The Central Committee of the CCP about firm assurance of criminal law and criminal procedure law, to implement the instructions

In [1979]64

(1979Years9Month9Day)

 

The provinces, city, autonomous region Party committee, the provincial military region, army, Army Party committee, the central ministries and commissions and state organs of the party, the party, the headquarters of the Central Military Commission, the services and arms and the party, the people's organizations of party:

 

Seven important law two session of the five National People's Congress unanimously adopted by the criminal law, criminal procedure law, the enthusiastic support of the people of all ethnic groups. Now we are most concerned about, is whether we can implement these laws. In the seven important laws, is closely related to the vital interests of criminal law, criminal procedure law and National People's daily, whether they are strictly enforced, is an important sign to measure whether our country socialist rule of law, and therefore more for the masses pay close attention to. Party committees at all levels, the party's cadre of leaders of all levels and all Party members, should fully understand, this is a big problem, directly related to the party and the national prestige. Only truly according to the law, the law, strict law enforcement, violators are prosecuted, in order to safeguard the people's normal work, production, life, and consolidate and develop the political situation of stability and unity, be lively and vivid; can effectively play the superiority of China's socialist system, to further consolidate the dictatorship of the proletariat; can maximally mobilize all positive factors, concentration hundreds of millions of people's wisdom and strength, for the construction of socialist modernization smoothly.

 

Smashing of the "Gang of four", especially the eleven party 3 in since plenary meeting, we strengthen the socialist democracy and legal system, has done a lot of work, created many favorable conditions. However, left over from the old society, the feudal bureaucracy, privilege thought, paternalism has serious. Our party since the founding of new China, due to establish and improve the socialist legal system has no value, negative legal, despise law, government, to a statement on behalf of the law, the law, in many comrades who have become accustomed to; that the law not essential, the law be bound hands and feet, policy is the law, the policy can not legal thought, quite popular in the party cadres. Lin Biao, the "Gang of four" implementation of the ultra left route, crazy undermine democracy and the rule of law "is far from clear, factionalism, anarchism is still in many places and damage situation, more should be taken seriously. If we do not resolve these problems, the national law is difficult to implement, our party will lose the trust of the people.

 

The two session of the five National People's Congress of the criminal law and the criminal procedure law, is of great significance to strengthen the socialist legal system. We will ensure the smooth implementation of the central of the two law and related issues, as indicated below.

 

A, strictly in accordance with the criminal law and the criminal procedure law, and resolutely to change and correct all violations of criminal law and criminal procedure law, the wrong ideas and practice.

 

The task of criminal law, the penalty is used with all counter revolutionaries and other criminal acts struggle. The task of criminal procedural law, is to ensure accurate, timely find out the facts of the crime, the correct application of the law, and actively struggle against criminal acts. In the future, the judicial organs and the public security organs at all levels should be under the leadership of the party, handle affairs strictly in accordance with the two law, correctly use legal weapon, protect people, against the enemy, punish criminals, guarantee the smooth progress of the socialist modernization drive.

 

Problem handling criminal judicial organs at all levels, must take the facts as the basis, take the law as the criterion, a concrete analysis, accurate measurement of penalty. Special attention should be paid to strictly distinguish and handle the problem of crime or non crime; crime and non crime boundary time is not clear, most probably it did not actually happen not to hastily convicted. In the same all counter revolutionary crimes and crimes of endangering the society the struggle, must strictly distinguish and correctly handle the contradictions between ourselves and the enemy and the contradictions among the people; change the past in some of our comrades had the sort of all crimes and sentenced persons, all as contradictions between ourselves and the enemy, at treatment of wrong ideas and practice.Whether the person accused the social and political status, the social composition and political history of what is different, regardless of whether or not the accused crime belongs to the contradictions between ourselves and the enemy, must be equal in law application, which is the principle of equality before the law. To any state organ or individual is prohibited the public prosecutor, beyond the law, a mortgagee, kangaroo courts, search the raid, the legitimate rights and interests of restriction of freedom of person and the violation of people's. Does not allow for various reasons, the public security, procuratorial organs legal limits of instruction in violation of the provisions of the criminal law and criminal procedure law, judicial procedure, indiscriminate catching scratch; or deviation from the law, any decision, increase or reduction of penalty. Is strictly prohibited to the public prosecutor, judicial organs to insult personality, corporal punishment, torture to extract confessions and other illegal means to deal with illegal crime personnel or detention, arrest, detention officers. The law for personnel, whether deprived of their political rights, is deprived of a part or all of the long time, deprivation, also respectively, for different treatment. As for the take off, rich, anti -, bad hat, is already belongs to the people, should ensure that they enjoy the democratic rights of the people.

