104 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol.39 and the procuracy.These actors hold considerable power over the work of individual judges within each court.54 Theoretical Underpinnings of the P.R.C.Adjudication Supervision Several modern-day theoretical principles underlie adjudication supervision in China.First,according to Chinese scholars,the power of adjudication supervision springs from an individual's con- stitutional right to petition for redress of grievances.55 This consti- tutional right to petition for redress of grievances (to "shensu") takes several forms.56 Shensu may be a complaint by a citizen di- rected to any state or party organ to contest the validity of an offi- cial act,or a complaint against a judicial organ for rendering an unlawful judgment or for violating trial procedures in rendering a judgment.57 A petition or "shensu"filed in court challenges a final judgment and activates the procedure for adjudication supervision.58 Second,the ability of citizens to petition for adjudication super- vision reflect Mao's theory of mass supervision of justice and law,59 which has been incorporated into Article 27 of the P.R.C.Constitu- tion.60 The "mass line"approach is based on a belief that the au- 54.What this means in terms of the individual judicial decision-making is the fo- cus of Part IV of this article. 55.Article 41 of the Chinese Constitution provides that "citizens have the right to make to relevant state organs complaints or charges against,or exposures of,any state organ or functionary for violation of the law or dereliction of duty."1982 Con- stitution,ch.I,art.41.To many Chinese,the fear of the chaotic Cultural Revolu- tion,urges the unfettered maintenance of this constitutional right.See Ruan Shiping "A Discussion of Several Questions Regarding Shensu,"Minzhu Yu Fazhi (Democracy and Law),No.5,1983 at 22.Zhongguo Fazhi Bao (Legal System Daily), July26,1988at4. 56.According to Chinese scholars,there are four kinds of shensu:(1)shensu against the judiciary;(2)shensu against an administrative agency;(3)shensu against the party;(4)shensu against an electorate.Zhongguo Fazhi Bao,(Legal System Daily),April 19,1988 at 2;see also Zhongguo Fazhi Bao (Legal System Daily),March 15,1988at4. 57.Zhongguo Fazhi Bao (Legal System Daily),March 15,1988 at 4. 58.This constitutional basis for filing a petition (to "shensu")is reminiscent of the U.S.federal habeas corpus proceedings.See 28 U.S.C.2255.Federal habeas re- lief is a post-conviction relief available to persons being held in custody in violation of the laws of the United States.Each state of the United States also has separate post-conviction remedies,but state collateral remedies range from jurisdiction to ju- risdiction.State collateral remedies could include (1)writ of habeas corpus,(2)writ of coram nobis,(3)statutory provision modeled after 28 U.S.C.2255,and(4)the Uni- form Post-Conviction Procedure Act.See generally,Wayne LaFave and Jerold H. Israel,Modern Criminal Procedure 1009-1084(1985).The German legal system also provides a similar constitutional petition.Donald Kommers,The Constitutional Ju- risprudence of the Federal Republic af Germany 15-17(1989). 59.Fan Chongyi,"On the Retrial of a Legally Effective Judgment or Order," Faxue Yanjiu (Studies in Law),No.1,1984 at 60-61;Xu Yichu,"On the Establish- ment of the Unique Chinese Procedure of Adjudication Supervision,"Faxue Yanjiu (Studies in Law),No.4,1986 at 75. 60.Article 27 provides that "all state organs and functionaries must rely on the support of the people,keep in close touch with them,heed their opinions and sug- This content downloaded by the authorized user from 192.168.82.207 on Thu,15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions104 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 39 and the procuracy. These actors hold considerable power over the work of individual judges within each court.M Theoretical Underpinnings of the P.R.C. Adjudication Supervision Several modern-day theoretical principles underlie adjudication supervision in China. First, according to Chinese scholars, the power of adjudication supervision springs from an individual's con￾stitutional right to petition for redress of grievances.5 This consti￾tutional right to petition for redress of grievances (to "shensu") takes several forms.56 Shensu may be a complaint by a citizen di￾rected to any state or party organ to contest the validity of an offi￾cial act, or a complaint against a judicial organ for rendering an unlawful judgment or for violating trial procedures in rendering a judgment.57 A petition or "shensu" filed in court challenges a final judgment and activates the procedure for adjudication supervision.5 Second, the ability of citizens to petition for adjudication super￾vision reflect Mao's theory of mass supervision of justice and law,59 which has been incorporated into Article 27 of the P.R.C. Constitu￾tion.60 The "mass line" approach is based on a belief that the au- 54. What this means in terms of the individual judicial decision-making is the fo￾cus of Part IV of this article. 55. Article 41 of the Chinese Constitution provides that "citizens have the right to make to relevant state organs complaints or charges against, or exposures of, any state organ or functionary for violation of the law or dereliction of duty." 1982 Con￾stitution, ch. I, art. 41. To many Chinese, the fear of the chaotic Cultural Revolu￾tion, urges the unfettered maintenance of this constitutional right. See Ruan Shiping "A Discussion of Several Questions Regarding Shensu," Minzhu Yu Fazhi (Democracy and Law), No. 5, 1983 at 22. Zhongguo Fazhi Bao (Legal System Daily), July 26, 1988 at 4. 56. According to Chinese scholars, there are four kinds of shensu: (1) shensu against the judiciary; (2) shensu against an administrative agency; (3) shensu against the party; (4) shensu against an electorate. Zhongguo Fazhi Bao, (Legal System Daily), April 19, 1988 at 2; see also Zhongguo Fazhi Bao (Legal System Daily), March 15, 1988 at 4. 57. Zhongguo Fazhi Bao (Legal System Daily), March 15, 1988 at 4. 58. This constitutional basis for filing a petition (to "shensu") is reminiscent of the U.S. federal habeas corpus proceedings. See 28 U.S.C. 2255. Federal habeas re￾lief is a post-conviction relief available to persons being held in custody in violation of the laws of the United States. Each state of the United States also has separate post-conviction remedies, but state collateral remedies range from jurisdiction to ju￾risdiction. State collateral remedies could include (1) writ of habeas corpus, (2) writ of coram nobis, (3) statutory provision modeled after 28 U.S.C. 2255, and (4) the Uni￾form Post-Conviction Procedure Act. See generally, Wayne LaFave and Jerold H. Israel, Modern Cniminal Procedure 1009-1084 (1985). The German legal system also provides a similar constitutional petition. Donald Kommers, The Constitutional Ju￾risprudence of the Federal Republic of Germany 15-17 (1989). 59. Fan Chongyi, "On the Retrial of a Legally Effective Judgment or Order," Faxue Yanjiu (Studies in Law), No. 1, 1984 at 60-61; Xu Yichu, "On the Establish￾ment of the Unique Chinese Procedure of Adjudication Supervision," Faxue Yanjiu (Studies in Law), No. 4, 1986 at 75. 60. Article 27 provides that "all state organs and functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and sug￾This content downloaded by the authorized user from 192.168.82.207 on Thu, 15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions