chinese Women
 III. China Has a Complete Law Enforcement System for Intellectual Property Protection
 II. China Has a High-Grade Legal System for Intellectual Property Protection
 I. China's Basic Position Regarding the Protection of Intellectual Property Rights
 VII. The Correct Choice for Human Rights Protection
 VI. Optimization Through Reform and Development
 V. Satisfying the Reproductive Health Needs of People of Child-bearing Age
 IV. Bringing the People to a Common Level of Understanding
 III. Combination of State Guidance with Voluntary Participation by the Masses
 II. A Social Undertaking That Benefits the People
 I. A Strategic Policy That Suits National Conditions
 X. Working Hard to Promote the Healthy Development of International Huma Rights Activities
 IX. Developing the Study of Human Rights and Popularizing the Knowledge of Human Rights
 VIII. Guarantee of the Rights and Interests of the Disabled
 VII. Guarantee of Rights and Interests of Ethnic Minorities
 VI. Protecting the Legitimate Rights and Interests of Women and Children
 V. The Right of Citizens to Education
 IV. The Right to Work of Citizens and the Rights and Interests of Worker.
 III. Judicial Work in Safeguarding Human Rights
 I. People's Right to Existence and Development
 V. China's Welfare Homes for Children
 IV. Protection of Disabled Children
 III. Education for Children
 II. Children's Health and Care
 I. Guarantee of Children's Rights and Interests
 VII. Taking Vigorous Action to Promote International Cooperation in Environmental Protection
 VI. Environmental Science and Technology, and Environmental Publicity and Education
 V. Protection of the Ecological Environment and Biodiversity
 IV. Territorial Control and Rural Environmental Protection
 III. The Prevention and Control of Industrial Pollution and the Comprehensive Improvement of the Urban Environment
 II. Improving the Legal and Administrative Systems Step by Step
 I. The Choice of Implementing a Sustainable Development Strategy
 VII. Deepening Structural Reform and Creating a Favorable Policy Environment for Grain Production and Circulation
 VI. Comprehensively Developing, Utilizing and Protecting Land Resources for the Sustainable Development of Agriculture
 V. Developing Agriculture by Relying on Science, Technology and Education and Changing the Grain Increase Method
 IV. Striving to Improve Production Conditions to Increase the Comprehensive Grain Production Ability
 III. China Can Basically Achieve Self-Sufficiency in Grain Through Self-Reliance
 II. Prospects for China's Consumption Demand for Grain
 I. New China Has Solved the Problem of Feeding Its People
 The Grain Issue in China
 VII. Guarantee of the Rights of Ethnic Minorities
 VI. Legitimate Rights and Interests of Women and Children
 V. Citizens' Rights to Receive Education
 IV. Protection of Workers' Rights
 II. Citizens' Democratic Rights
 V. Protection of the Right to Freedom of Religious Belief for Ethnic Minorities
 IV. Support for Independence and Initiative in Management of Religious Affairs
 III. Judicial and Administrative Guarantees and Supervision of the Freedom of Religious Belief
 II. Legal Protection of the Freedom of Religious Belief
 I. The Present Conditions of Religion in China
 Concluding Remarks
 IV. The Right to Freedom of Religious Belief
 III. The People Enjoy the Rights to Education,Culture and Health Protection
 II. Economic Development and the People's Rights to Existence and Development
 I. Ethnic Regional Autonomy System and the People's Political Rights
 VII. Foreign Exchange and Co - operation in the Field of Human Rights
 VI. Protection of the Rights of Ethnic Groups
 V. Legitimate Rights and Interests of Women and Children
 IV. Citizens' Economic, Social and Cultural Rights
 II. Guarantee of Citizens' Political Rights
 I.People's Rights to Subsistence and development
 Notes:
 V. Preservation and Development of the Cultures of Ethnic Minorities
 IV. Promoting the Common Development of All Ethnic Groups
 III. Regional Autonomy for Ethnic Minorities
 II. Adherence to Equality and Unity Among Ethnic Groups
 I. A United Multi-Ethnic Country
 VI. The Cross-Century Development Prospects for Human Rights in China
 IV. Protection of the Rights of Women and Children
 III. Civil Rights and Political Rights of Citizens Effectively Safeguarded
 II. Great Improvement in the Rights to Subsistence and Development, and Economic, Social and Cultural Rights
 I. A Historic Turning Point in the Progress of Human Rights in China
 VII. The News and Publishing, Broadcasting, Film and Television Industries Are Developing Rapidly
 VI. Popular Education Makes a Historic Leap
 V. Tibetan Studies Are Flourishing, and Tibetan Medicine and Pharmacology Have Taken On a New Lease of Life