 

Dealing with violations of discipline, government discipline and other discipline problems, must be strictly in accordance with the relevant regulations, shall not violate the criminal law, it cannot be confused with the crime. The highest party disciplinary measure, can only be expelled from the party. The Communist is the advanced element, their political consciousness, political performance and other conditions are generally higher than the masses. So, some party although due to various reasons was expelled from the party, but still illegal crime person, should also be in accordance with the legal provisions and judicial procedure. Party members in accordance with the party constitution, the party's line, principles, policies are discussed, put forward opinions; the Party Central and local Party organizations at all levels and their leaders thought, work style and supervise, criticism, is the normal state of Inner Party democracy. Party members in this speech, action if there are errors, should be criticized, but not take revenge. Not considered anti party, anti socialist, is guilty of "vicious attack" and "counter revolutionary" sin sin. For similar problems in the non party people, also treated in this spirit. Party and government leaders at all levels, irrespective of position, power, are not allowed to speak on behalf of the law, the personal opinion as the law, forcing others to perform. If this happens, any person has the right to be resisted, expose and accuse accusation.

 

Two, strengthening Party leadership in the judicial work, and ensure the judicial organ to exercise the powers of the Constitution and the law.

 

In the future, strengthening Party leadership in judicial work, the most important one, is to ensure the implementation of the law, give full play to the role of judicial organs, and ensure the people's procuratorates exercise procuratorial power independently, the people's courts exercise judicial power independently, so that no other administrative organs, organizations or individuals. The laws of the state is a party leading the development of the leadership of the party, the judicial organ is established, anyone who does not respect the law and judicial authority, the first is the damage to the party's leadership and the party's prestige.The Party committee and the judicial organs have the task, cannot replace each other, should not be confused with each other. Therefore, central government has decided to cancel the party committees at all levels and the case system.At or above the county level cadres and celebrities and other criminal cases, except for a few special major must to superiors who, by the location of the independence of the judiciary shall hear. The judicial organ shall make a decision and ruled, the relevant units and individuals must be resolutely implemented; if not, we should appeal to the judicial process, by the relevant judicial authorities responsible for acceptance. The public security organs at all levels must firmly subordinate to the leadership of the party, but in the implementation of the legal responsibilities, must strictly abide by the law, both of which no contradiction, assumed the leadership of the party can violate the law idea is extremely wrong, must be resolutely rectified.

 

The Party leadership over the judicial work, mainly is the guidelines, policies.Party committees at all levels must resolutely changed in the past, the government, in a statement on behalf of the law, do not act in accordance with the provisions of the law, customs and practices of all judicial administrative affairs. Should say: that customs and practices of the past, is produced in our socialist legal system is not perfect, in that case, there are many things also do wrong, in Lin Biao, the "Gang of four" many of the practice is more fundamental undermined the socialist legal system. Now the country has made the criminal law, criminal procedure law and a series of important laws, to the customs and practices of the past is not allowed. Party committees at all levels should focus on the following aspects to strengthen the judicial work of leadership:1.Always know, study the judicial work, party organization to guide the judicial organs of certain period, the social situation and other relevant conditions, determine the key emphasis in work, solve practical problems.2.Inspection, supervision and judicial organsTo carry out the policies and laws of the State Party's situation, and help them to sum up experience, improve the style of work, carry on achievement, correct the error, and resolutely fight against illegal and criminal acts.3.Carefully selected, equipped with judicial cadres. Strengthen the management of education for Party members and cadres in the judiciary, constantly improve their ideological, policy and operational levels.

 

Party organizations and Party members and cadres at all levels of the judiciary, to take the initiative to the Party committee at the same level to report for work, and give full play to the initiative, enthusiasm and creativity of the work. To honor those selfless, upright, proficient in business of judicial personnel. For the use of terms, interference and influence of cadre illegal work of judicial organs, the judicial personnel dereliction of duty, power, to play favouritism and commit irregularities, take bribes and bend the law, must be in accordance with the law strictly out.

 

Three, the rapid strengthening judicial institutions at all levels, strive to build a strong judicial work team.

 

Central to the central organization department jointly with the judicial organs and the State Development Committee, according to the needs of the new situation and tasks, as soon as possible, establish judicial institutions at all levels and to strengthen the concrete scheme of judicial cadres, in a planned, step by step from the party and government organs, army system and sectors of the economy, from a large number of idea is good, style positive, healthy body, have a certain policy and cultural level of the cadres, after the necessary training, assigned to the Department of justice. Did the judicial work to learn and judicial professional, including teaching, research staff, conduct a census, thoroughly, who still suitable for the judicial work, should be mobilized to return.

