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Legal history of China

The origin of the current law of the People's Republic of China can be traced back to the period of the early 1930s, during the establishment of the Chinese Soviet Republic. In 1931 the first supreme court was established. Though the contemporary legal system and laws have no direct links to traditional Chinese law, their impact and influence of historical norms still exist.

In the period between 1980 and 1987, important progress was made in replacing the rule of men with the rule of law. Laws originally passed in 1979 and earlier were amended and augmented, and law institutes and university law departments that had been closed during the Cultural Revolution were opened to train lawyers and court personnel. It was only a beginning, but important steps had been taken in developing a viable legal system and making the government and the courts answerable to an invisible standard.

Imperial era
Contemporary social control is rooted in the Confucian past. The teachings of Confucius have had an enduring effect on Chinese life and have provided the basis for the social order through much of the country's history. Confucians believed in the fundamental goodness of man and advocated rule by moral persuasion in accordance with the concept of li (propriety), a set of generally accepted social values or norms of behavior. Li was enforced by society rather than by courts. Education was considered the key ingredient for maintaining order, and codes of law were intended only to supplement li, not to replace it (see Hundred Schools of Thought).

Confucians held that codified law was inadequate to provide meaningful guidance for the entire panorama of human activity, but they were not against using laws to control the most unruly elements in the society. The first criminal code was promulgated sometime between 455 and 395 BCE. There were also civil statutes, mostly concerned with land transactions.

Legalism, a competing school of thought during the Warring States period (475-221 BCE), maintained that man was by nature evil and had to be controlled by strict rules of law and uniform justice. Legalist philosophy had its greatest impact during the first imperial dynasty, the Qin (221-207 BCE).

The Han dynasty (206 BCE-CE 220) retained the basic legal system established under the Qin but modified some of the harsher aspects in line with the Confucian philosophy of social control based on ethical and moral persuasion. Most legal professionals were not only lawyers but all around legal professionals trained in philosophy and literature. The first recorded professional who served as a lawyer was Deng Xi (c.545BC - c.501BC), a criminologist who also published the "Bamboo Law", which was one of the earliest statutes in history. The local, classically trained, Confucian gentry played a crucial role as arbiters and handled all but the most serious local disputes.

In the final years of the Qing dynasty (1644–1911), reform advocates in the government implemented certain aspects of the modernized Japanese legal system, itself originally based on German judicial precedents (see Hundred Days' Reform). These efforts were short-lived and largely ineffective. China was also a site of experimentation in extraterritoriality, including via the Shanghai Mixed Court (1864-1927).

Republican China
Following the overthrow of the Qing dynasty in 1911, China came under the control of rival warlords and had no government strong enough to establish a legal code to replace the Qing code. Finally, in 1927, Chiang Kai-shek's Nationalist forces were able to suppress the warlords and gain control of most of the country (see Republican China). Established in Nanjing, the Nationalist government attempted to develop Western-style legal and penal systems. Few of the Kuomintang codes, however, were implemented nationwide. Although government leaders were striving for a Western-inspired system of codified law, the traditional Chinese preference for collective social sanctions over impersonal legalism hindered constitutional and legal development. The spirit of the new laws never penetrated to the grass-roots level or provided hoped-for stability. Ideally, individuals were to be equal before the law, but this premise proved to be more rhetorical than substantive. In the end, most of the new laws were discarded as the Nationalist government became preoccupied with the Communist forces and Japanese invasion.

Development after 1949
According to Chinese Communist Party (CCP) ideology, the party controlled the state and created and used the law to regulate the masses, realize socialism, and suppress counterrevolutionaries. Since it was the CCP's view that the law and legal institutions existed to support party and state power, law often took the form of general principles and shifting policies rather than detailed and constant rules. The Communists wrote laws in simple enough language that every individual could understand and abide by them. Technical language and strict legal procedures for the police and the courts were dispensed with so as to encourage greater popular appreciation of the legal system.

Moreover, Mao Zedong maintained that revolution was continuous, and he opposed any legal system that would constrain it. Whereas Western law stressed stability, Mao sought constant change, emphasized the contradictions in society, and called for relentless class struggle. In this milieu, the courts were instruments for achieving political ends, and criminal law was used by the party to conduct class struggle. The emphasis was shifting constantly, and new "enemies" were often identified. Mao believed it unwise to codify a criminal law that later might restrain the party.

The Maoists wanted the administration of justice to be as decentralized as possible in order to be consistent with the "mass line." Neighborhood committees and work units, supervised by local officials, used peer pressure to handle most legal problems in consonance with current central policies. The police and courts were left to handle only the most serious cases. In both traditional and contemporary China, political and legal theory tended to support such methods. Mao was unconcerned that a person contesting the result of a group decision had nowhere to go for redress.

After 1949, the CCP also greatly altered the character of the legal profession. A number of law schools were closed, and most of the teachers were retired. Legal work was carried on by a handful of Western-trained specialists and a large number of legal cadres hastily trained in China. From the beginning these two groups disagreed over legal policy, and the development of the legal system reflected their continuous debate over both form and substance.

The Western-trained specialists were Kuomintang-era lawyers who chose to cooperate with the Communists. Because they were considered politically unreliable, the CCP initially ignored most of their arguments for a modern legal system. As the 1950s progressed, however, this group was instrumental in China's adoption of a legal system based on the system of the Soviet Union. In general, the specialists wanted codified law, enforced by a strict Soviet-style legal bureaucracy. Without such procedures, they felt, there would be too much arbitrariness, and eventually the legal system would become ineffective. Many of these specialists passed from the scene when the Soviet model was abandoned in the late 1950s, but some became CCP members and gained influential positions.

In the first thirty years of the People's Republic, the new legal cadres—chosen more for their ideological convictions than legal expertise—conducted the day-to-day legal work. These cadres favored the Maoist system of social and political control and regarded themselves as supervisors of the masses who subscribed to a common set of communist values. The new cadres saw this common ideology as providing better overall direction than strict legal controls could. They believed that China was too large to be governed by any single set of fixed rules or a legal bureaucracy. They preferred to administer justice by simplified directives tailored to the needs of local communities so that the people (and the new cadres) could participate fully in their implementation. As part of this plan, the cadres organized "study groups" to familiarize every citizen with current directives and circulars.

Most cultures agree that the purpose of criminal law is to control deviancy—the Chinese traditionally have sought to do so through peer groups rather than through the courts. This practice continued after 1949. Ideally, peers helped the deviant through criticism or shuofu (persuading by talking). The stress was on education and rehabilitation, a policy linked to the Confucian and Maoist tenet that, with patience and persuasion, a person can be reformed.

Early years of the People's Republic (1949–1953)
In 1949, the CCP abolished all Kuomintang laws and judicial organs and established the Common Program, a statement of national purposes adopted by a September 1949 session of the Chinese People's Political Consultative Conference, as a provisional constitution. Under the Common Program, 148 mainly experimental or provisional laws and regulations were adopted to establish the new socialist rule. The most important and farreaching of these laws dealt with marriage, land reform, counterrevolutionaries, and corruption. A three-level, single appeal court system was established, and the Supreme People's Procuratorate and local people's procuratorates were instituted. The procuratorates were established to ensure that government organs at all levels, persons in government service, and all citizens strictly observed the Common Program and the policies, directives, laws, and decrees of the people's government. They also were to investigate and prosecute counterrevolutionary and other criminal cases; to contest illegal or improper judgments rendered by judicial organs at every level; and to investigate illegal measures taken by places of detention and labor-reform organs anywhere in the country. They were to dispose of cases submitted by citizens who were dissatisfied with the decision of "no prosecution" made by the procuratorial organs of lower levels and to intervene in important civil cases and administrative legal actions affecting the national interest.

The period 1949-52 was one of national integration in the wake of decades of disunity, turmoil, and war, and included efforts to bring the diverse elements of a disrupted society into line with the new political direction of the state. The land reform movement of 1949-51 was accompanied, in 1950, by the movement to suppress counterrevolutionaries. In 1952 the san fan ("three anti") movement opposed corruptions, waste, and bureaucratism, while the wu fan ("five anti") movement rallied against bribery, tax evasion, theft of state assets, cheating on government contracts, and theft of state economic secrets (see Three-anti/five-anti campaigns). During this period, few cases were brought to court. Instead, administrative agencies, especially the police, conducted mass trials with large crowds of onlookers shouting accusations. Hundreds of thousands were executed as a result of those "trials," and many more were sent to prison or to labor camps. In the relatively few cases that were tried in formal courts, court records gave little indication as to what laws were used as a basis for the judgment.

In 1952 the authorities launched a nationwide judicial reform movement "to rectify and purify the people's judicial organs at every level politically, organizationally, and ideologically, and to strengthen the party's leadership of judicial work." Kuomintang-era judges were purged from the courts, and those who remained, having been tacitly cleared of charges of "flagrant counterrevolution" and sworn to uphold the mass line in judicial work, continued to press for a more regularized Soviet-style legal system. These judges were confident that the mass movements shortly would end and that the communist-run government eventually would see that it needed a more formal judicial structure. Indeed, at the instigation of the legal specialists, in 1953 the state began to promulgate separate criminal laws.

Legal system under the 1954 Constitution
The state constitution promulgated in September 1954 attempted to set down in legal form the central tasks of the country in the transition period of the mid-1950s and to regulate China's strides toward socialism. The state constitution provided the framework of a legal system much like that in effect in the Soviet Union from 1921 to 1928. Much of the Soviet legal code was translated into Chinese, and Soviet legal experts helped rewrite it to suit Chinese conditions.

