No peace will be possible as long as the Communists continue their aggressive aims against the peoples of the free world. The war in Vietnam has been sustained and prolonged primarily because of the aid and assistance given by the two major Communist powers, Moscow and Peking. The President's trip to Peking might possibly lead to an understanding between Mao's government and our government as regards the intentions of both.

On the other hand, the President is well aware that the chances of solid accomplishments from summit diplomacy are slim. Such summit conferences must be well prepared, and our goals sharply defined. Our allies in the Far East, such as Nationalist China, Korea, Japan, and others, should be assured that this visit will not affect our relations with them, and that no agreement will be made that will jeopardize them.

On the other hand, the Peking regime is a brutal dictatorship which imposes its will by force on its own people. Nor has the Peking regime altered its conditions for friendship. As recently as June 21, Premier Chou En-lai told a visiting American newspaper publisher, Mr. William Attwood, that normalization of relations depends upon our withdrawing military support from the Nationalist Government on Taiwan, and recognizing the sovereignty of Peking over Taiwan. It is particularly significant, therefore, that at the same time that the President's Special Adviser on National Security was in Peking, the Secretary of Defense was in Japan. Secretary Laird told the Japanese that Japan must assume a broader responsibility not only for her own defense, but also for that of the Southeast Asian area. Japan's economic expansion in manufacturing and textiles has been made possible because the United States has carried the major portion of the costly burden of defense for that whole area. Japan is capable of carrying part of the burden.

The Laird recommendation is similar to a proposal I put forth in an address in Tokyo in the fall of 1970. At that time I urged Japan, Nationalist China, Korea, the Philippines, Malaysia, and Vietnam to join together in a mutual defense pact, under our nuclear umbrella. Such a pact would not be viable, speaking geopolitically, if the island of Taiwan were in Communist hands, or even if declared an autonomous region of the mainland. Secretary Laird's mission to Japan, therefore, is evidence that the President's trip does not mean that normalization of relations with Peking will be automatic.

As for trade, there appears to be little possibility of stepped up commercial relations between mainland China and the United States, unless special concessions and subsidized rates of credit are offered. It has been well established, even by experts who support the idea of increased trade, that mainland China simply doesn't have the dollar exchange to trade with the United States. China's greatest needs are in food grains. Other goods imported in recent years were: fertilizer, rubber, cotton, iron and steel products, and machine tools, in that order. Even if Communist China wanted to buy from us, it would be difficult for us to meet Japanese and other low-wage Asian competition which is trading on the Chinese doorstep.

As for selling to the United States, the principal manufactured exports would doubtless be textiles and shoes. If there is anything that the United States does not need, it is more textiles and shoes from low wage, or in this case, virtual slavelabor countries. In my State of South Carolina, a key issue for our people is the survival of our textile industry, which is already threatened by the flood of imports of man-made textiles from the Far East. On top of this, exports from Communist China would be a significant threat. The Communist system is not bound by free market requirements, and could easily dump textiles into the U.S. if necessary to earn exchange.

Mr. Chairman, the South Carolina General Assembly unanimously adopted a Resolution memorializing the President and the Congress to exercise extreme caution in opening trade relations with Communist China, and I ask your consent that the text of this Resolution of the South Carolina General Assembly be made part of the hearing record of this Committee as Exhibit A.

As for the prospects of trade generally, one need only point to the study done by Robert F. Dernberger, printed in China Trade Prospects and U.S. Policy, a symposium edited by Alexander Eckstein and published by the National Committee on United States-China Relations (Praeger Publishers. 1971). Dernberger's best estimate is that by 1980 trade between U.S. and Mainland China could reach a total of $1.27 billion. But even Dernberger says that trade could be as low as $50 million both ways, with a more realistic estimate of $400 mil

lion both ways. It is clear, therefore, that there is no trade bonanza in prospect for the next decade.

Those who look for trade as an inducement toward between relations, therefore, are most likely to be bitterly disappointed. The temptation will be to stimulate trade artificially through special inducements, all for the sake of political rather than commercial goals. Such inducements would naturally be paid for by the American workers and taxpayers, and I strongly oppose any such action. Finally, I would like to point out some of the difficulties of dealing with a government which has no settled constitution, no organized system of law, and a history of dealing harshly with foreigners. While official visitors, such as the President, would naturally be singled out for special consideration, the ordinary visitor the journalist, the businessman, the student, even the tourist-faces special hazards in traveling in such a country.

