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THE LEGAL SYSTEM OF MONGOLIA("OUTER MONGOLIA")

By

TIMOTHY E. KEEHAN, J.D.


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The Legal System of Mongolia ("Outer Mongolia")

CHAPTER FvE (E)THE LEGAL SYSTEM OF MONGOLIA

("OUTER MONGOLIA")TABLE OF CONTENTS

1.1. Introduction. 1.1(A). G 1.1(B). C 1.1(C(). E 1.1(D). P, 1.1(E). H

1.2. The Party. 1.2(A). In 1.2(B). Id 1.2(C). M 1.2(D). 0

eography.limate.conomy.eople.istory.1.1(E) (1).1.1(E) (2).1.1(E) (3).1.1(E) (4).1.1(E) (5).1.1(E) (6).1.1(E) (7).

Summary.eology.[embership.rganization.1.2(D) (1).1.2(D) (2).1.2(D) (3).1.2(D) (4).1.2(D) (5).

Early History.Genghis Khan and World Empire.Decline of the Empire.Under Manchu Domination.Revolution and Chaos.Independence.Recent History. I.I(E) (7) (a). Domestic Developments. 1.1(E) (7) (b). The Sino-Soviet Rivalry.

In Summary.First Secretary.Politburo.Central Committee.Congress. 1.3. The Govermmental System.

1.3(A). In Summary. 1.3(B). Council of Ministers. 1.3(C). Presidium. of the Great People's Khural. 1.3(D). Great People's Khural. 1.3(E). Local Khurals.

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Modem Legal Systems Cyclopedia 1.4. The Constitution. 1.4(A). In Summary. 1.4(B). General P rinciples. 1.4(C). Fundamental Rights and Duties. 1.5. The Judicial System. 1.5(A). In Summary. 1.5(B). Courts. 1.5(B) (1). Supreme Court. 1.5(B) (2). Aimak and City Courts. 1.5(B) (3). Aimak Circuit Courts. 1.5(B) (4). Special Courts. 1.5(B) (5). Nonjudicial Arbitration Boards.

1.5(C). Judges and People's Assessors. 1.5(D). Procuratorate. 1.5(E). Penal System. 1.5(E) (1). In Summary. 1.5(E) (2). Types of Punishment. 1.5(E) (3). Penal Institutions. 1.5(F). Law Enforcement. 1.5(F) (1). Ministry of Public Security. 1.5(F) (2). Militia Departments and Offices. 1.5(F) (3). Auxiliary Law-Enforcement Groups. 1.6. Legal Education. 1.7. Legal Profession. 1.8. A New Look at Inner Mongolia.Bibliography.

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The Legal System of Mongolia ("Outer Mongolia")

CHAPTER FIVE (E)

THE LEGAL SYSTEM OF MONGOLIA("OUTER MONGOLIA")

1.1. Introduction. 1.1(A). Geography.

Mongolia is a landlocked sovereign independent country in central Asia. Its area of604,103 square miles is slightly larger than the size of Alaska. Mongolia shares a border ofapproximately 1,700 miles with the Soviet Union to the north and one of about 2,700miles with China to the south. Also known as "Outer Mongolia," it must be clearlydistinguished from "Inner Mongolia," an autonomous region within the People'sRepublic of China. See 1.8, infra.The: terrain is part of a high-level plateau. Several mountain ranges lie along the westerntwo-thirds of the country while the remainder is covered with forest, desert, and steppe.The Gobi desert, composed of arid steppe, sand, and stony desert makes up only a smallpart of the land area. Mongolia has an average elevation of between 3,000 and 5,000 feetwith Nayramdal Uul peak, at 14,350 feet, as the highest point. Water is generally scarce,bu t a considerable river system exists in the north and underground water is available inthe south.' 1.1(B). Climate.

The climate in Mongolia is precarious, marked by short, hot summers and long, harshwinters. Temperatures in January range from 50 F to -22' F, with an extreme of 500below zero, and in July from 500 F to 800 F, with temperatures sometimes soaring over1000 F.2 There is little precipitation; most of the rainfall occurs in late summer and variesbetween 10 and 15 inches in the mountainous northern regions to less than five inches inthe Gobi desert.3The region as a whole is not amenable to extensive development. Apart from the dangerof storms, floods, droughts, and catastrophic earthquakes, Mongolians have had to copewith several human and cattle diseases, poor sanitation, and a capriciously inhospitableclimate which results in unstable grass crops for livestock herding. A severe winter withfreezing temperatures and frequent blizzards may reduce herds by many thousands ofhead. 4

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Modem Legal Systems Cyclopedia 1.1(C). Economy.