The 1954 state constitution gave the Standing Committee of the National People's Congress the power to appoint and dismiss judicial personnel and to enact legal codes. The state constitution protected individuals from arrest and detention unless approved by the people's procuratorates, and it granted citizens freedom of speech, correspondence, demonstration, and religious belief. Citizens could vote and could run for election. They also acquired the right to an education, work, rest, material assistance in old age, and the ability to lodge complaints with state agencies. Each citizen was granted the right to a public trial and to offer a defense aided by a "people's lawyer." Citizens were granted equality before the law, and women were guaranteed equal legal rights. Under the 1954 state constitution, local procuratorates that had been responsible both to the procuratorate at the next higher level and to the government at the corresponding level were responsible only to the procuratorate at the next higher level. Technically, the judiciary became independent, and the Supreme People's Court became the highest judicial organ of the state.

Additionally, a law codification commission was set up to draft the first criminal code of the People's Republic and to describe criminal liability in detail. A set of rules for the proper conduct for police and judicial personnel was established, and it became the "political task" of the courts to determine what was or was not an offense. A criminal law, a code of criminal procedure, and a civil code were drafted, but none of these were enacted until twenty-five years later.

To cope with the anticipated need for more lawyers, law schools expanded and revamped their curricula. A large quantity of legal books and journals reappeared for use by law students. Although all lawyers were supposed to be conversant in the current ideology, many developed into "legal specialists" with more concern for the law than for ideology. Although this viewpoint would be condemned in 1957 when the Soviet-style legal system was rejected, in 1954 it appeared that China had taken a first step toward an orderly administration of justice.

Between 1954 and 1957, much effort was expended to make the legal system work, but the underlying conflict between the specialists and the cadres, who were more concerned about ideology than the legal system, remained. By 1956 the situation had polarized. The specialists argued that the period of intense class struggle was over and that all people should now be considered equal before the law and the state constitution. The cadres, on the other hand, contended that class struggle would never end and that separate standards should be applied to class enemies. They saw the specialists as obstructing the revolution—trying to subvert the new state and restore the rights of old class enemies.

In 1956 Mao personally launched a mass movement under the classical slogan "Let a hundred flowers bloom, let the hundred schools of thought contend." His essay "On the Correct Handling of Contradictions among the People," published in early 1957, encouraged people to vent their criticisms as long as they were "constructive" ("among the people") rather than "hateful and destructive" ("between the enemy and ourselves"). Mao was anxious to defuse the potential for a backlash against communist rule such as had occurred in Hungary and Poland.

The legal specialists were among the most vociferous critics of CCP and government policies. They complained that there were too few laws and that the National People's Congress was slow in enacting laws already drafted. They felt that legal institutions were maturing too slowly and that the poorly qualified cadres were obstructing the work of these institutions to suit their own political ends. The legal experts also spoke out against those, especially party members, who thought themselves above the law.

By August 1957 the criticisms of CCP and state policies were too broad and penetrating to be ignored. Mao and his supporters labeled the critics "rightists" and launched a campaign against them. Among the first victims of the Anti-Rightist Campaign were the specialists and their legal system. Mao objected to this system for several reasons—among them, his views that the Soviet model was too Westernized for China and that the judicial system was too constraining.

The specialists' proposals for a judiciary free from party and political interference were denounced and ridiculed. Mao did not want a judiciary that stood as an impartial arbiter between the CCP and anyone else. The principle of presumption of innocence was spurned, as was the notion that the law always should act "in the interest of the state and the people" rather than the party.

Many specialists were transferred to nonjudicial jobs and replaced by CCP cadres. All codification commissions stopped work, and no new laws were drafted. The number of law schools dropped sharply as most universities shifted their curriculum to more politically acceptable subjects. Later, during the Cultural Revolution (1966–76), almost all the remaining law schools were closed.

With the Anti-Rightist Campaign of mid-1957 and the Great Leap Forward (1958–60), a new mass line emerged. The Anti-Rightist Campaign halted the trend toward legal professionalism, which was seen as a threat to CCP control. The party leadership resolutely declared its power absolute in legal matters. The Great Leap Forward sought to rekindle revolutionary spirit among the people. The mass line, as it affected public order, advocated turning an increasing amount of control and judicial authority over to the masses. This meant greater involvement and authority for the neighborhood committees and grass-roots mass organizations.

The Anti-Rightist Campaign put an end to efforts that would have brought about some degree of judicial autonomy and safeguards for the accused, and the country moved toward police domination. By 1958 the police were empowered to impose sanctions as they saw fit. The CCP gave low priority to the courts, and, as many judicial functions were turned over to local administrative officials, few qualified people chose to stay with the still-operating courts. The number of public trials decreased, and by the early 1960s the court system had become mostly inactive. One unexpected by-product of the shift from formal legal organs to local administrative control was that criminal sentences became milder. Persons found guilty of grand theft, rape, or manslaughter were sentenced to only three to five years' imprisonment, and the death penalty rarely was imposed.

During the Great Leap Forward, the number of arrests, prosecutions, and convictions increased as the police dispensed justice "on the spot" for even minor offenses. Still, the excesses of the Great Leap Forward were milder than those of the 1949-52 period, when many of those arrested were summarily executed. Persons found guilty during the Great Leap Forward were regarded as educable. After 1960, during a brief period of ascendancy of the political moderates, there was some emphasis on rebuilding the judicial sector, but the Cultural Revolution nullified most of the progress that had been made under the 1954 state constitution.

Legal system under the 1975 Constitution
The state constitution adopted in January 1975 overwhelmingly drew its inspiration from Mao Zedong Thought. It stressed party leadership and reduced the power of the National People's Congress. The streamlined document (30 articles compared with 106 in 1954) reduced even further the constitutional restraints on the Maoists. The sole article in the new state constitution that pertained to judicial authority eliminated the procuratorate and transferred its functions and powers to the police. The marked increase in police power suited the radical leaders in the CCP hierarchy who wanted public security forces to have the power to arrest without having to go through other judicial organs.

The National People's Congress theoretically was still empowered to enact laws, select and reject state officials, and direct the judiciary. The party, however, was the ultimate arbiter, and the Supreme People's Court was no longer designated the highest judicial body in the land but was only mentioned in passing as one of the courts exercising judicial authority.

Equality before the law, a provision of the 1954 state constitution, was eliminated. Moreover, people no longer had the right to engage in scientific research or literary or artistic creation nor the freedom to change residences. Some new rights were added, including the freedom to propagate atheism and to practice religion. Citizens also gained the "four big rights": the right to speak out freely, air views fully, hold great debates, and write big-character posters. These "new" forms of socialist revolution along with the right to strike were examples of radical political activism popularized during the Cultural Revolution that were revoked in 1979.

"Socialist legality" under the 1975 state constitution was characterized by instant, arbitrary arrest. Impromptu trials were conducted either by a police officer on the spot, by a revolutionary committee (the local government body established during the Cultural Revolution decade), or by a mob. Spur-of-the-moment circulars and party regulations continued to take the place of a code of criminal law or judicial procedure. For example, during demonstrations in Beijing's Tiananmen Square in early 1976, three demonstrators were seized by police and accused of being counterrevolutionaries in support of Deng Xiaoping. The three were "tried" by the "masses" during a two-hour "struggle meeting," a session where thousands of onlookers shouted their accusations. After this "trial," during which the accused were forbidden to offer a defense (even if they had wished to), the three were sentenced to an unspecified number of years in a labor camp. In contrast to the milder sentences of the 1957 period, sentencing under the state constitution of 1975 was severe. Death sentences were handed down frequently for "creating mass panic," burglary, rape, and looting.

Following the death of Mao in September 1976 and the arrest of the Gang of Four less than a month later, the government took its first steps to set aside the 1975 state constitution and restore the pre-Cultural Revolution legal system. In January 1977 Premier Hua Guofeng directed legal experts to begin rebuilding judicial institutions in the spirit of the 1954 state constitution. The Chinese press began to carry stories about the virtues of the 1954 document and the Gang of Four's abuse of it. Later in the year, Hua announced that China had eight important tasks to fulfill, among them the reconstruction of formal legal institutions.

During the fall of 1977, the People's Liberation Army (PLA) and militia began turning over the responsibility for public security to the civilian sector. Judicial and public security workers held meetings to seek ways "to strengthen the building of the legal forces... and socialist legal systems." A theoretical study group from the Supreme People's Court affirmed that the courts and the public security organs were solely responsible for maintaining public order, and they called on the people to accept the views of superior authorities.

The government set out to reorganize completely all judicial procedures and establish codes of criminal law and judicial procedure as quickly as possible. Law schools were reopened, professors were rehired to staff them, and legal books and journals reappeared. By the end of 1977, the legal system and the courts reportedly were stronger than at any time since the 1954-56 period.

1978-1981
A new constitution intended to provide a structural basis for the return to socialist legality was adopted at the Fifth National People's Congress in March 1978. Legal reform was deemed essential not only to prevent a return to power of the radicals but also to provide the legal structure for the economic development of the country envisioned by the CCP leadership.

The 1978 state constitution reaffirmed the principle—deleted in the 1975 state constitution—of the equality of all citizens before the law. It guaranteed the right to a public trial, except in cases involving national security, sex offenses, or minors, and reaffirmed a citizen's right to offer a defense—also omitted in 1975.

