China's Criminal Procedure Law, which was newly amended earlier this year to highlight human rights protection, will take effect on January 1, 2013.

Following the previous revision 16 years ago, the newly-amended law include the phrase "respecting and protecting human rights" in its first chapter and contains numerous detailed articles aimed to ensure the benefits of suspects and the justice of law enforcement work.

The law stipulates that a suspect should be informed of the right to appoint an attorney from the first instance he or she is interrogated by investigating organs or is subject to mandatory measures, altering the old version which stated that a suspect could only have a defense counsel when the case is handed over to prosecutors.

Meanwhile, law enforcement entities should ensure that lawyers meet their clients within 48 hours of receiving a request to do so, and the lawyers have the right to understand main facts pertaining to the suspect or defendant's crimes and provide legal consultation.

Lawyers' meeting with their suspects or defendants should not be monitored or recorded, said the law.

Jiang Bixin, Vice President of the Supreme People's Court (SPC), said the newly-amended law urged various courts to uphold the value of a formal procedure when handling a case, providing equal protections for people on the bright side of the law and those on the other side.

"A defendant may have really committed a crime, but unbiased treatment and full protection of their rights might still awake their conscience," Jiang said.

After the law was amended in March this year, the SPC, the Supreme People's Procuratorate and the Ministry of Public Security all have released even more detailed rules to guide their inferior departments' work in line with the spirit.

"By strictly following the amended criminal procedure law, police departments will shift its focus from 'cracking cases by seizing suspects' to 'solving cases based on evidence,'" said Sun Maoli, head of the legal system bureau under the ministry.

In the revised law, it is written that no one should be forced to prove their own guiltiness, together with provisions on how to rule out evidence collected through illegal means.

It also offers protection for minors by stipulating that the criminal records of those receiving jail terms of below five years for crimes committed when they haven't reached 18 years old should be kept inaccessible to any groups or individuals -- expect for the use of judicial organs in handling a case.

Along with the Criminal Procedure Law, the Civil Procedure Law that was newly amended to further streamline the way civil disputes are dealt with and promote social stability and harmony will also take effect on January 1 next year.

According to the amendment, agencies or organizations determined by law can bring litigation against those whose acts undermine public welfare by polluting or infringing on consumers' interests -- an addition many experts believe signals a major step forward in creating a public interest litigation system in China.

In a move to curb malicious lawsuits, the law allows third parties to appeal court decisions if they have evidence that the court's verdict, ruling or mediation has violated their rights and interests.

In addition, the revised law gives grassroots courts permission to make a final judgment for first instance trials concerning civil claims for an amount of money equivalent to or below 30 percent of the average annual salary in the province where the case takes place.

(Xinhua News Agency December 30, 2012)