 IV. Culture and Art Are Being Inherited and Developed in an All-Round Way
 III.Folk Customs and Freedom of Religious Belief Are Respected and Protected
 II.Cultural Relics and Ancient Books and Records Are Well Preserved and Utilized
 I.The Spoken and Written Tibetan Language Is Widely Studied and Used, and Being Developed
 Note
 VII. Developing International Cooperation in Drug Control
 VI. Raising the Consciousness of the Entire People Against Drugs
 V. Treatment and Rehabilitation
 IV. Exercising Strict Control over the Precursor Chemicals
 III. Cracking Down on Drug-related Crimes
 II. Constantly Strengthening Drug Control Legislation
 I.Sticking to the Position of Strict Drug Control
 IV. Guarantee Measures
 III. Plan of Action
 II. Targets and Principles
 I Current Situation and Prospect
 VII. Actively Carrying Out International Exchanges and Cooperation in the Realm of Human Rights
 V. Protection of Women and Children's Rights
 IV. The Economic, Social and Cultural Rights of Citizens
 II. The Guarantee of Citizens' Political Rights
 I. The Improvement of the People's Rights to Subsistence and Development
 V.The Aid-the-Rural-Poor Program in the Early Period of the 21st Century
 IV.The Aid-the-Poor Program for the Special Groups Among the Impoverished
 III.Major Contents and Channels of the Aid-the-Poor Program
 II.Policy Guarantee for the Aid-the-Poor Program
 I.The Course and Achievements of the Aid-the-Poor Program
 III. The Historical Inevitability of Tibet's Modernization
 II. Tibet's Modernization Achievements
 I. The Rapid Social Development in Tibet
 IV. Development in the Early Period of the 21st Century
 III. The Establishment of a Social Security System
 II. Formation of New Labor Relations
 I.Overall Stability in Employment Situation
 V. The Strategic Choice for Sustainable Development
 IV. Building an Ecology-Friendly Railway Line -- the Qinghai-Tibet Railway
 III. Ecological Improvement and Environmental Protection amid Economic Development
 II. Ecological Improvement and Biodiversity Protection
 I. Progress of the Ecological Improvement and Environmental Protection Work in Tibet
 III. Human Rights in Name, Hegemonism In Reality
 II. Confusing Right and Wrong and Calling Protection An "Abuse" of Human Rights
 I. Distorting Facts to Deceive the World Public Opinion
 VI. Improving the Management of Mineral Resources
 V. Achieving the Coordinated Development of Mineral Resources Exploitation and Environmental Protection
 IV. Widening the Opening of, and Cooperation in, Mineral Resources Exploration and Exploitation
 III. Increasing the Domestic Capability of Mineral Resources Supply
 II. Targets and Principles for Mineral Resources Protection and Rational Utilization
 I. The Present Situation of Mineral Resources and Exploration and Exploitation of the Resources
 VIII. International Exchanges and Cooperation in Human Rights
 VII. The Rights and Interests of the Disabled
 VI. Equal Rights and Special Protection for Ethnic Minorities
 V. The Rights and Interests of Women and Children
 III.Judicial Guarantee for Human Rights
 I. The People's Rights to Subsistence and Development
 VI. Employment Prospects for the Early Part of the 21st Century
 V. Employment of Women, Youth and Disabled People
 IV. Employment of Rural Workforce
 III. Improving the Quality of the Workforce
 II. Proactive Employment Policy
 I. Basic Employment Situation
 V. Regional Ethnic Autonomy Is the Fundamental Guarantee for Tibetan People As Masters of Their Own Affairs
 IV. The Tibetan People Have the Freedom to Inherit and Develop Their Traditional Culture and to Practice Their Religious Belief
 III. The Tibetan People Have Full Decision-making Power in Economic and Social Development
 II. The Tibetan People Enjoy Full Political Right of Autonomy
 I. The Establishment and Development of Regional Ethnic Autonomy in Tibet
 X. Social Security in Rural Areas
 IX. Housing Security
 VIII. Social Relief
 VII. Special Care and Placement
 VI. Social Welfare
 V. Maternity Insurance
 IV. Insurance for Work-related Injuries
 III. Medical Insurance
 II. Unemployment Insurance
 I. Old-age Insurance
 X. Arms Control, Disarmament and Non- Proliferation
 IX. International Security Cooperation
 VIII.The Armed Forces and the People
 VII. Science, Technology and Industry for National Defense
 VI. National Defense Mobilization and Reserve Force Building
 V. The Military Service System
 IV. Defense Expenditure and Defense Assets
 III. Revolution in Military Affairs with Chinese Characteristics
 II. National Defense Policy
 I. The Security Situation
 V. Historical Development of Various Undertakings in Ethnic Autonomous Areas
 IV. The Central Government's Support and Assistance for Ethnic Autonomous Areas
