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Resolution of the Standing Committee of the Nation
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1980.04.16
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
 RESOLUTION  OF  THE  STANDING COMMITTEE OF THE NATIONAL PEOPLE'S
CONGRESS ON THE PLAN FOR IMPLEMENTING THE CRIMINAL PROCEDURE LAW
 (Adopted at the 14th Meeting of the Standing Committee of the
Fifth National People's Congress on April 16, 1980)
 The Standing Committee of the Fifth National People's Congress has
heard  the  reports  of  the  Supreme  People's  Court,  the
Supreme  People's Procuratorate  and the Ministry of Public Security
on the implementation of the Criminal Procedure Law and on the plan
for its further implementation. The Meeting holds that, since the
Criminal Law and the Criminal Procedure Law of the People's Republic
of China were enacted at the Second Session of the Fifth National
People's  Congress  last  year,  the  people's courts, people's
procuratorates  and public security organs at all levels have been
augmented  and  strengthened by transferring into these organs large
numbers of  cadres;  organs of judicial administration have been
established; cadres have been trained by making them conscientiously
study and give publicity to  the  Criminal  Law and the Criminal
Procedure Law; the verdicts on large numbers of cases involving
unjust,  false  and wrong charges have been reversed, and a great
quantity of long-pending cases has been cleared up; and much has
been  done in terms of material preparations, such as office buildings,
means  of  transport and technical facilities, thus facilitating the
implementation  of the Criminal Law and the Criminal Procedure Law.
Beginning  on  January  1  this  year,  in  addition  to the
nationwide implementation  of the Criminal Law, the Criminal Procedure
Law has begun to be  gradually  implemented in the light of the
specific  conditions  of  the various  localities.  The  Meeting
expresses  its  satisfaction  with the above-mentioned achievements
and approves the plan submitted by the Supreme People's Court, the
Supreme  People's  Procuratorate and the Ministry of Public Security
for the overall implementation in this year of the Criminal Procedure
Law by stages and in groups.
 The  Criminal Law and the Criminal Procedure Law are laws vital
to the improvement  of  the  socialist  legal system of our
country.  Their implementation is of great importance to striking at
the enemy, punishing crimes,  protecting  the people, maintaining
public order, consolidating and developing the political situation of
stability and unity and safeguarding the  socialist modernization.
The  Meeting  maintains  that  the  overall implementation of the
Criminal Procedure Law should, before the end of 1980, be gradually
realized throughout the country, except for a few remote areas with
extremely  poor communications. To this end, much work has still to be
done  in  a  practical  and  systematic way. The people's courts,
people's  procuratorates,  public  security  organs and judicial
administrative  organs  at  all  levels  and  other  departments
concerned  must draw up plans for implementing within this year the
Criminal Procedure Law according to the existing conditions. In the
process of drawing up and executing the plans, close attention must be
paid to the following questions:
 (1)  The people's courts, people's procuratorates and public security
organs at  all levels must, in pursuance of the Decision of the 13th
Meeting of the Standing Committee of the National People's Congress
on the Implementation of the Criminal Procedure Law, draw up plans for
gradually implementing the provisions  of  the Criminal Procedure
Law concerning the time limits for investigation, prosecution and
trials of first and second instances.
 (2)  The  public security organs shall act in accordance with the
provisions of  the  Criminal  Procedure Law concerning detention,
arrest, investigation and preliminary examination.
 (3)  The people's procuratorates shall approve arrests, initiate
prosecution  and  send  its  personnel  to the court to support
prosecution in accordance with  the  provisions  of  the Criminal
Procedure Law. They shall strengthen their  supervision over the
enforcement  of court decisions and orders in regard to criminal
cases  and to see that the activities of the prisons, detention houses
and reform-through-labour organs conform to the law.
 (4)  In hearing cases, the people's courts shall, pursuant to the
provisions of  the  Criminal  Procedure Law, apply the system of
people's assessors taking  part in trials, of collegial panel and of
defence. All trials shall be  conducted in public except for cases
that are not t

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