The National People's Congress called for new criminal, procedural, civil, and economic codes as quickly as possible, using the new state constitution as a guide. The delegates quoted Mao as having said in 1962 that "we not only need a criminal code but also a civil code," and they invoked Mao's authority against those who viewed regularizing the legal system as counter-revolutionary.

In November 1978 the Law Institute of the Chinese Academy of Social Sciences, working in conjunction with the Legal Affairs Commission of the National People's Congress proposed strengthening the socialist legal system, which, it explained, was based on democracy, socialist principles, and the worker-peasant alliance. The institute added that the system should be formulated, enforced, and used by the people for economic development and against groups such as the Gang of Four. The 1978 state constitution gave the National People's Congress sole authority to interpret, promulgate, and change laws. It also reestablished the people's procuratorates and made them responsible both to the procuratorate at the next higher level and to the people's government at the same level, as they had been before 1954.

Sweeping reforms in China's legal system were announced at the Second Session of the Fifth National People's Congress held in June and July 1979. The changes, effective as of January 1, 1980, reflected the leadership's conviction that if economic modernization was to succeed, the people—who had suffered through the humiliations, capricious arrests, and massive civil disorders of the Cultural Revolution (1966–76)—had to be assured that they no longer would be abused or incarcerated on the basis of hearsay or arbitrary political pronouncements.

In mid-1979 China promulgated a series of new statutes that included the country's first criminal law, the first criminal procedure law, and updated laws on courts and procuratorates. Extensive preparations preceded the announcements. Beginning in early 1979, for example, the media hosted debates on subjects such as judicial independence, presumption of innocence, and equality of all citizens before the law. A national conference of procuratorates in January 1979 stressed the need for thorough investigations in all cases and respect for evidence. The participants in the conference warned that extorted confessions would no longer be accepted and that the police could not make arrests without procuratorate approval. If circumstances did not permit prior approval, the approval had to be obtained after the fact or the detainee had to be released.

Judicial work conferences were held throughout China to make recommendations to the National People's Congress concerning an independent judiciary. According to the recommendations, Chinese courts in the future would base their judgments on the law, while continuing to "work under unified leadership of the local party committees." In short, party policy no longer would be the equivalent of the law, but judicial independence in China could still be modified by party guidance.

Peng Zhen, director of the Legal Affairs Commission and active in the reform efforts of the early 1960s, announced the new laws in June 1979 and had them published shortly thereafter. According to Peng's announcement, the laws were based on 1954 and 1963 drafts and provided a foundation for the socialist legal system and, ultimately, social democracy. He affirmed that the judiciary would be independent and subject only to the law; that all individuals, no matter how senior, would be equal before the law; and that party members and cadres would have to forego special treatment and set an example for the people. In November 1979 Peng was appointed secretary general of the Standing Committee of the Fifth National People's Congress, a position from which he could control the reconstruction of the legal system.

Among the laws approved by the Second Session of the Fifth National People's Congress to take effect January 1, 1980, was the Organic Law of the Local People's Congresses and the Local People's Governments. The revolutionary committees, which had assumed judicial authority in the 1967-76 period, were eliminated; their authority was assumed by local people's governments, and judicial responsibility was returned to the appropriate courts.

The Electoral Law for the National People's Congress and Local People's Congresses, also to take effect January 1, 1980, provided for the direct election of some procurators and judges. The Organic Law of the People's Courts was designed to create a more orderly environment and to assure the people that the chaotic years of the Cultural Revolution, with no courts and no legal guarantees, were over. The law, a revised version of 1954 drafts, guaranteed the accused equality before the law regardless of race, nationality, sex, social background, or religious beliefs and gave people the right to a lawyer. In certain cases, the lawyer would be court-appointed. The law called for independence of the judiciary from political interference. Courts were free to establish judicial committees to assist them in difficult cases, and there were provisions for citizens to be elected as assessors to participate with judges in adjudicating cases. The local language was to be the medium for conducting court proceedings and writing court decisions. Cases involving the death penalty were to be reviewed by the Supreme People's Court, and all defendants were entitled to appeal to the next higher court.

The Organic Law of the People's Procuratorates, an amended version of a 1954 law, made procurators responsible for supervising law enforcement by the police, courts, and administrative agencies. The procuratorate was linked to China's past in that it functioned like the censorial system of imperial China. It served as the eyes and ears of the government, just as the censorial system was the watchdog for the emperor.

The procurators were elected by local people's congresses and approved by the next higher procuratorial level to handle only criminal cases. The independence of the procuratorates was constitutionally guaranteed. Still, their responsibilities were difficult, especially in any case involving a high party official. According to the new law, procuratorates at all levels had to establish procuratorial committees, practice democratic centralism, and make decisions through discussion. Ideally, a procuratorate at a lower level would be led, rather than dictated to, by one at the next higher level. Each procuratorate was responsible to the standing committee of the people's congress at the corresponding level.

People's congresses have been re-established at all levels, charged with the work of enacting law. The use of mediation committees – informed groups of citizens who resolve about 90 percent of China's civil disputes and some minor criminal cases at no cost to the parties – is one innovative device. There are more than 800,000 such committees in both rural and urban areas. The primary motivation has been to limit arbitrary behavior by powerful officials and to provide standards for managing social, economic and political relationships, including foreign investment. Law has been perceived as a key element of regime legitimacy as it serves to institutionalize economic reform.

The 1980 Criminal Law was intended to protect state property as well as the personal and property rights of citizens against unlawful infringement by any person or institution. It safeguarded the fundamental rights stipulated in the 1978 state constitution and prescribed penalties for counterrevolutionary activities (crimes against the state) and other criminal offenses. Prevention of crime and rehabilitation through education (taking into account actual conditions in China in 1979) were stressed. Illegal incarcerations, fabrications, prosecutions, and intimidation were forbidden, but the provisions of the law did not apply retroactively.

The Criminal Law contained a provision prohibiting the criminal prosecution of a person who had "reactionary," that is, antiparty, ideas but who had committed no "reactionary" actions. As Peng Zhen pointed out in late 1979, because "most contradictions were among the people," involving constructive criticism not antagonistic to the party or state, punishment was inappropriate (see Chinese intellectualism). As in some other areas of the law, the actual judicial disposition appeared at times to be at variance with this particular principle.

The law defined criminal acts and distinguished between actual crimes and accidents. It also established a statute of limitations both to demonstrate the "humanitarian spirit" of the penal code and to permit law enforcement officials to concentrate on crimes for which evidence was still available. The law retained the important legal principle of analogy, according to which acts not specifically defined might be considered crimes. Criminal charges could not be brought unless there was evidence that a crime had been committed; the sole basis for prosecution was verifiable evidence. The law also defined basic understandable rules of evidence. The death penalty could be imposed for flagrant counterrevolutionary acts and for homicide, arson, criminal intent in causing explosions, and other offenses of this nature. The 1983 revision of the law considerably increased the number of offenses punishable by the death penalty.

The Law on Criminal Procedure was promulgated to reform judicial procedures in enforcing the Criminal Law. It was designed to educate citizens, establish judicial jurisdictions, and streamline judicial appeal and review. The law described the relationship between public security organs (investigations and provisional apprehensions), the procuratorates (arrest approvals, possible procuratorial investigations, prosecutions and supervision of the police and penal institutions), and the courts (trials and sentencing). It also guaranteed the accused the right to make a defense at a public trial with an advocate present.

The public security organs, procuratorates, and courts had to base their judgments on verified evidence using the law as a measure. There were strict time limits on court and police actions to prevent overly lengthy detention.

From the perspective of the leaders of the CCP, moreover, codified laws and a strengthened legal system were seen as important means of preventing a possible return of radical policies and a repetition of the era when the Gang of Four ruled by fiat and inconsistent party regulations. Aside from establishing a legal code that would be more difficult for corrupt officials to manipulate, the new laws made the courts responsible for applying all but minor sanctions and made the police answerable to the courts. Procuratorates, which had fallen into disuse during the Cultural Revolution, were reinstituted to prosecute criminal cases, review court decisions, and investigate the legality of actions taken by the police and other government organizations. A greater role for the courts and independent investigations were expected to make it more difficult to introduce politically colored testimony into the courtrooms.

The adoption of a modern legal system has been driven by the central government in Beijing. While economic reforms were welcomed by most of the population, the new legal institutions, are still unsupported. Even in the marketplace, where customary normative frameworks are weak from decades of socialist suppression, the weakness of mechanisms of enforcement still preclude observance of law.

Legal reforms under the 1982 Constitution
In late 1982 the National People's Congress adopted a new state constitution. The 1982 state Constitution incorporates many provisions of the laws passed since 1978 and distinguishes between the functions of the state and of the CCP, mandating that "no organization or individual may enjoy the privilege of being above the Constitution and the law" (Article 5). This article had been interpreted by Chinese observers to include CCP leaders. The state Constitution also delineated the fundamental rights and duties of citizens, including protection from defamation of character, illegal arrest or detention, and unlawful search.

The National People's Congress and the local people's congresses continued to enact legislation to meet the juridical and other needs of their jurisdictions. The draft Law on Civil Procedure, in force from October 1982, provided guidelines for hearing civil cases. These cases constituted the majority of lawsuits in China, and in the 1980s the number was growing rapidly. In some of the lower courts almost all cases were civil.