 III. The Right of Self-Government of Ethnic Autonomous Areas
 II. The Political Status of Regional Autonomy for Ethnic Minorities and the Establishment of Ethnic Autonomous Areas
 I. A Unified Multi-Ethnic State, and Regional Autonomy for Ethnic Minorities
 VII. International Exchanges and Cooperation in the Field of Human Rights
 VI. The Rights and Interests of the Disabled
 V. Equal Rights and Special Protection for Ethnic Minorities
 IV. Economic, Social and Cultural Rights
 III. Judicial Guarantee for Human Rights
 II. Civil and Political Rights
 I. People's Rights to Subsistence and Development
 IX. Judicial Protection of Intellectual Property Rights
 VIII. Public Security Organs Act on Criminal Infringement on Intellectual Property Rights
 VII. Customs Protection of Intellectual Property Rights
 VI. Protection of New Varieties of Agricultural and Forestry Plants
 V. Intellectual Property Rights Protection for Audio and Video Products
 IV. Copyright Protection
 III. Trademark Protection
 II. Patent Protection
 I. Basic Situation of the Protection of Intellectual Property Rights
 IX. Legal Guarantees of Women's Rights and Interests
 VIII. Women and the Environment
 VII. Women, Marriage and the Family
 VI. Women and Health
 V. Women and Education
 IV. Women's Participation in Decision Making and Management
 III. Women and Poverty Elimination
 II. Women and the Economy
 I. State Mechanism to Promote Gender Equality and Development of Women
 Annex III: Agreements on Disarmament and Confidence-Building Measures Between China and Relevant Countries
 Annex II: Laws and Regulations of China on Non-Proliferation Export Control
 Annex I: List of Arms Control, Disarmament and Non-Proliferation Treaties That China Has Joined
 VI. Tightening Non-Proliferation Export Control
 V. Actively Participating in International Non-Proliferation Efforts
 IV. Committed to National and Regional Disarmament
 III. Participating in and Promoting International Arms Control and Disarmament Process
 II. China's Basic Policy and Position
 I. International Security and Arms Control Situation
 X. Judicial Democracy
 IX. Government Democracy
 VIII. The Democratic Rule by the Communist Party of China
 VII. Respecting and Safeguarding Human Rights
 VI. Grassroots Democracy in Urban and Rural Areas
 V. The System of Ethnic Regional Autonomy
 IV. The System of Multi-Party Cooperation and Political Consultation Under the Leadership of the CPC
 III. The People's Congress System
 II. The CPC Led the People to Become Masters of the State
 I. A Choice Suited to China's Conditions
 V. Building a Harmonious World of Sustained Peace and Common Prosperity
 IV. Seeking Mutual Benefit and Common Development with Other Countries
 III. Developing by Relying on Its Own Strength, Reform and Innovation
 II. Promoting World Peace and Development with China's Own Growth
 I. Peaceful Development Is the Inevitable Way for China's Modernization
 X. International Cooperation in Environmental Protection
 IX. Environmental Science and Technology, Industry and Public Participation
 VIII. Environmental Impact Assessment
 VII. Economic Policy and Investment Concerning the Environment
 VI. Ecological Protection and Construction
 V. Protection of the Rural Environment
 IV. Protection of the Urban Environment
 III. Pollution Control in Key Regions
 II. Prevention and Control of Industrial Pollution
 I. Environmental Protection Legislation and System
 VII. Safeguarding Elderly People's Legitimate Rights and Interests
 VI. Participation in Social Development
 V. Cultural Education for the Aged
 IV. Social Services for an Ageing Society
 III. Health and Medical Care for the Aged
 II. Old-age Security System
 I. State Mechanism of Undertakings for the Aged
 Foreword
 X. State Support for the Development of Xinjiang
 IX. Establishment, Development and Role of the Xinjiang Production and Construction Corps
 VIII. Upholding Equality and Unity Among Ethnic Groups, and Freedom of Religious Belief
 VII. The People's Living Standard and Quality of Life Have Been Enhanced
 VI. Progress in Education, Science and Technology, Culture and Health Work
 V. The Economic Development of Xinjiang After the Founding of New China
 IV. Origin of the "East Turkistan" Issue
 III. The Administration of Xinjiang by the Successive Central Governments
 II. Diverse Religions Coexist and Spread in Xinjiang
 I. Xinjiang Has Been a Multi-ethnic Region Since Ancient Times
 Conclusion
 V. International Exchanges and Cooperation Regarding Food Safety
 IV. Law Regime and Technological Guarantee System for Food Safety
 III. Supervision of Imported and Exported Food
 II. Food Safety Regulatory System and Work
 I. Food Production and Food Quality
 Preface

