How did the Cultural Revolution affect courts and legal institutions in China?

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During the Cultural Revolution (1966–76), China’s legal institutions suffered a period of severe decline and systemic dismantling. The movement, led by Mao Zedong, rejected the notion that law could possess integrity or a role independent of politics, instead prioritizing continuous revolution and class struggle.1

The specific effects on the legal system included:

  • Institutional Collapse: China’s courts were largely closed during this period. The national legislature ceased meeting, and the constitution was rewritten to reflect the ideological focus on class struggle.21
  • Attack on Expertise: Legally trained personnel were targeted as reactionaries, leading to the persecution of professionals and the abandonment of formal legal procedures.1
  • Staffing Changes: When courts were operational, they were staffed by individuals with little to no legal training, including personnel seconded from the military.2
  • Legal Vacuum: By the end of the Cultural Revolution in 1976, the country lacked a functional legal framework, possessing fewer than 3,000 lawyers and only fragmentary substantive law outside of limited economic and criminal areas.2

These conditions necessitated the massive, post-1976 effort to reestablish courts, law schools, and a formal legal order to prevent a recurrence of such chaos.23