Mongolia has a centrally planned socialist economy that is heavily agricultural.Raising livestock has long been the country's primary economic activity, although morethan half of the Mongolian nomadic herders now work on cooperative livestock farmsestablished by the government. Herdsmen keep over 20 million animals, more than half ofthem sheep.Little industry exists in Mongolia, although the government, under Soviet tutelage, hasbegun mining coal and copper and developing transportation links within the country.The chief manufactured products include building materials, processed food, tent framesand felts, and wool and woolen products.Live animals and animal products such as meat, butter, wool, hair, hides and fursaccount for half of Mongolia's output and almost 90% of its exports.5 Principal importsare industrial capital goods such as machinery, equipment, and construction materials.Mongolia is heavily dependent on Soviet aid and technical assistance; 80% of all foreigntrade is conducted with the USSR. Nevertheless, trade links with noncommunistcountries is growing steadily. 1.1(D). People.

The 1985 estimated population of Mongolia is 1,876,000. The population of UlanBator, the capital, is about 450,000. Most of the people live in the countryside where thepopulation density is sparse and widely dispersed. Nomadic life still predominates butcollectivized agricultural and livestock communities are becoming more prevalent. Theseresemble huge ranches with small towns in the center. Although Mongolians havetraditionally scorned agriculture, former nomadic herders now use modern farmmachinery to raise grain and fodder crops.6Mongolia has essentially a homogeneous population; about 90% of the people areMongols. Turkic speakers, such as the Kazakhs, Turvins, and Khotans make up 7%of thepopulation. The remaining inhabitants are Chinese and Russian citizens. There isvirtually no emigration, though over one-and-a-half million Mongols live in the InnerMongolia region of China and about 500,000 live in the USSR.7The official language is Mongolian, written in a special form of the cyrillic alphabethanded down by the Russians.8Tibetan Buddhist Lamaism formerly was the predominant religion in Mongolia.Despite a constitutional guarantee of both freedom of worship and freedom of anti-religious propaganda, the government has effectively suppressed all religious activity andonly a few monasteries remain open.9Education, once limited to monks, is now run by the state and free. Education iscompulsory but many Mongolians drop out of school before completing their requiredeight years of schooling. Nevertheless, the literacy rate, less than 1% n 1924, isnow over80%. Higher education is available in the Soviet Union, where thousands of Mongolshave gone since the 1930's, and at the Mongolian State University in Ulan Bator.' 0Health conditions have improved immensely since the early twentieth century, wherethere were no doctors and hospitals, and no sanitation. Formerly life-threatening diseasesand epidemics are now being contained by preventive medicine. 1.1(E). History.

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The Legal System of Mongolia ("Outer Mongolia") 1.1(E) (1). Early History.

Mongolia was once inhabited entirely by nomads who until the eighteenth centuryfollowed a set pattern of activities, conflicts, and domestic and foreign relationships. Foursteps emerged from this pattern. First, constant and fierce struggles among neighboringtribes, whose frequently shifting alliances seemed to have been made independent ofethnic, racial, or linguistic similarities or differences. Second, there were frequentincursions into the rich Chinese lands to the south and southeast. This was characterizedby pillage, slaughter, and looting which prompted occasional retaliation by Chineseemperors such as punitive expeditions into Mongolia. Third, there was a temporaryconsolidation of all or large portions of the conquered territory under the control of atribe or group oftribes. Fourth, the settling of the victorious nomadic warriors into theirconquered territory (usually northern China) where in a few generations they becameabsorbed completely by the indigent and more numerous Chinese population." 1.1(E) (2). Genghis Khan and the World Empire.