 
 China A-Z HOME
IV. Guarantee of Human Rights In China's Judicial Work
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The aim and task of China's judicial work is to protect the basic rights, freedoms, and other legal rights and interests of the whole people in accordance with law, protect public property and citizens' lawfully-owned private property, maintain social order, guarantee the smooth progress of the modernization drive, and punish the small number of criminals according to law. All this shows that China attaches great importance to human rights protection in the administration of justice.

China's public security and judicial organs follow the following principles in carrying out their duties: (1) All citizens are equal in regard to the applicability of law. In accordance with the law, each citizen's legal rights and interests shall be protected, and any citizen's offenses against the law and his criminal activities shall be looked into; (2) China's public security and judicial organs shall base themselves on facts and regard the law as the criterion in the conduct of all cases; (3) The procuratorate and the court shall independently exercise their respective procuratorial and judicial authority. They shall only obey the law and not be interfered with by any administrative organ, social organization or person. While dealing with criminal cases, the people's court, the people's procuratorate and the public security organ shall divide their work according to law, cooperate with and moderate one another. They should exercise their authority only within the scope of their own responsibilities and are not allowed to supersede one another. Procuratorial organs shall oversee whether the activities in public security organs, courts, prisons and reform-through-labor institutions are legal. These principles of justice are clearly stipulated in China's law, and they provide the legal guarantee for safeguarding human rights in the state's judicial activities.

