China set up a legal aid system in 1994. Financially straitened citizens can apply for legal aid according to state stipulations when they demand state compensation, social security or subsistence allowance, or when they demand that pension (for the disabled or for the family of a deceased person), relief payment, alimony, maintenance, child support, or remuneration of labor be paid, or when they claim civil rights or interests arising from offering assistance in a just cause. In criminal procedures, financially straitened citizens may apply for legal aid according to state stipulations for commissioning lawyers, agent ad litem, or defenders. If the defendant is blind or deaf-mute, or is a minor, and has not entrusted someone to serve as his/her defender, or if the defendant is likely to be sentenced to death but has not entrusted someone as his/her defender, the people's court should designate a lawyer who is responsible for providing legal aid to serve as the defender. Legal aid departments have been established by the governments at all levels and equipped with specialized staff.
The state adopts a standard judicial examination system for those who want to be judges, prosecutors and those who want to acquire the qualification of the lawyer. The best of the examinees who pass the state judicial examination are employed as junior judges and prosecutors. The first nationwide uniform examination for the qualification of the lawyer was held in China in 1986. In order to establish and standardize a uniform state judicial examination system, the Measures for the Implementation of State Judicial Examination (Trial) contains provisions on the content, manner and organization of the examination, and for the conditions for entering the examination and the conferring of qualifications. From 2002 to 2007, China successively held six state uniform judicial examinations, which promoted the building of the professional ranks of judges, prosecutors, lawyers and notaries.
China has quickened the pace of judicial system reform in recent years. It has carried out the reform based on national conditions while drawing on the sound practices of other countries. The purpose of the reform is to maintain justice in the judicial field. By first tackling problems of particular concern to the people, with focuses on how to restrain and supervise power more effectively, the reform is aimed to optimize the allocation of judicial responsibilities and functions, standardize judicial acts, and promote democracy and openness in the judicial field. China is working hard to establish a socialist judicial system featuring fairness, efficiency and authority, to ensure that judicial organs and procuratorial organs can exercise judicial power and procuratorial power fairly, independently and according to law.
- As restraint and supervision of judicial powers are tightened, some prominent problems affecting judicial fairness are being solved. A system of openness has been improved in relation to trials, procuratorial work, police work and prison work. The rights of the general public to participate, to know and to sue are better protected. The mechanism of procuratorial supervision of litigation, particularly the mechanism of supervision of malfeasance among judicial personnel, has been further improved. The pilot work of instituting people's supervisors is proceeding smoothly. The focus of their supervision will be on cases in which the arrests are not accepted, or cases that are expected to be canceled or no action to be taken. Complaints about uncivilized, non-standardized handling of cases by procuratorial personnel have been reduced significantly.
- New progress has been made in respecting and guaranteeing human rights through the improvement of the criminal justice system. The procedures for handling capital punishment cases have been further improved. The judicial system with respect to minors has also been improved, with the gradual adoption of methods for investigation, arresting, charging and trial suitable to the situation of minors. There has been an obvious drop in the number of overdue detainees. Legal supervision of the execution of punishment has become more standard. Pilot programs in the reform of the prison system are proceeding smoothly. The quality of education and reformation in prisons has been improved, and the legitimate rights and interests of those incarcerated protected according to law. There has been a big drop in escapes and crimes committed in prisons. Pilot programs featuring reform of criminals in communities and the system of people's supervisors have yielded good results. Pilot work for the reform of criminals in communities has been carried out in 25 provinces, autonomous regions and municipalities directly under the central government throughout China. Less than one percent of the convicted criminals who serve their time in such communities re-offend.
- The efficiency of judicial work has been raised by reforming and improving the working mechanism. At present, 38.87 percent of the criminal cases and 71.26 percent of the civil and commercial cases heard by people's courts are adjudicated using the summary procedure. Cases can be put on file for investigation directly in an overwhelming majority of the people's courts throughout the country. The mediation mechanism for settling conflicts of varied nature, such as people's mediation, administrative mediation and judicial mediation, has been improved. In 2006, mediation organizations in China conducted mediation for over 4 million civil disputes, and more than 95 percent of the disputes were settled. In order to improve and standardize the management system of judicial expertise, the Standing Committee of the NPC adopted the Decision on the Management of Judicial Expertise. Efficiency has been raised with case-filing for investigation through the Internet and from a distance, and the creation of "digital courts."
- By strengthening judicial relief and legal aid, the difficulties of filing a lawsuit and of enforcing a court's judgment have been eased. The newly promulgated Measures on the Payment of Litigation Fees has reduced litigation fees by 60 percent on average. The newly adopted Measures on the Administration of Lawyers' Service Fees has strict provisions on the procedures for the fees charged by lawyers, as well as provisions specifying severe punishment for violations. In recent years, the state has increased, year by year, the expenditure on legal aid. The transfer payment system for legal aid in poverty-stricken areas has been established by the central treasury and some provincial treasuries. In 2006, the number of cases handled with legal aid totaled 318,514, and law consultancy services were provided to 3,193,801 person-times across the country, up 25.6 percent and 19.9 percent, respectively, over the previous year.
- Justice is further guaranteed through reforming and improving the management system of personnel and the mechanism that ensures the availability of working funds. The management system that separates administrative work from judicial and procuratorial work has also been improved. Systems such as public recruitment and testing of judicial personnel, competition for posts and exchange of judicial personnel have been established and improved. In recent years the state and local financial departments have all greatly increased spending in the judicial field, providing a solid material guarantee for law-enforcing departments to carry out their duties.