Maoism and the People's Courts

Abstract

The system of people's courts in Communist China is an element of total political-legal organ of state which also includes people's procuratorate and state public security agencies. Collectively, this network performs a range of political and legal functions such as surveillance, intelligence, policing, and administration of justice. The authority establishing people's court system is found in article VI, sections 73-80, of constitution of People's Republic of China, and structure and functions are set down in Organic Law of People's Courts. People's courts exist at all levels of government in China, from Supreme People's Court down to basic level people's courts. The president of each people's court is elected by people's deputies at appropriate level people's congress and may be dismissed by them. The judges of each court are appointed and dismissed by administrative organ of appropriate people's congress.' Under article VI, section 80, of constitution, the Supreme People's Court is responsible and accountable to National People's Congress, or when NPC is not in session, to its Standing Committee. Local people's courts are responsible and accountable to local people's congresses at corresponding levels. This paper deals with role and functions of system of people's courts in Communist China. Its thesis is simple: that courts represent placing of politics in command-the application of Maoist ideology to an organizational structure. The primary sources are articles from len Min Jih Pao and provincial people's dailies, as translated and reported in Survey of China Mainland Press.