In every link of the work of public security and judicial organs and in the judicial procedure, China's law provides definite and strict stipulations to protect and guarantee human rights in an effective way.

1. Detention and Arrest
China's Constitution provides that it is prohibited to take people into custody illegally or to deprive or limit citizens' personal freedom in other illegal ways. Without the permission or decision of the people's procuratorate or the decision of the people's court, and the dispensation of public security organs, no citizen can be arrested. In order to guarantee the proper use of the compulsory measure of arrest and to prevent infringement of the right of innocent people, the Constitution and the law vest procuratorial organs with the authority of investigation and approval before any arrest is made. According to law, public security organs have the authority to detain. If the internee is not convinced by the detention, he may appeal to the public security or procuratorial organs. If suspects detained by public security organs need to be arrested, this should be approved by the people's procuratorate; if the people's procuratorate does not approve the arrests, the public security organs should release them upon receiving notice from people's procuratorates. China's procuratorial organs and people's courts should promptly investigate and deal with cases involving staff members in governmental departments and other citizens depriving or limiting citizens' personal freedom.

China's Law of Criminal Procedure provides specific regulations on the deadline for handling criminal cases. At the same time, special regulations have been formulated on the deadline for major and complicated cases according to actual conditions. The Supplementary Regulations on Deadline in Handling Criminal Cases, issued by the Standing Committee of the National People's Congress in July 1984, provides extension and calculation of the deadline for investigation and detaining, the deadline for the first trial and second trial, and the deadline for supplementary investigation of major and complicated cases.

2. Search and the Obtaining of Evidence
China's Constitution provides that it is prohibited to illegally search a citizen's body, and to illegally search or intrude into citizens' houses. The Law of Criminal Procedure provides that in order to search for criminal evidence and seize criminals, public security organs can search the body, articles, residence and other places concerned of the accused as well as those who may hide criminals or criminal evidence, but should do it strictly according to legal procedure. Procuratorial organs should strictly supervise law enforcement in the investigating activities of public security organs.

As a matter of principle and discipline for China's public security and judicial organs in handling cases, it is strictly prohibited to extort confessions by torture. Whenever a case of violating this principle and discipline occurs, it should be dealt with according to law. In 1990, China's procuratorial organs filed for investigation 472 cases which involved extorting confessions by torture. This has not only protected citizens' personal rights effectively, but also taught law enforcement officials a lesson.

3. Prosecution and Trial
Whether a case should be prosecuted after investigation or exempt from prosecution should be decided by procuratorial organs after overall and careful examination according to legal procedure; this is to ensure the timeliness, accuracy, and legality of a punishment, and at the same time, to prevent innocent citizens from unjust prosecution and prevent citizens' rights from infringement. In 1990, after examining cases to be prosecuted or exempt from prosecution, which were referred to them by investigating organs, the procuratorial organs at various levels in the country decided to exempt 3,507 people from prosecution.

The people's courts carry out a public trial system. Cases should be tried publicly, except those involving state secrets or individual privacy and involving minors, which according to law shall not be heard publicly. The main points of a case, the name of the accused, the time and place of the trial should be announced before the hearing, and visitors should be allowed into the court. During the hearing, all the facts and evidence on which the case on file is based should be investigated and checked in court. All activities in court should be carried out publicly except when the case is being reviewed during court recession. These include issuing the indictment by the public prosecutor, court investigation, questioning witnesses, debate and the final statement by the accused. The verdicts in all cases, including cases of non-public trial in accordance with law, should be pronounced publicly.

During the judicial process the people's court makes it a point to collect the evidence as comprehensively as possible according to legal procedure. With no other evidence except the confession of the accused as a basis, the accused cannot be pronounced guilty or sentenced; without the confession of the accused but with ample and reliable evidence, the accused can be pronounced guilty and sentenced.

The accused has the right to defense. According to the Law of Criminal Procedure, the accused, besides exercising his right to defend himself, can also entrust a lawyer, or close relatives, or other citizens to take up the defense on his behalf. When the public prosecutor institutes a case before the court, if the accused does not entrust his defense to a lawyer, the people's court can appoint one for him. During the trial, the accused has the right to terminate a lawyer's action in his defense and entrust another to take it up. After the people's court decides to hear a case, a duplicate copy of the indictment should be made available to the accused at least seven days before the opening session of the court in order that he may learn what crime or crimes he is being prosecuted for and the reasons why he is being prosecuted, and that he has enough time to prepare his defense and get in touch with his lawyer. During the prosecution, the people's court should strictly comply with the regulations of the Constitution and the Law of Criminal Procedure, and earnestly guarantee the right of the accused to defense.

The accused has the right to appeal to a higher court and the right of petition. In deciding cases the Chinese courts follow the system whereby the court of second instance is the court of last instance. According to law, if a party refuses to accept the judgement and ruling of the first trial, he may appeal to a higher people's court; if he remains unconvinced by the judgement and ruling which are legal in effect, he may petition to people's courts or procuratorial organs. Appealing to a higher court will not increase the punishment.

China's Criminal Law has special regulations on juvenile crime and criminal responsibility. Those who have reached the age of 14 but not of 16 should be responsible for crimes of murder, serious injury, robbery, arson, hardened thievery and other felonies against public order; those who have reached the age of 14 but not of 18 should receive lenient punishment or mitigated punishment if they commit crimes; as for those who are exempt from punishment because they have not reached the age of 16, their parents or guardians should be ordered to subject them to discipline, and if necessary the government can take them away for custody and education.