The pattern of activity was abruptly halted toward the end of the twelfth andthroughout the thirteenth centuries by the rise of Genghis Khan and his descendants. In1203, a single Mongolian feudal state was established under his leadership. Genghiscreated a sophisticated military and political organization which exceeded in skill,efficiency, and vigor the institutions of the most civilized nations of the time. 12 UnderGenghis and his successors, the Mongols conquered most of the Eurasian continent andestablished the largest land empire ever, spanning from the Chinese coast and southeastAsia to central Europe and the Middle East.Genghis Khan's grandson, Kublai Khan, proved to be one of the most capable andbeloved rulers of Chinese and Mongol history. Kublai devoted his attention toconsolidating the empire, suppressing dissidence, and establishing law and order. Most ofwhat the medieval western world knew about the Mongols and Asia was the result of thefamous missions and writings of Marco Polo, who earned the trust of Kublai Khan andperformed various diplomatic missions for him.' 3 1.1(E) (3). Decline of the Empire.

Kublai's successors gradually lost influence on the Mongol lands across Asia.Separated from their Mongolian army and Chinese subjects, these later emperors caredlittle about the administration of the country. Their reigns were short and constantlysubjected to internal rivalries and intrigues. Other major factors contributed to the rapiddecline of the empire: a lack of acculturation by the conquerors with their subjects, thesheer size ofthe empire, the small number of Mongols compared to the masses of subjectpeoples, and the fundamental contradiction of a feudal, nomadic society attempting toperpetuate a stable, centrally administered empire.' 4 By the fifteenth century, Mongoliahad reverted to a land of incessant warring tribes.'5 1.1(E) (4). Under Manchu Domination.

The traditional independence of the Mongols was brought to an end in 1691 when theManchus, who conquered China in 1644, had the Khalkha Mongol nobles swear an oath

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Modem Legal Systems Cyclopediaof allegiance to the Manchu emperor. Although essentially under Manchu control andprotection, Mongolia still enjoyed a degree of autonomy. China, however, absorbed thesouthern portions of Mongolia and declared it separate from autonomous or "Outer"Mongolia. In 1727 Russia, which had annexed portions of western and northernMongolia as it expanded westward, signed the Treaty of Kiakhta with Manchu China,delineating the Mongolian border that in large part exists today.' 6 Continuing Russiandesigns on Outer Mongolia were strongly discouraged by China.The Manchus assured their supremacy in Mongolia by diminishing the power of thehereditary Mongol princes and nobles by subdividing their territories and appointingnonhereditary rulers. They also encouraged the expansion of Buddhism which since 1577had been the state religion ofMongolia. The proliferation of monasteries combined withthe flight of manpower was such that by the twentieth century more than a third, perhapsnearly half, of the Mongolian male population was in some way dependent on themonasteries as a monk, a retainer, or a serf of the establishment. Population decreased,not only because of the celibacy of the monks, but also from diseases and epidemicsbeyond the healing powers of Tibetan medicine and shamanist sorcery.' 7The theocratic state in Mongolia was headed by the Jebtsum Damba Khutukhtu, orLiving Buddha, who was the secular as well as religious leader. The Chinese colonialadministrators did everything they could to reduce the power and influence of the tribalkhans and make Mongolia completely dependent on Manchu China. In accordance withthis policy, they treated the Living Buddha as the leading representative and spokesmanfor the Mongols.' 8 1.1(E) (5). Revolution and Chaos.

As the power of the Manchus waned in the nineteenth and early twentieth centuries,Russian influence in Mongolia grew. Immediately after the Chinese Revolution in 1911,Russia supported Mongolian assertion of independence by providing arms anddiplomatic support to nationalists among the Mongol nobles and religious leaders. Byagreements signed in 1913 and 1915, the Russian government forced the new ChineseRepublic to accept Mongolian autonomy under continued Chinese sovereignty, presum-ably to discourage other foreign powers from approaching a newly independentMongolia anxious for support from as many foreign sources as possible. 19The Russian Revolution in 1917 did not diminish Russian interest in Mongolia as thecivil war spilled over into Mongolia in 1919-1921. China reclaimed Mongolia as aprovince and dispatched troops there in 1919. Nevertheless, the young Chinese Republicproved incapable of reestablishing control in Mongolia due to its own political instabilityand to aggressive Soviet reaction once the Bolsheviks secured their rule in Russia.In 192 1,Bolshevik troops entered Mongolia in order to eliminate a Menshevik partisanforce that was threatening Soviet Siberia. A small Mongol forcejoined the Red Army andin a brief campaign they defeated, captured, and killed the Menshevik partisan leader,Baron von Ungern-Sternberg. The Bolsheviks next moved to the Mongolian capital andthere dislodged the Chinese contingent force. 20 1.1(E) (6). Independence.

