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Since 1979, the National People's Congress and its Standing Committee have promulgated 315 laws and decisions concerning legal issues; the State Council has formulated over 800 administrative regulations and ordinances; and local people's congresses and their standing committees have adopted more than 6, 000 local laws and regulations. A relatively systematic legal establishment now provides fundamental legal guarantees for various aspects of the social life and human rights of citizens.
China cracks down on criminal offences in accordance with the law, and guarantees the safety of the livelihood and property of its citizens, as well as various other aspects of human rights.
Public security and judicial departments have consistently cracked down on serious violent crimes such as homicides, robberies, rape and the illegal use of explosives.
People's courts across China handled some 480, 000 cases of the first instance and sentenced more than 530, 000 criminals in 1998.
In addition to investigating and punishing crimes and protecting the rights of victims according to the law, judicial departments have also paid close attention to safeguarding the legal rights of defendants and criminal suspects in terms of legal aid, defense, applications for withdrawal of judicial personnel, appeals, charges against infringements of legal rights and obtaining compensation.
Various courts in the past year concluded 1,431 cases of state compensation in strict accordance with the State Indemnity Law and ensured the legitimate rights and interests of Chinese citizens.
China has rigorously enforced the letter of the law and strengthened human rights protection efforts in every aspect of law enforcement.
Courts and procuratorates nationwide launched and intensified the education movement last year in an effort to combat judicial corruption, and ensure justice and the legitimate rights and interests of litigants.
The initiative of law enforcement departments to act in accordance with the law has been comprehensively enhanced, a number of misjudged cases have been corrected, and violations of the law and discipline on the part of judicial personnel have been seriously investigated and corrected. Rules and the overall system for rigorous enforcement of the law in a civil manner have been adopted, as well as a mechanism providing checks and balances on the judiciary established.
Statistics indicate that last year courts across the country re-examined 4.56 million closed cases, with misjudgments cited for some 12,000 cases. Over 11,600 have been corrected. A total of 2,512 legal or disciplinary violations on the part of judges and court officials were dealt with during 1998, with some 221 officials prosecuted.
Procuratorial departments re-examined 477,000 cases and rectified 3,773 mishandled cases in 1998. Related departments granted compensation for 161 litigants involved in mishandled cases. Related departments redressed excessive periods of detention for 729 criminal suspects.
A total of 1,641 prosecutors suspected of violations of law and breaches of disciplines were investigated. Some 1,550 have been settled, with 116 people prosecuted.
In 1998, courts at all levels extended great efforts to promote open trial and intensify social and media supervision over court proceedings. Open trials were conducted in all first instance cases, with an exception when the law defines it as inappropriate for a public hearing. In terms of second instance cases, courts adopted open trials and related verdicts or rulings were announced publicly.
Trials of various major cases were televised or broadcast live. The general public has voiced total support for 11 higher people's courts and 58 intermediate courts which have permitted televised cases.
The Supreme People's Court issued its Regulations on Strictly Enforcing the Open Trial System in March 1999. The regulations contain stringent standards for the scope of trials open to the public. The regulations specifically stipulate that all proceedings and aspects of trial-related activities must be open to the public. They also provide for relevant mechanisms which guarantee implementation of the open trial system.
Procuratorial departments have accelerated efforts to supervise law enforcement and have focused on problems involving lawsuits, including failures to file criminal cases and charges against individuals suspected of criminal offences and various forms of judiciary injustice.
In 1998, procuratorates issued 71,000 corrected opinions on excessive detention periods for criminal suspects, and 9,964 corrected opinions on illegal detentions by police. Procurators challenged 3,791 criminal judgments which they deemed to be incorrect, and issued corrected opinions concerning 1,211 cases involving irregularities in the judicial process, as well as 9,672 cases involving irregularities by relevant departments in terms of commutations, paroles, temporary decisions allowing individuals to serve sentences outside prison under surveillance, and prisoners released on bail for medical treatment.
Procuratorates fulfilled their supervisory role in civil and administrative cases by focusing on civil, economic and administrative judgments, as well as wrongful rulings. Related departments examined 26,158 appeals and challenged court verdicts for 8,438 cases.
In addition to handling crimes related to official duties, procuratorates investigated and prosecuted 7,067 judicial and law enforcement administrative personnel involved in 5,811 cases of bribery and abuse of power. They also handled 1,467 criminal cases related to illegal custody, forced confessions, retaliation or frame - ups in an effort to protect the legitimate rights of the citizens according to the law.
China's contingent of lawyers has grown rapidly, and has emerged as a major force that safeguards the legitimate rights and interest of the citizens.
The number of law firms jumped from 79 in 1979 to 8,600 at the end of 1998. In the same period, the number of lawyers soared from a mere 212 to more than 100,000.
By the end of March 1999, 79 foreign law firms (including 27 from the United States had opened offices in China.
Chinese lawyers handled over 2 million criminal, 1.21 million civil and 1.5 million economic lawsuits, as well as 2.06 million legal investigation cases between 1993 and 1997. Chinese lawyers currently serve as consultants for 250,000 government institutions and enterprises.
The national legal aid system is playing an ever-increasing role in improving the country's legal system, protecting the rights and interests of the citizens and ensuring that justice is served.
The establishment of the Legal Aid Foundation of China and Legal Aid Centre under the Ministry of Justice in May 1997 marked a substantial step in the nation's effort to establish and implement the legal aid system.
In 1998, more than 500 legal aid institutions nationwide handled over 80,000 legal aid cases, offered legal consultations to guarantee that Chinese citizens facing economic difficulties can protect their rights and interests on an equal footing. |