Lawsuit procedures and judicial activities are strictly supervised as to their legality. In 1990, China's procuratorial organs put forward suggestions for the correction of illegal practice in 3,200 instances, thereby effectively guaranteeing citizens' legal rights and interests in lawsuits and judicial activities.

China, like most countries in the world, maintains capital punishment, but imposes very stringent restrictive regulations on the use of this extreme measure. China's Criminal Law states, "Capital punishment is applied only to criminals who are guilty of the most heinous crimes." It also provides that capital punishment is not applied to criminals who have not reached the age of 18 when they commit crimes or to women who are pregnant when they are on trial. China's Law of Criminal Procedure provides for a special review procedure in cases of capital punishment. That is, the judgement in cases of capital punishment, except for those made by the Supreme People's Court according to law, should be reported to the Supreme People's Court or to a high people's court authorized by it after the second, or final, instance; only after all the facts, evidence, convictions, sentences and trial procedures are comprehensively investigated and checked and approved can the judgement take legal effect. After the examination and approval, if a lower people's court finds that there may be mistakes in a judgement, it should stop enforcement of the punishment and immediately report to a higher people's court with the authority of examination and approval, or to the Supreme People's Court, in order that a ruling may be made by it.

China's law also provides a system allowing a two-year reprieve in carrying out a death sentence. That is, in cases where criminals should receive the death penalty but the sentence need not be carried out at once, capital punishment can be announced with a two-year reprieve and reform through forced labor, in order to observe the offender's behavior. If the offender sincerely repents and mends his ways, after the twoyear reprieve expires, the punishment can be reduced to life imprisonment; if a criminal really repents, mends his ways and performs meritorious services after the two-year suspension expires, his punishment can be reduced to a set term of imprisonment from 15 years to 20 years. Practice has shown that most of the criminals who are given the death penalty with reprieve have had their punishment reduced to life imprisonment or a set term of imprisonment, after expiration of the two-year reprieve. The system of announcing the death sentence with a two-year reprieve and forced labor, as provided in China's Criminal Law, is an original creation in the application of capital punishment. It is an effective system by which strict control is exercised over the use of capital punishment in China.

4. No "Political Prisoners" in China
In China, ideas alone, in the absence of action which violates the criminal law, do not constitute a crime; nobody will be sentenced to punishment merely because he holds dissenting political views. So-called political prisoners do not exist in China. In Chinese Criminal Law "counterrevolutionary crime" refers to crime which endangers state security, i.e., criminal acts which are not only committed with the purpose of overthrowing state power and the socialist system, but which are also listed in Articles 91-102 of the Criminal Law as criminal acts, such as those carried out in conspiring to overthrow the government or splitting the country, those carried out in gathering a crowd in armed rebellion, and espionage activities. These kinds of criminal acts that endanger state security are punishable in any country. In 1980, in handling the case of the Lin Biao and Jiang Qing counterrevolutionary cliques, the special court of the Supreme People's Court strictly implemented this principle by prosecuting members of the cliques according to law for their criminal acts while leaving alone matters concerning the political line.

5. Prison Work and Criminals' Rights
At present there are in all 680 prisons and reform-through-labor institutions in China, holding 1.1 million criminals in detention. The rate of imprisonment is 0.99 per thousand of the total population. Compared with the rate of imprisonment of 4.13 per thousand in one of the Western developed countries according to 1990 statistics of its ministry of justice, China's rate is quite low.

China's prisons and reform-through-labor institutions receive, strictly according to law, criminals sent to them to enforce sentences passed by the courts. If they find the relevant legal documents not complete or the judgement not yet in effect legally, they have the legal right to refuse to take the persons in custody. Prisons and reform-through-labor institutions should notify a prisoner's family members of his whereabouts within three days after taking him into custody. According to China's law, most prisoners are allowed to serve their sentences in the area where they reside to make it convenient for their family members to visit them and for the units where they used to work to help educate them. The allegation that in China some citizens are sent to labor camps without trial or sent away in some form of exile within the country is a distortion of the system whereby prisons and reform-through-labor institutions in China take criminals into custody; it is a groundless fabrication.

