JUDICIAL PROCEDURE

8 April 1934

[Text] By Order of the Central Executive Committee of the Chinese Soviet Republic No 5

This is a proclamation of the promulgated judicial procedure of the Chinese Soviet Republic, 8 April 1934

Mao Tse-tung, chairman

Hsiang Ying, Chang Kuo-t’ao, vice chairmen

In the situation of a civil war, the soviet courts, political security bureaus, committee for the suppression of counterrevolutionaries and other organs should adopt speedily resolute and correct methods to suppress counterrevolutionaries and guarantee the victory of the revolutionary people, and consolidate the soviet regime. The following judicial procedures have, therefore, been specially set forth:

1.	The special agent of the area Security Bureau, the area Procurator’s Court, the area Committee for the Suppression of Counterrevolutionaries (that is under the Revolutionary Committee of the new soviet areas), the People’s Police, Labor Courts all have the authority to arrest counterrevolutionaries and others who should be apprehended. The law prohibiting the area from arresting a person without permission from higher levels should be abolished, and it is also set forth that when there is an emergency, the township and city soviets and the rural and urban revolutionary committees have the authority to arrest counterrevolutionaries and other important criminals provided they have received the support of the local revolutionary masses. After apprehension they are to be handed over to counterrevolutionary suppression organizations of the area level.

2.	The Procurator’s Court and the Committee for the Suppression of Counterrevolutionaries of the soviet area have the authority to bring to trial and sentence all local criminals (counterrevolutionaries and others as well).

At times of emergency mobilizations (such as the land inspection movement, the expansion of the Red Army and launching surprise attacks), the Procurator Departments of the area, the area Committee for the Suppression of Counterrevolutionaries, with the support of the revolutionary people, have the right to apprehend criminals such as gentry and landlords in the new border areas, areas where the enemy is carrying out its offensives and, in areas where counterrevolution is especially active, have them executed immediately after they have been tried. After the sentence has been carried out, however, it must be reported to higher echelons for handling.

3.	The procurator departments of the county and provincial levels, the Committee for the Suppression of Counterrevolutionaries, the preliminary level and higher courts of the military all have the authority to apprehend, bring to trial and sentence, as well as carrying out the sentencing (including the death sentence) of all criminals.

4.	The state’s bureaus of political security at various levels have the authority to pre-try all cases concerning counterrevolution. They are to be handed over to the courts for handling afterward. The security bureaus of the border areas and of the Red Army at the fronts have the authority to take direct action against enemy spying, fascist imperialists, armed groups of bandits and counterrevolutionary landlords and gentry without going through the courts. Emergency action may be taken by the State Political Security Bureau and its local bureaus, the branch bureau of the Red Army and the military zone in serious and urgent cases of counterrevolution. If disputes arise between the local government and military and political leaders or other organizations after action was taken, the decision to decide the correctness or error of the action rests with the People’s Committee and with the provincial presidium in areas which are not connected with the Central Soviet area.

5.	The system of approval from higher levels is abolished and the system of reporting to higher echelons will be carried out instead. Criminals are permitted to appeal if they are not satisfied with the sentence meted out. The period of appeal available will be 7 days at a maximum, beginning from the day the document of judgment is handed over to the defendant (verbal explanations must be given to illiterates).

In areas under enemy attack and under other emergency situations, the right to appeal may be refused in cases of counterrevolution or landlords and gentry who have committed crimes.

6.	It is hereby resolved that the soviet courts will function on a two-level system of preliminary hearings and final trials. If preliminary hearings are held by the area, the county will carry out the final trial. When the county is the one that carries out the preliminary hearings, the final trial will be held at the provincial level. If the military courts happen to be the organs holding the preliminary hearings, then the final trial will be held by the Supreme Court. In the structure of trial functions the Supreme

Court is the final organization. All cases cannot be appealed after proceeding through these two trials and sentence passed. But, should the procurator feel that there are points of disagreement after going through the two trials, he can protest against a judicial organization and have the case retried.

7.	Except for those organizations so named in this functional system, no other organizations will have the authority to apprehend, bring to trial and pass judgment on any criminals. Only emergency situations are the exceptions.

8.	The judicial procedures set forth in the provisional procedures of military courts published on 1 February 1932, the provisional trial procedures and organizations of courts, published on 9 June 1932 and Ordinance No 6 rescinded by the Central Executive Committee on 16 December 1931 are herewith rescinded.

--- Notes

*Dictionary of Soviet Laws, Vol 2. Department of the People’s Committee on Judicial Procedures (Moscow), July 1934.


**Compilation of the Red Bandit Reactionary Documents, 1935.