 

For this year, the province, ground, county judicial authority leadership, adjust and enrich the necessary. The three level of Public Security Department(Bureau)Long, the president of the court and the procurator general, should from the Party committee has equivalent conditions of the cadres, selection of appropriate comrades. To the court, the procuratorate institution perfection. To adjust and enrich the judicial organs at all levels of leadership at the same time, the existing judicial cadres to carry out the necessary rectification.

 

The State Council has established the Department of justice, in addition to the competent judicial administrative work, take training judicial cadres unified catch up. The public security police and the training of professionals, is responsible by the public security department. In the past the revocation of the law department and law, public security colleges should resume as soon as possible. Conditional liberal arts university should set up a professional legal system or law. The provinces, city, autonomous region according to the need, and gradually build all kinds of political institutions and judicial, police school, organized various forms of training, training all kinds of talents, training the existing judicial, public security cadres.

 

In order to remain at or above the county level public prosecutor, judicial organs leading cadres of the relative stability,Recovery by the public prosecutor, method bodies to assist local Party committee management, appraisal of cadres.The local Party committees of the public prosecutor, law department leading Party cadres should be the deployment, the public prosecutor, the legislature agreed.

 

Four, extensive, in-depth publicity laws, ready for the formal implementation of the criminal law and the criminal procedure law.

 

To use the various promotional tools, used to be lively and vivid way, extensive, in-depth to the party members, cadres and the masses of publicity laws, strengthen legal education. Each big, in primary school, according to different circumstances, legal education for students. All levels of Party and various cadre school, to study law in the teaching plan. All the staff at all levels of the public prosecutor, judicial organs(Including the police, prisons and reform through labour work personnel)All content must first master the criminal law, the criminal procedure law. For the majority of the masses, the criminal law and criminal procedure law as the focus of publicity and education, the main contents of the two law gradually to make known to every family, win support among the people. To make you know the legal protection is what, what is against, what is the law, what is illegal, and improve the compliance and maintain awareness of law.

 

Party organizations at all levels and the judiciary, to continue to carry out the spirit of the Third Plenary Session of the spirit, seek truth from facts, Mistakes must be corrected whenever discovered principles, conscientiously implement the party's policy, to clean up the problem and correction of miscarriages of justice work. In the past used do not conform to the criminal law, criminal procedure law provisions, should be resolutely corrected. Regulations of various regulations of criminal law, the current criminal procedure law does not meet the requirements, should be amended. The detainees have no prosecution and trial, must be based on the provisions of the criminal procedure law program quickly to the prosecution and trial, the evidence is insufficient to make appropriate treatment should be timely in accordance with the law. In short, to be positive for the criminal law, criminal procedure law in one nine eightOYear January 1st formally implemented ready.

 

Five, Party organizations at all levels and all Party members, cadres, should take the lead in compliance with the law.

Our law is under the leadership of the party, in a wide range of democracy on the basis, formulated by the highest organ of state power, it reflects the people's will and interests, but also reflects the party's policies and ideas, with great authority. Therefore, from the Central Committee of the party to the grass-roots organizations, from the CPC Central Committee and chairman to each party member, must do. Must adhere to the principle of equality before the law, will never allow a special citizens are not legally binding, will not be allowed to be above the law of privilege. All Party members, especially leading cadres at all levels of the party, must study the law, understand the law, take the lead in compliance with the law.

 

Most of our Party cadres are good and better. But there are a few cadres, especially some leading cadres, and their relatives, there is a privilege thought, like make specialization, even no party discipline and state laws, the use of terms, engage in malpractices for selfish ends, the suppression of democracy, take revenge, the old rotten officialdom style and Feng Jianya door bad habit into the party and the state organs, serious erosion of the body of the party, damage the relations between the party and the masses, damage the dignity of the socialist legal system in our country. The Party Central Committee believes, it is necessary to all the comrades in the party to sound the alarm bell, resolutely stop all this unhealthy tendencies. For those incorrigible, serious irregularities, no matter how high the past now status, credit much, should give disciplinary sanctions; for violation of the criminal law, which constitutes a crime, must be dealt with according to law, must not be allowed to shield, connive.

 

To enforce the law and carry out the party's line, principles, policies are consistent. In the future, the party organizations at all levels to decisions and instructions, must be conducive to the implementation of the law, not inconsistent with the law. If some certain laws have not meet the development of the situation, should be modified through legal procedures.

 

Party committees at all levels received the order, should be combined with the actual, serious discussion, implementation. What are the important events and problems in execution. Wang timely reporting of central government.

 

 

The Central Committee of the Communist Party

 September 9, 1979

 

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