In China, the rights of prisoners while serving their sentences are protected by law.

According to China's law, all prisoners, with exception of those who have been legally deprived of their political rights, have the right to vote. Prisoners also have the right to appeal, the right of defense, the right of immunity from insult to their dignity and from infringement of personal security and of legal property, the right of complaint, the right of accusation, and other civic rights which have not been curtailed by the law.

Convicted criminals, while serving their sentences, have the right to contact family members and other relatives regularly by correspondence or visits. If an important event happens in a criminal's family such as critical illness or the death of a directly-related family member, and if it is really necessary for the criminal himself to go back home to handle matters, he can be permitted to go home for a short period of time.

While serving their sentences, prisoners can read newspapers, magazines and books, watch television, listen to the radio, and take part in recreational and sports activities that are beneficial to the body and mind. In prisons and reform-through-labor institutions there are libraries where criminals can go to read. Like ordinary citizens, prisoners who are serving their sentences have the freedom of religious belief. Prisoners with religious beliefs can maintain their beliefs, and allowances are made for the customs and habits of prisoners of minority nationalities.

Prisoners are accorded the material treatment necessary in their daily lives. The state covers their living and medical expenses, and their grain, edible oil and non-staple food rations are set according to the same standards for local residents. All prisons and reform-through-labor institutions are staffed with an appropriate number of doctors; in professional medical institutions, medical facilities and hospital beds are set aside in prisoners' exclusive service; on an average, there are 14.8 hospital beds for every thousand prisoners, and those critically ill are sent to hospitals outside the prison for treatment or, on approval, may seek medical treatment on bail according to law. Prisoners' needs for medical care are guaranteed.

The people's procuratorates provide legal supervision of the protection of criminals' legitimate rights and interests. They send full-time prosecuting attorneys to jails and other places of surveillance to check whether the working and living facilities and conditions and the surveillance work are legitimate, to hear the opinions of those under surveillance, accept and look into their complaints and appeals, and deal with violations of law promptly when discovered.

The prisons and reform-through-labor institutions in China are not designed merely to punish the criminals but to educate them and turn them into law-abiding citizens by organizing them to take part in physical labor, learn legal and ordinary knowledge and master productive skills. Prisoners who have taken educational or technical training courses and passed examinations given by local education or labor departments are given certificates corresponding to their levels of education or technical grades. The validity of such certificates is recognized in society. By the end of 1990, about 720,000 certificates for literacy or diplomas for completing courses up to the college level had been issued to those serving terms in prisons and reform-through-labor institutions; over 510,000 had attended various technical training courses, and 398,000 received certificates of technical qualification. Prisoners thus find it easier to find jobs on release after serving their sentence.

China's law stipulates that prisoners who really show repentance and have rendered meritorious service can, upon rulings of the people's courts, have their sentences commuted or be put on parole. In 1990, 18 percent of the criminals in custody were accorded such treatments.

Thanks to the humanitarian, scientific and civilized management of the prisons and reform-through-labor institutions, the recidivism rate has for many years stood at 6-8 percent. Many prisoners have returned to society and become key members or engineers in their enterprises, and some of them have become model workers or labor heroes. Compared with the situation in one developed country in the West, where, according to 1989 judicial statistics, 41.4 percent of exprisoners returned to jail, China has come a long way in reforming and educating criminals. China's prisons and reform-through-labor institutions have won global acclaim for their achievements in turning the overwhelming majority of criminals, including the last emperor of the feudal Qing Dynasty and war criminals, into law-abiding citizens and qualified personnel helpful to the country's development.

6. Prison Labor
China's law stipulates that all prisoners able to work should take part in physical labor. This is also the practice adopted in many countries worldwide. China's policy of reforming criminals through labor is designed to help those serving prison terms mend their old ways by acquiring the labor habit and fostering a sense of social responsibility, discipline and obedience to the law. This policy enables criminals in custody to stay healthy through a regular working life and avoid feelings of depression and apathy resulting from a prolonged monotonous and idle prison life. It also helps them learn productive skills and knowledge of one kind or another so that they can find a job after being released from prison and avoid committing new crimes because of difficulties in making a living. China's policy of reforming criminals through labor is not simply for the purpose of punishment; it is a humanitarian policy conducive to the reform, and the physical and mental health, of the criminals.

