Practice Relating to Rule 100. Fair Trial Guarantees
Section K. Public proceedings
China’s Criminal Procedure Law (1979), as amended in 1996, states: “Cases in the People’s Courts shall be heard in public, unless otherwise provided by this Law”.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states: “All cases in the people’s courts shall be heard in public, except for the ones involving State secrets, individual privacy and the crimes committed by minors”.
China’s Constitution (1982), as amended in 2004, states: “Except in special circumstances as specified by law, all cases in the people’s courts are heard in public”.
In 2005, in a white paper on “China’s Progress in Human Rights in 2004”, China stated:
The trial system with Chinese characteristics has been further improved. Courts at all levels have further carried out the principle of open trial, striving to realize openness in filing for investigation, court hearing, conclusion of trial, and judgment documents and process of enforcement in the hope to promote justice with openness. Observance of trials by the general public has been facilitated with bulletins before trials and simplified procedures for attending trials. Over 50 million citizens observed trials in 2004.