A major problem in implementing new criminal and civil laws was a critical lack of trained legal personnel. In August 1980 the Standing Committee of the National People's Congress had sought to remedy this shortage by passing the Provisional Act on Lawyers of the People's Republic of China, which took effect on January 1, 1982. Before the law went into effect, there were only 1,300 legal advisory offices and 4,800 lawyers in China. By mid-1983 the number had increased to 2,300 legal advisory offices staffed by more than 12,000 lawyers (approximately 8,600 full-time and 3,500 part-time). To meet the growing demand for lawyers, law institutes and university law departments that had been closed during the Cultural Revolution were reopened, and additional ones were established. By mid-1985 approximately 3,000 lawyers per year were graduating from the 5 legal institutes and 31 university law departments located throughout the country.

The law also established legal advisory offices at every level of government and established the duties, rights, and qualifications of lawyers. Any Chinese citizen with the right to vote who has passed a professional competency test after formal training or after two to three years of experience in legal work could qualify as a lawyer. Lawyers were expected to act as legal advisers to government and nongovernment organizations and as both public and private litigants in civil suits, to defend the accused in criminal cases on request of the defendant or upon assignment of the court, and to offer legal advice at a nominal charge to anyone requesting it. The 1982 law guaranteed that in carrying out these duties lawyers would be permitted to meet and to correspond with their clients without interference from any organization or individual. The law seemed to have had a positive effect. Although there was a serious shortage of lawyers and great disparity in professional competence among those practicing, China in the mid 1980s was making progress in developing a corps of lawyers to meet its legal needs.

Legal reform slowed down after the 1989 Tiananmen Square protests and massacre but became a government priority again after Deng Xiaoping's tour of southern China in 1992. Important laws have been enacted in relation to commercial transactions, administrative litigation, and the judiciary system. When it did, the legal reform did what it could.

To a large extent legal reform has been driven by economic liberalization. Whilst there has been resistance to politically sensitive legal concepts in non-commercial or public laws, changes have filtered from commerce-related laws. For example, the Administrative Penalty Law (1996) and Administrative Procedure Law (1990) were enacted to stop government interference in state enterprises. The same laws allow citizens to sue officials for abuse of authority or malfeasance.

In addition, the reformed 1997 criminal law and the criminal procedures laws were amended to introduce significant reforms. The criminal law amendments abolished the crime of "counter-revolutionary" activity but only on paper. In fact the term changed into "crimes of endangering national security" but international scholars agree, that the new headline covers largely the same provisions as in the 1979 criminal law.

Criminal procedures reforms also encouraged establishment of a more transparent, adversarial trial process. Minor crimes such as prostitution and drug use are sometimes dealt with under re-education through labor laws.

In some cases, China was willing to adopt whole sectors of a foreign legal system. Examples are the banking and securities system (heavily influenced by the United States) and industrial property laws (a copy of the German system).

They have contributed to establishing the legal order of the domestic market, attracting foreign investment and converging the domestic market with the international market.

Commercial law
To advance its policy of market-based reforms, China adopted foreign approaches to legal regulation, particularly in the area of commercial law. China has now established a comprehensive scheme of legislation, including national laws, administrative regulations, and local rules.

The Sino-Foreign Equity Joint Venture Law, the first law governing foreign investment, was passed in 1980. Since then, more than 300 laws and regulations, most of them in the economic area, have been promulgated.

Modernization of China’s Legal Practices
After China's Reform and Opening Up, the CCP emphasized the rule of law as a basic strategy and method for state management.

Since the establishment of China's current legal system in 1978-81, the Chinese bar exam has been instrumental in increasing the quality of China's lawyers. The current passing rate for China's bar exam is only 10 percent. Additionally, as a developing nation, China has been worried about the negative impact of opening up its legal services sector to foreign competition. However, the entry of foreign lawyers to China has increased legal expertise of Chinese lawyers on international practices.

Foreign lawyers have accompanied foreign capital and their clients to China. In the early 1980s, the Ministry of Economy and Trade, the predecessor of today's Ministry of Foreign Trade and Economic Cooperation (MOFTEC), promulgated a regulation permitting the establishment of consulting firms to serve foreign trade. As a result, many foreign law firms incorporated consulting firms in their home countries or Hong Kong and then set up subsidiaries in Beijing or Shanghai to provide legal services.

On July 1, 1992, in order to meet growing demand, the Chinese government opened the legal services market to foreign law firms allowing them to establish offices in China when the Ministry of Justice and the State Administration of Industry and Commerce (SAOIC) issued the Provisional Regulation of Establishment of Offices by Foreign Law Firms regulation.

Jiang Zemin called for establishing a socialist rule of law at the 15th National Congress of the Chinese Communist Party in 1997.

There are still many regulatory barriers to entry to protect the domestic legal industry. For example, only foreign law firms, rather than individual foreign lawyers may apply for a permit to set up an office in China. New offices can only be a branch office of the foreign firm. Issues relating to Chinese law must be referred to Chinese law firms. Foreign lawyers are also prohibited from interpreting or practicing Chinese law nor representing their clients in court.

While the trend in China's legal landscape is to continue to open up the legal market, China's laws and regulations have helped develop a number of domestic Chinese firms to specializing commercial law to meet demand.

Xi Jinping opposes Western views of the rule of law, such as the requirement of judicial independence. Xi describes the leadership of the CCP as essential to upholding the socialist rule of law. Xi states that the two fundamental aspects of the socialist rule of law are: (1) that the political and legal organs (including courts, the police, and the procuratorate) must believe in the law and uphold the law, and (2) all political and legal officials must follow the CCP. Xi's view of the rule of law tends to equate the rule of law with the development of legislation. In his writings on socialist rule of law, Xi has emphasized traditional Chinese concepts including people as the root of the state (mingben), "the ideal of no lawsuit" (tianxia wusong), "respecting rite and stressing law" (longli zhongfa), "virtue first, penalty second" (dezhu xingfu), and "promoting virtue and being prudent in punishment" (mingde shenfa).

title: Legal history of China


text:
Talk:Steve MacLean (astronaut)

Maclean
can anyone help me get imformation about steven maclean and his space missions

//

Question - Can you still say that his wife is from Hull, Quebec? I thought Hull was amalgamated and renamed as Gatineau? Should you say that his wife is from the former city of Hull, Ontario?

Name
He is called Steve MacLean from many sources including his CSA page. Name change? --Neo63 (talk) 00:49, 30 May 2010 (UTC)

Steven is his given name. Steve is just what people call him instead of Steven. A change of the article and or changing his name in the article would be inappropriate.-- Navy Blue84  04:07, 30 May 2010 (UTC)

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title: Talk:Steve MacLean (astronaut)


text:
File:Lukejordan.jpg

The only known photograph of Luke Jordan (circa 1940's?) This should constitute as fair use; there is no other known photograph of Luke Jordan.12.146.226.46 02:50, 19 November 2006 (UTC) Source and copyright holder: "First and last days in Lynchburg (A last look at Lynchburg Luke)" 78 Quarterly 5 (1992), p. 71 - 78

title: File:Lukejordan.jpg


text:
Kennel cough

Kennel cough (also "canine infectious respiratory disease" (CIRD), "canine infectious respiratory disease complex" (CIRDC) or "canine infectious tracheobronchitis" (CIT)) is an upper respiratory infection affecting dogs. There are multiple causative agents, the most common being the bacterium Bordetella bronchiseptica (found in 78.7% of cases in Southern Germany), followed by canine parainfluenza virus (CPIV; 37.7% of cases), and to a lesser extent canine coronavirus (9.8% of cases). It is highly contagious; however, adult dogs may display immunity to reinfection even under constant exposure. Kennel cough is so named because the infection can spread quickly among dogs in the close quarters of a kennel or animal shelter.

Viral and bacterial causes of canine cough are spread through airborne droplets produced by sneezing and coughing. These agents also spread through contact with contaminated surfaces. Symptoms begin after a several-day incubation period post-exposure, and in most cases will clear up on their own. However, in young puppies or immunocompromised animals, mixed or secondary infections can progress to lower respiratory infections such as pneumonia.

Symptoms
The incubation period is 5–7 days (with a range of 3–10). Symptoms can include a harsh, dry cough, retching, sneezing, snorting, gagging or vomiting in response to light pressing of the trachea or after excitement or exercise. The presence of a fever varies from case to case.

Types
Although kennel cough is considered to be a multifactorial infection, there are two main forms. The first is more mild and is caused by B. bronchiseptica and canine parainfluenza infections, without complications from canine distemper virus (CDV) or canine mastadenovirus A (formerly canine adenovirus-1). This form occurs most regularly in autumn, and can be distinguished by symptoms such as a retching cough and vomiting. The second form has a more complex combination of causative organisms, including CDV and CAV. It typically occurs in dogs that have not been vaccinated and it is not seasonal. Symptoms are more severe than the first form, and may include rhinitis, conjunctivitis, and fever, in addition to a hacking cough.

Transmission
Viral infections such as canine parainfluenza or Canine respiratory coronavirus are only spread for roughly one week following recovery; however, respiratory infections involving B. bronchiseptica can be transmissible for several weeks longer. While there was early evidence to suggest that B. bronchiseptica could be shed for many months post-infection, a more recent report places detectable nasal and pharyngeal levels of B. bronchiseptica in 45.6% of all clinically healthy dogs. This has potentially expanded the vector from currently or recently infected dogs to half the dog population as carriers. To put the relative levels of shedding bacteria into perspective, a study analyzing the shedding kinetics of B. bronchiseptica presents the highest levels of bacterial shedding one week post-exposure, with an order of magnitude decrease in shedding observed every week. This projection places negligible levels of shedding to be expected six weeks post-exposure (or approximately five weeks post-onset of symptoms). Dogs which had been administered intranasal vaccine four weeks prior to virulent B. bronchiseptica challenge displayed little to no bacterial shedding within three weeks of exposure to the virulent strain.

Treatment and prevention
Antibiotics are given to treat any bacterial infection present. Cough suppressants are used if the cough is not productive. NSAIDs are often given to reduce fever and upper respiratory inflammation. Prevention is by vaccinating for canine adenovirus, distemper, parainfluenza, and Bordetella. In kennels, the best prevention is to keep all the cages disinfected. In some cases, such as "doggie daycares" or nontraditional playcare-type boarding environments, it is usually not a cleaning or disinfecting issue, but rather an airborne issue, as the dogs are in contact with each other's saliva and breath. Although most kennels require proof of vaccination, the vaccination is not a fail-safe preventative. Just like human influenza, even after receiving the vaccination, a dog can still contract mutated strains or less severe cases.

Vaccines
To increase their effectiveness, vaccines should be administered as soon as possible after a dog enters a high-risk area, such as a shelter. 10 to 14 days are required for partial immunity to develop. Administration of B. bronchiseptica and canine parainfluenza vaccines may then be continued routinely, especially during outbreaks of kennel cough. There are several methods of administration, including parenteral and intranasal. However, the intranasal method has been recommended when exposure is imminent, due to a more rapid and localized protection. Several intranasal vaccines have been developed that contain canine adenovirus in addition to B. bronchiseptica and canine parainfluenza virus antigens. Studies have thus far not been able to determine which formula of vaccination is the most efficient. Adverse effects of vaccinations are mild, but the most common effect observed up to 30 days after administration is nasal discharge. Vaccinations are not always effective. In one study it was found that 43.3% of all dogs in the study population with respiratory disease had in fact been vaccinated.

Complications
Dogs will typically recover from kennel cough within a few weeks. However, secondary infections could lead to complications that could do more harm than the disease itself. Several opportunistic invaders have been recovered from the respiratory tracts of dogs with kennel cough, including Streptococcus, Pasteurella, Pseudomonas, and various coliform bacteria. These bacteria have the potential to cause pneumonia or sepsis, which drastically increase the severity of the disease. These complications are evident in thoracic radiographic examinations. Findings will be mild in animals affected only by kennel cough, while those with complications may have evidence of segmental atelectasis (collapsed lung) and other severe side effects.

title: Kennel cough


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Immigration to Brazil

Immigration to Brazil is the movement to Brazil of foreign peoples to reside permanently. It should not be confused with the forcible bringing of people from Africa as slaves. Latin Europe accounted for four-fifths of the arrivals (1.8 million Portuguese, 1.5 million Italians, and 700,000 Spaniards). This engendered a strikingly multicultural society. Yet over a few generations, Brazil absorbed these new populations in a manner that resembles the experience of the rest of the New World.

Throughout its history, Brazil has always been a recipient of settlers, but this began to gain importance in the late 19th century and throughout the 20th century when the country received massive immigration from Europe, the Middle East, and Japan, which left lasting marks on demography, culture, language and the economy of Brazil.

In general, it is considered that people who entered Brazil up to 1822, the year of independence, were wholly colonizers. Since then, some of those who entered the independent nation were immigrants, mainly Portuguese, Italians and Spaniards, but also Germans, Japanese, Poles, Lebanese, Syrians, Lithuanians, Ukrainians, Jews, Russians and many others.

Before 1871, the number of immigrants rarely exceeded two or three thousand people a year. Immigration increased pressure from the first end of the international slave trade to Brazil, after the expansion of the economy, especially in the period of large coffee plantations in the state of São Paulo.

Immigration has been a very important demographic factor in the composition, structure and history of human population in Brazil, with all its attending factors and consequences in culture, economy, education, racial issues. Brazil has received one of the largest numbers of immigrants in the Western Hemisphere, along with the United States, Argentina and Canada.

Counting from 1872 (year of the first census) by the year 2000, Brazil received about 6 million immigrants.

Brief history
Maria Stella Ferreira Levy suggests the following periodization of the process of immigration to Brazil:

 * 1) 1820–1876: small number of immigrants (about 6,000 per year), predominance of Portuguese (45.73%), with significant numbers of Germans (12.97%);
 * 2) 1877–1903: large number of immigrants (about 71,000 per year), predominance of Italians (58.49%);
 * 3) 1904–1930: large number of immigrants (about 79,000 per year), predominance of the Portuguese (36.97%);
 * 4) 1931–1963: declining number of immigrants (about 33,500 per year), predominance of the Portuguese (38.45%).

The Brazilian population before immigration
When Brazil was settled as a new land in the New World by the Portuguese in 1500, its native population was composed of about 2.4 million Amerindians.

During the three decades afterwards, the country remained sparsely inhabited by Europeans. Among those few, mainly Portuguese, most were renegades, criminals banished from Portugal, shipwreck survivors, or mutinous sailors. They integrated into the local tribes, using their superior technology to attain privileged positions among them.

After 1530, the Portuguese started to settle in Brazil in significant numbers. However, Portugal had a small population to develop the exploitation of Brazil. By 1550, the colonists started to bring African slaves. From 1500, when the Portuguese reached Brazil, until its independence in 1822, from 500,000 to 700,000 Portuguese settled in Brazil, 600,000 of whom arrived in the 18th century alone.

The Portuguese settled in the whole territory, initially remaining near the coast, except in the region of São Paulo, from where the bandeirantes would spread into the hinterland. In the 18th century, large waves of Portuguese settled the country, in the wake of the discovery of gold in the region of Minas Gerais, but the number of Portuguese who settled in Brazil in its colonial era was far lower than of African slaves: from 1550 to 1850, some 4 million slaves were brought to Brazil.

This should not be taken as meaning that the population of Brazil before independence was mainly Black: the average survival of an African slave in Brazil was merely seven years after arrival, implying extremely high mortality rates. Although children born to slave women inherited the slave condition, the Portuguese always relied on slaves purchased from slave traders to replace and increase the work force; the natural growth of the slave population was always very small.

In the early 19th century, Brazil was mainly composed of people of three different origins: the indigenous inhabitants, the Portuguese and their descendants, the Africans and descendants, and, naturally, people of varying degrees of "racial" mixture. In 1872, after the arrival of about 350,000 mostly European immigrants and about 1,150,000 Africans forcibly brought to Brazil as slaves, the first Brazilian Census counted 9,930,478 people in Brazil, of which 3,787,289 (38.14%) were Whites, 3,380,172 (34.04%) were "pardos", 1,954,452 (19.68%) were Blacks, and 386,955 (3.90%) were "caboclos".

First period: 1820–1871
Immigration properly started with the opening of the Brazilian ports, in 1808. The government began to stimulate the arrival of Europeans to occupy plots of land and become small farmers. In 1812, settlers from the Azores were brought to Espírito Santo and in 1819, Swiss to Nova Friburgo, Rio de Janeiro. After independence from Portugal, the Brazilian Empire focused on the occupation of the provinces of Southern Brazil. It was mainly because Southern Brazil had a small population, vulnerable to attacks by Argentina and the Kaingang Indians.

From 1824, immigrants from Central Europe started to populate what is nowadays the region of São Leopoldo, in the province of Rio Grande do Sul. According to Leo Waibel, these German immigrants were mainly "oppressed peasants and former soldiers of the army of Napoleon". In 1830 a bill was passed forbidding the Imperial government from spending money with the settlement of immigrants, which stalled immigration until 1834, when the provincial governments were charged with promoting immigration.

Following the American Civil War, some 20,000 Confederates from the American South immigrated to the Empire of Brazil. Many of them settled in São Paulo, particularly in the vicinity of the present day city of Americana. The immigrants were the first to bring Baptism, as well as Methodism to Brazil. These American immigrants and their descendants brought numerous culinary products over, such as chess pie. Today, there are some 260,000 descendants of the Confederates living in Brazil.

In 1859, Prussia prohibited emigration to Brazil. This was mainly because of complaints that Germans were being exploited in the coffee plantations of São Paulo. Still, between 1820 and 1876, 350,117 immigrants entered Brazil. Of these, 45.72% were Portuguese, 35.74% of "other nationalities", 12.97% Germans, while Italians and Spanish together did not reach 6%. The total number of immigrants per year averaged 6,000. Many immigrants, particularly the Germans, were brought to settle in rural communities as small landowners. They received land, seed, livestock and other items to develop.

Second Period: 1872–1903
In the last quarter of the 19th century, the entry of immigrants in Brazil grew strongly. On one hand, Europe underwent a serious demographic crisis, which resulted in increased emigration; on the other hand, the final crisis of Brazilian slavery prompted Brazilian authorities to find solutions for the problem of work force. Consequently, while immigration until 1871 was focused on establishing communities of landowners, during this period, while this older process continued, immigrants were more and more attracted to the coffee plantations of São Paulo, where they became employees or were allowed to cultivate small tracts of land in exchange for their work in the coffee crop.

This also coincided with the decreasing availability of better land in southern Brazil—while the German immigrants arriving in the previous period occupied the valleys of the rivers, the Italians arriving in the last quarter of the century settled the mountainous regions of the state.

During this period, immigration was much more intense: large numbers of Europeans, especially Italians, started to be brought to the country to work in the harvest of coffee. From 1877 to 1903, almost two million immigrants arrived, at a rate of 71,000 per year. Brazil's receiving structure, legislation and settlement policies for immigrants were much less organized than in Canada and the United States at the time. Nevertheless, an Immigrant's Hostel (Hospedaria dos Imigrantes) was built in 1886 in São Paulo, and quick admittance and recording routines for the throngs of immigrants arriving by ship at the seaports of Vitória, Rio de Janeiro, Santos, Paranaguá, Florianópolis and Porto Alegre were established. The São Paulo site alone processed more than 2.5 million immigrants in its almost 100 years of continuous operation. People of more than 70 different nationalities were recorded.

In 1850, Brazil declared the end of the slave trade. This had different impacts on the different regions of Brazil. At the time, the region of São Paulo was undergoing a process of economic boom, linked to the expansion of the cultivation of coffee, and consequently needed increased amounts of labour. Other regions, notedly the Northeast, on the contrary, faced economic retraction, and were, consequently, able to dispense workforce. This entailed the replacement of the international slave trade by an internal or interprovincial slave trade, in which Northeastern slaves were sold in large numbers to the Southeast.

This temporarily solved the workforce problem in São Paulo and other coffee plantation areas. However, by 1870 the paulista elite came to realise that the Northeastern slaveholders were in fact being able to obtain financial compensation for their slaves, or, in practice, an abolition with compensation. Fears of a situation comparable to the United States, with the division of the country into free provinces and slave provinces arose. Consequently, paulista politicians began to seek measures against the interprovincial traffic, at a time when, anyway, the price of Northeastern slaves was getting higher and higher, due to their increasing scarcity.

By the beginning of the 1870s, the alternative of the interprovincial trade was exhausted, while the demand for workforce in the coffee plantations continued to expand. Thus the paulista oligarchy sought to attract new workers from abroad, by passing provincial legislation and pressing the Imperial government to organise immigration.

Third period: 1904–1930
From 1904 to 1930, 2,142,781 immigrants came to Brazil—making an annual average of 79,000 people. In consequence of the Prinetti Decree of 1902, that forbade subsidised emigration to Brazil, Italian immigration had, at this stage, a drastic reduction: their average annual entries from 1887 to 1903 was 58,000. In this period they were only 19,000 annually. The Portuguese constituted 38% of entries, followed by Spaniards with 22%. From 1914 to 1918, due to World War I, the entry of immigrants of all nationalities decreased. After the War, the immigration of people of "other nationalities" redressed faster than that of Portuguese, Spaniards, and Italians. Part of this category was composed of immigrants from Poland, Russia, Lithuania, Moldova and Romania, who immigrated probably by political issues, and part by Syrian and Lebanese peoples. Both subgroups included a number of Jewish immigrants, who arrived in the 1920s.

From 1931 to 1963, 1,106,404 immigrants entered Brazil. The participation of the Japanese increased. From 1932 to 1935 immigrants from Japan constituted 30% of total admissions. Prior to this yearly Japanese immigrants were numerically limited to no more than 5% of the current Japanese population.

Immigrants continued working in coffee plantations. By 1934, over 40% of the coffee production in São Paulo was produced by the 14.5 percent foreign population of the state, showing their entrepreneurial spirit and ambition. In fact, 19th century immigrants usually exhibited a formal and informal education and training that was better than that of native Brazilians. The country benefitted from their arrival not only because of their workforce, but also because of the skills and knowledge they shared. Spillover effects led to increased levels of human capital, with the effect being most prominent in regions with the highest numbers of immigrants.

Fourth Period: 1931–1964
With the radicalization of the political situation in Europe, the end of the demographic crisis, the decadence of coffee culture, the Revolution of 1930 and the consequent rise of a nationalist government, immigration to Brazil was significantly reduced. The focus shifted to culturally assimilating immigrants and "whitening" the population. From 1931 to 1963, 1,106,404 immigrants entered Brazil. The annual arrival of immigrants fell to 33,500. The Portuguese remained the most significant group, with 39.35%, The participation of the Japanese continued to increase, becoming the second most important group, with 12.79%. Particularly from 1932 to 1935 immigrants from Japan constituted 30% of total admissions.

Immigration also became a more urban phenomenon; most immigrants came for the cities, and even the descendants of the immigrants of the previous periods were moving intensely from the countryside. In the 1950s, Brazil started a program of immigration to provide workers for Brazilian industries. In São Paulo, for example, between 1957 and 1961, more than 30% of the Spanish, over 50% of the Italian and 70% of the Greek immigrants were brought to work in factories.

Current trends
During the 1970s Brazil received about 32,000 Lebanese immigrants escaping the civil war, as well as smaller numbers of Palestinians and Syrians. Between 1974 and 1980 Brazil also received almost 500 Portuguese settler families fleeing Angola or Mozambique as well as some 1,000 exiles from Portugal proper, many of them serving officers of the Portuguese Military or Police, fleeing post-Carnation Revolution Portugal because of their association with the former regime.

During the 1990s Brazil received small numbers of immigrants from the former republics of Yugoslavia, from Afghanistan and Angola. Recent immigration is mainly constituted by Chinese and Koreans and, in a smaller degree, by Argentines and other Latin American immigrants.

Because of political issues, people from Bolivia immigrate to Brazil. The majority of the Bolivians come from cities such as La Paz, Sucre, Santa Cruz de la Sierra, and Cochabamba. Usually they enter Brazil through Cuiabá, in Mato Grosso, or San Mathias, in Bolivia, which borders Caceres, Mato Grosso and Corumbá, in Mato Grosso do Sul.

Between 1,200 and 1,500 Bolivian immigrants come to Brazil every month looking for a job. Most of them work in the illegal textile industry in the Greater São Paulo. There are an estimated 200,000 Bolivians living in the Greater São Paulo, the majority of which are undocumented immigrants.

In July 2019, President Jair Bolsonaro regulated the right of residence of Cuban doctors who participated in the Mais Médicos Program, or More Doctors. To be allowed to stay in Brazil for two years, the candidate must submit an application to the Federal Police of Brazil. Thereafter, immigrants can apply to live in the country indefinitely with permanent residence, submitting another application within ninety days prior to the end of the two-year residence period. Physicians requesting the right of residence must present several documents, such as identity or passport, as well as police records from the Brazilian states and countries where they resided, and finally, proof of participation in the Mais Médicos initiative, immigration documents and photos.

In 2020, Brazil approved 24,880 processes for requesting recognition of refugee status. The largest refugee ancestries were Venezuelan (24,030), Syrian (479), Cuban (114), Iraqi (35), and Afghan (28).

Due to the Venezuelan refugee crisis, in 2020, Venezuelans are the largest immigrant group living in Brazil. Argentines are the fifth largest immigrant group in Brazil due to factors such as proximity to Brazil, immigration agreements, linguistic similarity between Portuguese and Spanish, and economic growth in Brazil, facilitate this movement to the neighboring country.

Country of Birth
Number of registered immigrants in Brazil.

Visa policy

Permanent visas may be granted to individuals intending to establish residence in Brazil.

Nine countries in South America can enter Brazilian territory using only their identity document, that is, a passport is not necessary for entry, although some may use the passport if they want to. It is a measure of reciprocity for citizens of both countries, in order to facilitate those who work across the border, facilitate those who need to study across the border and facilitate commercial tourism.

In 2009, nationals from signatory States of the Mercosur Residence Agreement, which include eight countries, such as Argentina, Uruguay, Chile, etc., may establish temporary residence in Brazil:

 * By requesting a Mercosur Temporary Residence Visa if the immigrant is abroad; or
 * No need for a visa (Residence), directly with the Federal Police-Ministry of Justice in Brazil, in accordance with the relevant articles of the agreement if you already reside in Brazilian territory.
 * Of the eight countries, only Argentina and Uruguay have the exclusive benefit of applying for permanent residency directly, without going through the two-year temporary residency phase. This is due to exclusive immigration agreements between Brazil and Argentina, and between Brazil and Uruguay, facilitating the growth of the number of Argentines and Uruguayans residing in Brazil.

In 2019, in his first year of government, the president Jair Bolsonaro, announced the end of the tourist visa requirement to the United States, Canada, Australia and Japan.

In March 2023, president Luiz Inácio Lula da Silva, announced the return of the visa requirement to the United States, Canada, Japan and Australia. However, it is not yet known when the measure will come into effect.

Immigration law
A foreigner with a permanent resident visa has nearly all of the same rights as a Brazilian citizen, such as access to health and education services in Brazil, in addition to being able to open a business, bank account, obtain a driver's license, among others. The permanent resident cannot vote or be elected to political office, and can only exercise these two rights after Brazilian naturalization.

Federal Constitution
Article 5. Everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the country the inviolability of the rights to life, liberty, equality, security and property.

No Brazilian shall be extradited, except for a naturalized Brazilian for a common crime committed prior to naturalization, or proven involvement in unlawful traffic in narcotics and similar drugs, as provided by law. No foreigner shall be extradited for a political or ideological offense.

