During the first half of this century, China had no formal legal system. In 1949, when the Communists took over the country under Mao Zedong, China imported many of the institutions of the socialist legal system that had been developed in the Soviet Union. During the Cultural Revolution of 1965 to 1975, the country completely abandoned any type of legal system and closed all law schools.1
In 1978, following Mao's death, the law schools were reopened. In 1976, China had a handful of practicing lawyers. Ten years later, there were 25,000 working lawyers in China.2 Legal reconstruction began after the Third People's Congress, which subsequently adopted a new Constitution. The Chinese Constitution states that it has supreme legal authority.3
The Chinese Constitution provides that the National People's Congress and its Standing Committee supervise the enforcement of the Constitution. The Standing Committee of the National People's Congress exercises the function and power of interpreting the Constitution.4
The Chinese have attempted to create a modern legal system within the past twelve years and to approve laws that will stimulate economic growth. The 1978 Constitution restored the
judicial elements and in 1982, a Provisional Law of Civil
In a court trial, judges question the parties and witnesses and act in much the same way as American lawyers do. After all the evidence has been introduced and testimony heard, the judge articulates how the matter can be resolved peacefully. "The 'all or nothing' decision characteristics of the common law is unknown in China."6
Article 50 of the 1982 Civil Procedure Law provides:
The parties to a lawsuit, legal representative or agent ad litem may appoint one or two persons to represent them in legal proceedings. An agent may entrust a close relative, lawyer, citizen recommended by a people's organization or . . . anyone approved by the People's Court to represent him ...