Scholars of Chinese law have noted that the 1954 Chinese Constitution is largely inoperative or ignored. The official Chairman of the People's Republic, Liu Shao-chi, was seized during the cultural revolution and is held in prison; no successor has been named, and Liu has never been removed from office. The National People's Congress is supposed to meet once a year for a term of four years, but its last meeting was December 21, 1964 to January 4, 1965. This means that the Chairman of the People's Republic is serving an extended term in violation of the Constitution, because he is supposed to be elected for a four year term by the National People's Congress.

Premier Chou En-lai, with whom the discussions were held in Peking, is also supposed to be elected by the National People's Congress, upon recommendation of the Chairman of the Republic. Chou En-lai was last appointed on January 3, 1965. It is reasonable to assume that his term has also expired.

The President of the Supreme People's Court also is elected by the National People's Congress. Yang Hsiu-feng, the man last elected to the Presidency of the Supreme People's Court, and thus the highest judicial official in China, was paraded through the streets during the cultural revolution, and reportedly committed suicide. No successor has been appointed.

The legal system of mainland China is likewise in a shambles. In fact, the Communist government has never promulgated a criminal code, a civil code, a code of criminal procedure, nor a code of civil procedure. I asked the Far Eastern Law Division of the Library of Congress to make a study for me of Chinese Communist Law. This study reports as follows:

"In the absence of basic codes and statutes, the courts and the procuracy have been guided by a vast body of unpublished rules, regulations, reports, judicial interpretations, syntheses of court decisions, and above all, Party directives and Party policy. Most of these materials are available only to those who administer the system."

In point of fact, the Chinese courts most often fall back upon the so-called "Regulations of the People's Republic of China for Punishment of CounterRevolutionaries." These regulations are most sweeping, and any sort of "offense" could be charged against the accused. As a result, the Library of Congress study concludes:

"In view of the near legal vacuum existing in the People's Republic of China, it would be impossible to predict the fate of an American citizen traveling in mainland China who was apprehended and charged with a crime. We cannot even be certain that his detention would be publicly admitted nor that the charges against him would be specified. He would not benefit from substantive or procedural guarantees. Travel to Communist China by American citizens thus at this point strikes us as being a risk-laden undertaking."

Mr. Chairman, I ask that this study by the Library of Congress "Some Points Concerning the Criminal Law of the People's Republic of China" be made part of the record of this hearng, along wth the text of the Counterrevolutionary statute, as Exhibit B.

Another point of concern both for the journalist and for the businessman who is trying to get the basic information needed for his profession is the so-called "Provisional Regulations for the preservation of State Secrets." These regulations list 17 categories of information that constitute state secrets. These categories include many items that would be of legitimate interest, for example, to a businessman seeking trade-State economic plans; facts relating to railways, communications, postal service, telecommunications; State financial plans, budgets, and financial statements; customs plans, monetary trade, etc. The seven

teenth category is "Other state affairs that are required to be kept secret." Of course, in a Communist state, everything is a state affair. Thus an unwary American could quite conceivably get into trouble in the normal course of his affairs in China; the penalties for offenses against the state secrets regulations are drastic. Moreover, as I have already pointed out, there is little chance of obtaining justice at the hands of the Communist judicial system.

Mr. Chairman, the Far Eastern Law Division of the Library of Congress has also prepared a short study of the State Secrets regulations, including the applicable legal text, and I ask that this be made part of the record of this Committee as Exhibit C.

Mr. Chairman, I also have a longer study comparing the 1954 Constitution of the People's Republic of China with the Draft of the revised Constitution. This study was also prepared by the Far Eastern Law Division of the Library of Congress, and shows how the reins of power on the mainland are being drawn more tightly into the hands of the ruling elite. I believe it would also be useful to these proceedings if it were made part of the record of this Committee as Exhibit D, and I so request.

EXHIBIT A

A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT AND THE CONGRESS TO EXERCISE EXTREME CAUTION IN OPENING TRADE RELATIONS WITH COMMUNIST CHINA AND TO IMMEDIATELY MAKE PROVISIONS FOR ESTABLISHING POTENT SAFEGUARDS TO PREVENT FURTHER EROSION OF DOMESTIC TEXTILE MARKETS BY STILL ANOTHER LOW-WAGE NATION

Whereas, the President of the United States has lifted restrictions on trade with Communist China in forty-seven categories, including textile products and machinery; and

Whereas, it is believed that Communist China has a large textile industry, and the President's action simply opens another source of low-wage textile imports that further imperil the wages and jobs of thousands of Americans; and