Article 12. Brazilians are:

I - by birth:

a) those born in the Federative Republic of Brazil, even though of foreign parents, provided that they are not in the service of their country;

b) those born abroad of a Brazilian father or mother, so long as either is in the service of the Federative Republic of Brazil;

c) those born abroad of a Brazilian father or mother, so long as they are registered at a proper Brazilian governmental office, or come to reside in the Federative Republic of Brazil and opt for Brazilian nationality at any time after reaching the age of majority;

II - by naturalization:

a) those who, as set forth by law, acquire Brazilian nationality, it being the only requirement for persons originating from Portuguese-speaking countries the residence for 1 (one) uninterrupted year and good moral repute;

b) foreigners of any nationality, resident in the Federative Republic of Brazil for over 15 (fifteen) uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality.

Paragraph 1. The rights inherent to Brazilians shall be attributed to Portuguese citizens with permanent residence in Brazil, if there is reciprocity in favour of Brazilians, except in the cases stated in this Constitution.

Paragraph 2. The law may not establish any distinction between born and naturalized Brazilians, except in the cases stated in this Constitution.

Paragraph 3. The following positions are restricted to native born Brazilians:

I - President and Vice-President of the Republic;

II - President of the Chamber of Deputies;

III - President of the Federal Senate;

IV - Minister of the Supreme Federal Tribunal;

V - The diplomatic career;

VI - Officers of the Armed Forces;

VII - The Minister of Defense.

Paragraph 4. Loss of nationality shall be declared for a Brazilian:

I - Whose naturalization has been cancelled by judicial decision because of activity harmful to the national interest;

II - acquires another nationality, except in the cases:

a) of recognition of original nationality by foreign law;

b) of a foreign law imposing naturalization upon a Brazilian residing in a foreign country as a condition for remaining in its territory or for exercise of civil rights.

Article 22. The Union has exclusive power to legislate with respect to:

XIII - nationality, citizenship and naturalization;

XV - emigration, immigration, entry, extradition and expulsion of foreigners;

Statute of Foreigner
Article 112. Are conditions for the granting of naturalization:

I - civilian capacity, according to Brazilian law;

II - to be registered as permanent resident in Brazil;

III - continuous residence in the territory for a minimum period of 4 (four) years immediately preceding the application for naturalization;

IV - read and write the Portuguese language, considering the conditions of naturalizing;

V - exercise of occupation or possession of sufficient assets to maintain itself and the family;

VI - proper procedure;

VII - no complaint, indictment in Brazil or abroad for a felony that is threatened in minimum sentence of imprisonment, abstractly considered, more than 1 (one) year;

VIII - good health.

Article 113.The period of residence prescribed in Article 112, item III, may be reduced if the naturalizing fill any of the following conditions:

I - have a child or spouse of Brazil;

(Including same-sex spouse, see also: Same-sex immigration policy in Brazil)

II - be son of a Brazilian;

III - have provided or can provide relevant services to Brazil, in the opinion of the Minister of Justice of Brazil;

IV - commend themselves by their professional, scientific or artistic; or

V - to be owner in Brazil, real estate, whose value is equal to at least a thousand times the greatest value of reference, or be provided with industrial funds of equal value, or hold quota shares or amount of paid-in least identical in commercial or civil society, aimed principally and permanently, the operation of industrial or agricultural activities.

Sole Paragraph. The residence will be at least 1 (one) year, in cases of items I, II, and III; 2 (two) years in Item IV; and 3 (three) years in Item V.

Immigration
Immigration has been a very important demographic factor in the formation, structure and history of the population in Brazil, influencing culture, economy, education, racial issues, etc. Brazil has received the third largest number of immigrants in the Western Hemisphere, after the United States.

European diaspora
In the 100 years from 1872 to 1972, at least 5.3 million immigrants came to Brazil, of whom 31% were Portuguese, 30% Italian, 13% Spanish, 5% Japanese, 4% German and 16% of other unspecified nationalities.

In 1897, São Paulo had twice as many Italians as Brazilians in the city. In 1893, 55% of the city's population was composed by immigrants and in 1901 more than 80% of the children were born to a foreign-born parent. According to the 1920 census, 35% of São Paulo's inhabitants were foreign born, compared to 36% in New York City. São Paulo's multicultural population could be compared to any major American, Canadian or Australian city. About 75% of the immigrants were Latin Europeans, particularly from three major sources: Italy, Portugal and Spain. The rest came from different parts of Europe, the Middle East and Japan. Some areas of the city remained almost exclusively settled by Italians until the arrival of waves of migrants from other parts of Brazil, particularly from the Northeast, starting in the late 1920s.

According to historian Samuel H. Lowrie, in the early 20th century the society of São Paulo was divided in three classes:
 * The high group: composed of graduated people, mainly by Brazilians born to Brazilian parents, who were related to the high-class farmers or other people with privileges.
 * The working class: composed of immigrants and their second and third generation descendants. They were the most numerous group, mainly factory workers or traders.
 * The semi-dependent group: composed of former slaves and low-class workers of the Empire.

According to Lowrie, the fact that Brazil already had a long history of racial mixture and that most of the immigrants in São Paulo came from Latin European countries, reduced the cases of racism and mutual intolerance. However, the Brazilian high class was more intolerant, with most of them marrying other members of the elite. In some cases, to marry an immigrant was accepted if the person had achieved fortune or had some prestige. Lowrie reports that as much as 40% of the São Paulo high-class society mixed with an immigrant within the next three generations.

While in São Paulo the Italians predominated, in Rio de Janeiro the Portuguese remained as the main group. In 1929, as many as 272,338 Portuguese immigrants were recorded in the Federal District of Brazil (nowadays the city of Rio de Janeiro), more Portuguese born people than any other city in the world, except for Lisbon (which had 591,939 inhabitants in 1930).

In the South of Brazil, there were three main groups of immigrants: Germans, Italians and Slavs (mainly Poles and Ukrainians). The Germans had been settling Rio Grande do Sul since 1824. The first settlers came from Holstein, Hamburg, Mecklenburg-Vorpommern and Hannover. Later, people from Hunsrück and Rhineland-Palatinate predominated. There were also people from Pomerania, Westphalia and Württemberg. These immigrants were attracted to work as small farmers in the region of São Leopoldo. As a result of the great internal migration of people in Rio Grande do Sul, Germans and second generation descendants started to move to other areas of the province.

A similar process has occurred in Santa Catarina, with initially two main destinations for German immigrants (Blumenau, created in 1850, and Joinville in 1851) and then the immigrants or their descendants moved to other areas. Arriving in larger numbers than Germans, in the 1870s, groups of Italians started settling northeast Rio Grande do Sul. Similar to Germans, they were also attracted to develop small familiar farming production. In Paraná, on the other hand, the main group of immigrants was composed of Eastern Europeans, particularly Poles.

In southern Brazil, the immigrants settled in colônias (colonies), which were rural areas, composed of many small farms, settled by the families. Some of these colonies had a great development and gave birth to major Brazilian cities, such as the former German community of Joinville (600,000 inhabitants—the largest city of the state of Santa Catarina) or the former Italian community of Caxias do Sul (500,000 inhabitants—the second largest city of Rio Grande do Sul). Other colonies did not have a great development and remained small and agrarian. In these places, it is possible to feel more intensely the impact of the immigration, as many of these towns are still predominantly settled by a single ethnic group.

Statistics

 * Most of the Poles immigrated to Brazil with German, Russian or Austro-Hungarian passports, the Ukrainians with Austro-Hungarian passports and the Hungarians with Romanian passports.

 * It includes all people who were brought from Sub-Saharan Africa.

 * It does not include Germans who immigrated with Russian and Soviet passports (see Volga Germans).

 * Many Poles immigrated to Brazil with German, Russian or Austro-Hungarian passports.

 * It includes Greeks and Armenians who immigrated with Ottoman passports (see Ottoman Greeks and Ottoman Armenians) and other Middle Eastern peoples such as Palestinians and Egyptians.

 * It includes a majority of Poles, Ukrainians, Balts, Germans, Ashkenazi Jews and other peoples who immigrated with Russian or Soviet passports.

Consequences

Brazilian demographers have long discussed the demographical impact of the wave of emigration in the late 19th and early 20th centuries. According to Judicael Clevelário, most studies about the impact of immigration have followed Giorgio Mortara's conclusions in the 1940s and 1950s. Mortara concluded that only about 15% of the demographic growth of Brazil, from 1840 and 1940 was due to immigration, and that the population of immigrant origin was of 16% of the total population of Brazil.

However, according to Clevelário, Mortara failed to properly take into account the full endogenous growth of the population of immigrant origin, due to the predominantly rural settlement of the immigrants (rural regions tend to have higher natal rates than cities). Clevelário, then, besides extending the calculations up to 1980, remade them, reaching somewhat different conclusions.

One of the problems of calculating the impact of immigration in Brazilian demography is that the return rates of immigrants are unknown. Clevelário, thence, supposed four different hypothesis concerning the return rates. The first, that he deems unrealistic high, is that 50% of the immigrants to Brazil returned to their countries of origin. The second is based on the work of Arthur Neiva, who supposes the return rate for Brazil was higher than that of the United States (30%) but lower than that of Argentina (47%). The third hypothesis is taken from Mortara, who postulates a rate of 20% for the 19th century, 35% for the first two decades of the 20th century, and 25% for 1920 on. Although Mortara himself considered this hypothesis underestimated, Clevelário thinks it is closest to reality. The last hypothesis, also admittedly unrealistic is that of a 0% rate of return, which is known to be false.