By the Chinese law, criminals work for no more than eight hours a day and take time off during holidays and festivals; they are entitled to the same grain, edible oil, and non-staple food rations and the same labor and health protection as accorded to workers of state-run enterprises engaged in the same type of work; those who overfulfill their production quotas are given bonuses and those holding technical titles at and above the middle grade are entitled to monthly technical allowances and opportunities of on-the-job vocational and technical training.

Prison labor products are mostly used to meet the needs within the prison system, and only a small quantity enters the domestic market through normal channels. The export of prison products is prohibited. China's foreign trade departments, which handle the export of Chinese commodities in a unified way, have never granted foreign trade rights to reform-through-labor institutions.

7. Education through Labor and the Rights of Those Being Educated through Labor
The work of education through labor in China is based on the 1957 Decision on Education through Labor and other regulations adopted by the Standing Committee of the National People's Congress. Education through labor is not a criminal but an administrative punishment. Education-through-labor administrative committees have been set up by the people's governments of various provinces, autonomous regions, municipalities as well as large and medium-sized cities, and the work is under the supervision of the people's procuratorates. It is stipulated that those eligible for education through labor should meet the requirements of relevant laws and regulations. For example, they should be at or above the age of 16 and have upset the public order in a large or medium-sized city but refused to mend their ways despite repeated admonition, or they have committed an offense not serious enough for criminal punishment. The decision to put a person under education-through-labor is made through a strict legal procedure and under a system of legal supervision in order to avoid subjecting the wrong person to the program.

After the education-through-labor administrative committee has according to related regulations made the decision to put a person an education-through-labor program ranging from one to three years, the person and his family members are entitled to be informed about the reasons for the decision and the duration of the program. If the person takes exception to the decision, he may appeal to the administrative committee or lodge a complaint with the people's court according to the Law of Administrative Procedure. If the education-through-labor institution finds that the person does not conform to the qualifications for the education-through-labor program or that he should have been sentenced to criminal punishment, it may report the case to the reeducation-through-labor administrative committee for review.

Those undergoing education through labor are entitled to civic rights prescribed by the Constitution and the law, except that they must comply with the measures taken according to the regulations on education through labor to restrict some of their rights. For instance, they are not deprived of their political rights and have the right to vote according to law; they have the freedom of correspondence and the right to take time off during festivals and holidays; during the period of education through labor they are allowed to meet with their family members, those who are married can live together with their spouses during visits, and they can be granted leave of absence or go home to visit family members during holidays. Those who have acquitted themselves well while being educated may have their term reduced or be released ahead of time. Every year about 50 percent of the people undergoing the education-through-labor program have their term reduced or are released ahead of time.

The education-through-labor institutions follow the policy of educating, persuading and redeeming the offenders, with the emphasis on redeeming. Classes are opened, and instructors assigned, in these institutions to conduct systematic ideological, cultural and technical education. Offenders under the education-through-labor program work no more than six hours every day.

An average of 50,000 people have been brought under the education-through-labor program annually since it was instituted. The overwhelming majority of those who have been reeducated have turned over a new leaf, and many have become valuable participants in building the country. According to surveys conducted over the last few years, only 7 percent of those released from the education-through-labor program have lapsed into offense or crime. The program has done what families, workplaces and schools cannot do: to prevent those who have dabbled in crime from committing further anti-social actions and breaking the law and to turn them into constructive members of society. Both the public and family members of the offenders speak highly of the program for its role in forestalling and reducing crime and maintaining public order.

China's public security and judicial organs have carried out their responsibilities strictly according to law and played an important role in protecting and guaranteeing the citizens' rights and freedoms. That explains why China has long been one of the countries with the lowest incidence of criminal cases and crime rate in the world. In 1990, the incidence of criminal cases and crime rate in China were 2 per thousand and 0.6 per thousand respectively, considerably lower than the figures in some developed Western countries, which ran as high as 60 per thousand and 20 per thousand respectively.

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