Whereas, there seem to be no reliable indications at this time that substantial exports can be sent to Red China so far as textiles are concerned; and Whereas, the importation of textiles and apparel from foreign nations has seriously undermined the entire economic structure of the State of South Carolina; and

Whereas, the revenues of the State Government, county governments and municipal governments of South Carolina are down by millions of dollars causing mandatory cutbacks in all agencies of State Government thereby affecting every citizen of this State; and

Whereas, thousands of South Carolinians have lost their jobs or are on short time that causes them to earn below average wages; and

Whereas, the foreign competitors who flood our market and force thousands of our citizens completely out of work or onto shorttime, manufacture and market their textiles and apparel under conditions that are illegal in the State of South Carolina and in the United States; and

Whereas, the textile markets of the United States are virtually wide open to foreign imports while many of the major exporters to this country tightly protect their own markets against our textile exports; and

Whereas, the textile industry of South Carolina and the entire nation has invested billions of dollars in recent years in new plants and equipment making it the most efficient in the world; and

Whereas, the American textile industry pays its employees approximately two dollars an hour more than the industry of Japan, with the gap being even wider between this country and some other Asian Nations; and

Whereas, the Legislature and the people of South Carolina are not willing to see these terribly unfair conditions continue to weaken their most important industry which together with its supply and related industries over the years have been good, responsible corporate citizens; and

Whereas, the opening of trade with Red China adds still another competitive burden on the American textile industry and its employees: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the General Assembly of South Carolina respectfully memorializes the President of

the United States and the Congress of the United States to immediately take steps necessary to safeguard the American textile industry against further serious inroads into its markets by placing appropriate restrictions on all such items that might be imported into this country; and be it further

Resolved, that copies of this Resolution be forwarded to the President of the United States, to each United States Senator and each member of the House of Representatives from South Carolina, the Clerk of the United States Senate, the Clerk of the House of Representatives of the United States, to the Secretary of Commerce and the Secretary of State of the United States.

EXHIBIT B

SOME POINTS CONCERNING THE CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

In February 1949, eight months before the Chinese Communists instituted the People's Republic of China, the Party issued an important document stating that all former Nationalist government laws were abolished and that:

"Before the people's new laws have been systematically promulgated, [people's judicial work] shall be based on the policy of the Communist Party and the various outlines, laws, regulations and resolutions of the People's Government and the People's Liberation Army."

1

The abrogation of Nationalist laws was broadened to include the entire Nationalist judicial system in Article 17 of the Common Program of the Chinese People's Political Consultative Conference, adopted on September 29, 1949, in Peking. Article 17 provided:

"All laws, decrees and judicial systems of the Kuomintang reactionary government which oppress the people shall be abolished. Laws and decrees protecting the people shall be enacted and the people's judicial system shall be established." "

In the twenty-two years which have passed since the Communists swept clean the legal slate in China, they have enacted a few basic statutes, such as the Marriage Law, the Trade Union Law, and the Counterrevolutionary Act; they have not, however, promulgated a criminal code, a civil code, a code of criminal procedure, nor a code of civil procedure, despite the fact that the People's Republic of China, like the Soviet Union, follows the continental system, which is characterized by codified law. There exist two major statutory collections containing only limited information useful in actual court cases. The last volume of these collections was issued in 1964. In the absence of basic codes and statutes, the courts and the procuracy have been guided by a vast body of unpublished rules, regulations, reports, judicial interpretations, syntheses of court decisions, and, above all, Party directives and Party policy. Most of these materials are available only to those who administer the system.

On February 27, 1957, at the Eleventh Enlarged Session on the Supreme State Conference in Peking, Mao Tse-tung delivered a historic address, "On the Correct Handling of Contradictions Among the People." In this address, Mao stated that "we are confronted with two types of social contradictions-contradictions between ourselves and the enemy and contradictions among the people. These two types of contradictions are totally different in nature.' " 3 "The contradictions between ourselves and our enemies are antagonistic ones. Within the ranks of the people, contradictions among the working people are nonantagonistic. . . ." Mao contended not only that the two types of contradictions were different in nature, but also that different methods must be employed to resolve them. Mao says: "We have always maintained that, under the people's democratic dictatorship, two different methods-dictatorial and democratic-should be used to resolve the two different kinds of contradictions, those between ourselves and the

1 Quoted in Cheng P'u, "Destroying Thoroughly the Old Legal System and Liquidating Bourgeois Legal Thinking-Re-reading of the Central Committee of the Chinese Communist Party's Directive Regarding the Abolition of the Kuomintang's Complete Book of Six Codes and the Affirmation of Legal Principles in the Liberated Areas," Cheng fa yen chiu [Political-Legal Research], Peking, No. 2, May 1964.

