LAW, CRIME AND PUNISHMENT offenders are foreigners, are within the jurisdiction of the Intermediate People's Court. 40 Additionally, a Primary People's Court may choose to defer jurisdiction to a higher court. 41

In the trial court, an accused may choose to be represented by counsel, may undertake self-representation, or may choose to have a family member as a representative.42 In a country of over 1.4 billion people, finding a lawyer can be difficult and sometimes quite expensive. The attorneys fees quoted to defendants in the Chinese criminal system are equal to those of any comparable U.S. firm.43 However, when wages are sometimes less than $1000 per year, a fee of over $100 per hour would be insurmountable without assistance. Additionally, rural areas still suffer from a lack of attorneys, resulting in the unavailability of legal assistance." Indigent representation provided by the government, particularly in the urban areas, is becoming more frequent, since it is now required by law.45

All persons accused of a crime have a meaningful right to an interpreter or translator. 46 Within the Constitution of the P.R.C., the right to an interpreter or translator is guaranteed to "any party," whether a Chinese citizen or not.47 In a nation of multiple languages and dialects, this right appears more of a necessity than a privilege. Therefore, the extension of this right to persons of all nationalities is very valuable. This is a critical distinction in the Chinese courts. The Constitution of the P.R.C. provides far more rights to citizens than to non-citizens. This fact is prominent throughout the constitution, where most rights are granted solely to "citizens" and not simply to "persons" or "parties." 4" When such a right is granted to non-citizens as well, it is obviously looked upon as a requirement and not merely an accommodation.

The conduct of a trial necessarily includes the evaluation of evidence presented. Part one, chapter five of the Criminal Procedure Law of the P.R.C. spells out the applicable laws of evidence to be applied in any trial. Article 42 states that, "[a]ll facts that prove the true circumstances of a case shall be evidence[,]" and where evidence is presented, it "must be verified before it can be used as the basis for deciding cases." 49 With this caveat in 40. See id. art. 20. 41. See id. arts. 19, 23. 42. See id art. 32. 43. Interview with attorneys from the law firm of King & Wood in Beijing, China (May 13, 1998). 44. Currently, the P.R.C. reports an approximate ratio of one attorney for each 14,000 persons. 45. See CRIM. PRoc. L. P.R.C. art. 34. 46. See id. art. 9. 47. See XIANFA, art. 134 (1982). 48. See generally XIANFA (1982). 49. Cimu. PRoc. L. P.R.C. art. 42. IND. INT'L & COMP. L. REV. [Vol. 9:1