Clevelário's conclusions are as following: considering hypothesis 1 (unrealistically high), the Population of Immigrant Origin in 1980 would be of 14,730,710 people, or 12.38% of the total population. Considering hypothesis 2 (based on Neiva), it would be of 17,609,052 people, or 14.60% of the total population. Considering hypothesis 3 (based on Mortara, and considered most realistic), it would be of 22,088,829 people, or 18.56% of the total population. Considering hypothesis 4 (no return at all), the Population of Immigrant origin would be of 29,348,423 people, or 24.66% of the total population. Clevelário believes the most probable number to be close to 18%, higher than Mortara's previous estimate of 1947. According to the Census of 1872, there were 9,930,478 people in Brazil, of which 3,787,289 (38.14%) Whites, 3,380,172 (34.04%) Pardos, 1.954.452 (19.68%) Blacks, and 386,955 (3.90%) Caboclos. The White population grew faster than the non-White population due to the subsidized immigration of Europeans in the late 19th and early 20th centuries. By 1890, the non-White population was reduced to 47% and the Amerindian to 9%. During this period, most immigrants came from Italy (58.49%) followed by Portugal with 20%.

The disproportionally fast growth of the White population, due to mass immigration, lasted up to 1940, when its proportion in the Brazilian population peaked at 63.5%. During the 1900–1940 period, Italian immigration was greatly reduced, due to the Prinetti decree, forbidding subsidized emigration to Brazil in 1902, then to the Italian war effort of 1915–1918. Thence, for the period of 1904–1940, Portuguese immigration became the main drive of immigration to Brazil, with 36.52% of the arrivals, compared to 14.99% of Italians.

The Brazilian Censuses do not ask questions about "ethnic origin", so there are no systematically comparable data about the impact of immigration. Varied entities, mainly embassies of foreign countries in Brazil and commercial associations that promote bilateral commerce between Brazil and other countries, make claims about the figures of "descendants of immigrants" in Brazil, but none links to any actual survey. Also, if they are extrapolations of actual data on the number of immigrants, the calculations are not explained anywhere.

On the other hand, in 1998, the IBGE, within its preparation for the 2000 Census, experimentally introduced a question about "origem" (origin/ancestry) in its "Pesquisa Mensal de Emprego" (Monthly Employment Research), to test the viability of introducing that variable in the Census (the IBGE ended by deciding against the inclusion of questions about it in the Census). This research interviewed about 90,000 people in six metropolitan regions (São Paulo, Rio de Janeiro, Porto Alegre, Belo Horizonte, Salvador, and Recife). To this day, it remains the only actual published survey about the immigrant origin of Brazilians.

Here are its results:

Notice that the total is higher than 100% because of multiple answers. It is easy to see that the results of this research are widely incompatible with the claims made by embassies and commercial associations:

The embassy figures are also hardly compatible with the known data for immigration. Here is how they compare:

The embassy figures for "Arab Brazilians" imply an impossible rate of childbirth. The process of inflation of the "Arab Brazilian" population is described by John Tofik Karam: Maintaining a privileged presence in business and political circles, Middle Easterners have overestimated themselves as a way to strengthen their place in the Brazilian nation.

Among the groups listed in the table, German immigrants arrived quite early in Brazil, starting in the 1820s. By 1883, 23.86% of them had already arrived. Italian immigrants only started to arrive in the 1870s, coming in enormous numbers until 1902, when Italian immigration declined sharply. By 1903, 70.33% of them had already arrived. Spaniards started arriving about the same time as the Italians, but came in more steady pace, which means that, in average, they represent a more recent immigration. Arabs only started to arrive in considerable numbers about 1890, making them the second most recent immigration, after the Japanese, who started to arrive in 1908. Evidently, the older the immigration, higher should be the descendant/immigrant relation—but, as the table shows, the embassy figures would place the Arab descendant/immigrant relation first—and, in fact, more than three times higher than that of the Germans.

When the number of immigrants is compared to the findings of the July 1998 PME, the results are different:

Here the correct order is reestablished, except for the Arabs appearing with a lower descendant/immigrant rate than the Japanese. This, however, is probably due to the concentration of Nikkeis in São Paulo, as opposed to a less concentrated distribution of "Arab Brazilians", who are present in considerable numbers in regions not counted by the PMEs—notably the Northern Region, the West of Paraná State, and Southern Rio Grande do Sul.

Nowadays, it's possible to find millions of descendants of Italians, from the southeastern state of Minas Gerais to the southernmost state of Rio Grande do Sul, with the majority living in the state of São Paulo (15.9 million) and the highest percentage in the southeastern state of Espírito Santo (60–75%). Small southern Brazilian towns, such as Nova Veneza, have as much as 95% of their population of Italian descent.

As happened with several other countries in the Americas, such as the United States, which received immigration from many countries, Brazil quickly became a melting pot of races and nationalities, but being peculiar in the sense of having the highest degree of intermarriage in the world.

Thousands of White Americans from the Southern United States (including relatives of former president Jimmy Carter), known as Confederados, fled to Brazil after the American Civil War, where they settled in the city of Santa Bárbara d'Oeste and founded a city nearby, Americana.

Co-official languages in Brazil
In this century has grown a recent trend of co-official languages in cities populated by immigrants (such as Italian and German) or indigenous in the north, both with support from the Ministry of Tourism, as was recently established in Santa Maria de Jetibá, Pomerode and Vila Pavão, where German also has co-official status.

The first municipality to adopt a co-official language in Brazil was São Gabriel da Cachoeira, in 2002. Since then, other municipalities attempt to co-officialise other languages.

The states of Santa Catarina  and Rio Grande do Sul have Talian officially approved as a heritage language in these states, and Espírito Santo has the East Pomeranian dialect, along with the German language, such as cultural heritage state.

Brazilian states with linguistic heritages officially approved statewide

 * 🇧🇷🇩🇪 Espírito Santo (Pomeranian and German)
 * 🇧🇷🇮🇹🇩🇪 Rio Grande do Sul (Talian and Riograndenser Hunsrückisch German )
 * 🇧🇷🇮🇹 Santa Catarina (Talian)

Amazonas

 * 🇧🇷 São Gabriel da Cachoeira (Nheengatu, Tukano and Baniwa)

Mato Grosso do Sul

 * 🇧🇷 Tacuru (Guarani)
 * 🇧🇷 Paranhos (Guarani, under approval)

Roraima

 * 🇧🇷 Bonfim (macushi) and (wapishana)

Tocantins

 * 🇧🇷 Tocantínia (Akwê Xerente)

Rio Grande do Sul

 * 🇧🇷🇮🇹 Serafina Corrêa
 * 🇧🇷🇮🇹 Flores da Cunha
 * 🇧🇷🇮🇹 Nova Roma do Sul
 * 🇧🇷🇮🇹 Paraí
 * 🇧🇷🇮🇹 Bento Gonçalves
 * 🇧🇷🇮🇹 Fagundes Varela
 * 🇧🇷🇮🇹 Antônio Prado
 * 🇧🇷🇮🇹 Guabiju
 * 🇧🇷🇮🇹 Camargo
 * 🇧🇷🇮🇹 Caxias do Sul
 * 🇧🇷🇮🇹 Ivorá
 * 🇧🇷🇮🇹 Pinto Bandeira
 * 🇧🇷🇮🇹 Nova Pádua
 * 🇧🇷🇮🇹 Barão

Santa Catarina

 * 🇧🇷🇮🇹 Nova Erechim
 * 🇧🇷🇮🇹 Ipumirim

Espírito Santo

 * 🇧🇷🇩🇪 Domingos Martins
 * 🇧🇷🇩🇪 Itarana
 * 🇧🇷🇩🇪 Laranja da Terra
 * 🇧🇷🇩🇪 Pancas
 * 🇧🇷🇩🇪 Santa Maria de Jetibá
 * 🇧🇷🇩🇪 Vila Pavão

Minas Gerais

 * 🇧🇷🇩🇪 Itueta (only in the district of Vila Nietzel)

Santa Catarina

 * 🇧🇷🇩🇪 Pomerode

Rio Grande do Sul

 * 🇧🇷🇩🇪 Canguçu (under approval)

Rondônia

 * 🇧🇷🇩🇪 Espigão d'Oeste (under approval)

Santa Catarina

 * 🇧🇷🇮🇹 Rodeio

Santa Catarina

 * 🇧🇷🇩🇪 Antônio Carlos
 * 🇧🇷🇩🇪 Treze Tílias (language teaching is compulsory in schools, standing on stage in public official of the municipality)
 * 🇧🇷🇩🇪 Ipumirim

Rio Grande do Sul

 * 🇧🇷🇩🇪 Santa Maria do Herval
 * 🇧🇷🇩🇪 Barão

Rio Grande do Sul

 * 🇧🇷🇩🇪 Nova Petrópolis

Espírito Santo

 * 🇧🇷🇮🇹 Venda Nova do Imigrante

Paraná

 * 🇧🇷🇮🇹 Francisco Beltrão

Rio Grande do Sul

 * 🇧🇷🇮🇹 Antônio Prado

Santa Catarina

 * 🇧🇷🇮🇹 Brusque
 * 🇧🇷🇮🇹 Criciúma

Rio Grande do Sul

 * 🇧🇷🇩🇪 Westfália

Santa Catarina

 * 🇧🇷🇩🇪 Pomerode
 * 🇧🇷🇩🇪 São João do Oeste

title: Immigration to Brazil