"The Common Program and Other Documents of the First Plenary Session of the Chinese People's Political Consultative Conference," Peking: Foreign Languages Press, 1950, p. 8.

Mao Tse-tung, "On the Correct Handling of Contradictions Among the People," Peking, 1957, p. 8. Ibid., p. 9.

enemy and those among the people." The democratic method of persuasion was to be used to solve contradictions with the enemy.

The theory of contradiction thus stated by Mao has become fundamental to judicial work in the People's Republic of China. In deciding any case, the judicial worker first must categorize it as displaying an antagonistic or non-antagonistic contradiction. Whether an accused is labeled a member of the people or an enemy is crucial to his fate, for the label influences the type of punishment he will face. Unfortunately, Mao provided only very vague criteria for distinguishing a member of the people from the enemy.

In the People's Republic of China, there appear to be no statutes governing common crimes, such as rape, theft, murder, and arson. The courts, in passing judgment on an individual accused of almost any crime, most often can fall back upon the Regulations of the People's Republic of China for Punishment of Counter-Revolutionaries, approved by the Government Council of the Central People's Government, February 20, 1951. Its Article 2 indicates:

"Article 2. Persons committing crimes for the purpose of overthrowing the popular democratic regime and undermining the people's democracy shall be punished in accordance with the present Statute."

The penalties prescribed are quite harsh, death or life imprisonment being stipulated for most specified crimes. Further, its Article 16 provides for crime by analogy, stipulating as follows:

"Article 16. Persons who have committed other crimes for counterrevolutionary purposes that are not specified in this Statute are subject to the punishment applicable to the crimes which most closely resemble those specified in this Statute.

997

By using Article 16, the judge in a Communist Chinese court can stretch the Counterrevolutionary Act so that it covers almost any crime imaginable. Another statute commonly used to punish malcontents, malefactors, and undesirable in the People's Republic of China is the "Decision of the State Council on the Question of Education and Rehabilitation through Labor." This 1957 measure was directed against four categories of persons: 1) tramps, hoodlums, and persons who repeatedly commit theft or fraud in violation of the Regulations Governing Security Control; 2) counter-revolutionary and anti-socialist reactionary elements whose offenses are minor and who are expelled by state and Party agencies, social and mass organizations, and schools, and who cannot earn a living (these first two categories are limited to those whose offenses are not punishable under criminal law); 3) those able to work who refuse to do so over an extended period, or who breach discipline, disturb public order and are now jobless; and 4) those who refuse to accept specific job assignments, those who refuse to be transferred or re-located and those who repeatedly obstruct the performance of official duties and engage in disorderly conduct. Persons in the above four categories may be sent to labour camps for indefinite periods and be put on probation after their release. The decision to commit a person under this measure may be made by different extra-judicial groups of persons, such as civil administrative organs, the police, the unit in which a person works or studies, or his parents or guardians, with the approval of the provincial people's governments. A May 1964 article in the Soviet government newspaper Izvestia said that this measure gave the administrative organs the power to put "practically any Chinese citizen" in special camps "without investigation or trial for unlimited periods." In view of the near legal vacuum existing in the People's Republic of China, it would be impossible to predict the fate of an American citizen traveling in mainland China who was apprehended and charged with a crime. We cannot even be certain that his detention would be publicly admitted nor that the charges against him would be specified. He would not benefit from substantive or procedural

Ibid., p. 19.

Regulations of the People's Republic of China for Punishment of Counter-Revolutionaries. "Survey of China Mainland Press," No. 72 (Feb. 23-24, 1951), p. 1-4. New China News Agency, Peking, February 21, 1951. Also in Current Background, No. 101 (July 24, 1951), pp. 9-11 and in Blaustein (ed.). Fundamental Legal Documents of Communist China, South Hackensack. N.J.: Fred B. Rothman & Co.. 1962, pp. 215-221. Decision of the State Council on the Question of Education and Rehabilitation through Labor, "Chung-hua, jen min kung ho kuo fa kuei hui pien" [Collection of Laws and Regulations of the People's Republic of China], Vol. 6, Peking: Jen min ch'u pan she, 1958, D. 243-244.

8 Summarized by Reuter, Moscow, May 16, 1964, and published in the Washington Post. May 17, 1964. The "Izvestia" editorial, translated into Chinese, was published in People's Daily, July 13, 1964.