Mongolia, now under Russian control, was led by two young Mongol revolutionaries,Sukhe Bator and Choibalsan. Both men had studied Communist doctrine and had

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The Legal System of Mongolia ("Outer Mongolia")entered Russia in 1920 to secure military assistance against the Mensheviks and theChinese. They were now hailed as national heroes.The next few years were spent organizing the Communist party and sendingdelegations to Russia to obtain Lenin's approval. The Soviets, in turn, sent missions(including Comintern agents) to "assist" the Mongols in establishing a Communist state.During this time, both Sukhe Bator and the Jebtsun Damba Khutukhtu died. The deathof the Living Buddha left the headship of state vacant. At Russian behest it was decreedthat no search for the next Living Buddha would be made. 21Consequently, Choibalsanbecame the undisputed leader of Mongolia.Under Russian direction, a constitution was prepared which in every detail mirroredthe Soviet Constitution. The Party was named the Mongolia People's RevolutionaryParty (MPRP). A constituent assembly ratified the Constitution and the MongoliaPeople's Republic (MPR) was proclaimed on November 26, 1924.22In the election fo r the first national legislative assembly (called the Great People'sKhural) the voters, still largely unfamiliar with Marxist-Leninist principles, elected manypeople with moderate or conservative views. Party members disapproved of many ofthese "rightists" but as the Party was still weak, they refrained from taking action againstthem. In 1928, however, the so-called rightists were ousted from their positions by themore numerous and better organized Mongolian Revolutionary Youth League (MRYL),under the direction of the Comintern and Choibalsan. 23 Mongolian policies andprocedures followed exactly those of the USSR; flexibility and adjustment to localconditions were increasingly interpreted as deviations and defiance and were increasinglysuppressed. 24Collectivization was started in 1929 with the purpose of increasing livestock, butinstead was a complete fiasco. Nomadic herders, resentful of being told to give upownership of their animals, slaughtered their stock to prevent confiscation. An armedrebellion led by nobles and herders broke out but was quickly and effectively suppressedby the Soviet army. Forced collectivization nonetheless was discontinued in 1932 afterseven million livestock, one-third of the country's economic base, had been destroyed. 25Meanwhile, Choibalsan conducted purges in imitation of Stalin's purges in the USSRat that time. While eliminating the clergy, nobles, and heads of nomadic households,Choibalsan established his position as head of the government, the Party, and the secretpolice. With Soviet encouragement he became a virtual dictator and attempted toestablish for himself a cult of personality. 26In 1937, Soviet troops re-entered Mongolia in response to the Japanese threat inManchuria. Two years later, the USSR, with effective support from the Mongolian army,defeated the Japanese on Mongolia's northeastern border. During World War II,Mongolia furnished the Soviet Union with desperately needed livestock, meat, wool,hides, and furs. Some 80,000 Mongolian troops also assisted the Red Army in itsManchurian campaign against Japan in the last week of the war. 27After the war, Mongolia resumed its economic development. Choibalsan died in 1952and after Stalin died the following year, the Mongolians downgraded the importance ofChoibalsan m uch like the Soviets did with Stalin. Collectivization continued in spite ofreluctance and evasion from the herders, but this time proceeded without violent protestor widespread slaughtering of livestock. 1.1(E) (7). Recent History.

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Modem Legal Systems Cyclopedia 1.1(E) (7) (a). Domestic Developments.

Yurii Tsedenbal succeeded Choibalsan as head of the Party and State. Under hisleadership, Mongolia has become an increasingly industrial and agricultural society.Traditional disdain for work not related to herding nevertheless remains and it is stilldifficult to recruit Mongols for factory or construction work. Massive Soviet aid ratherthan Mongolian ingenuity is wholly responsible for a sustained rapid industrial growthrate. The basic livestock economy, in contrast, has not improved despite decades of rules,regulations, and reorganization. Mongloia's herds number less than 25 million animalsand has not grown significantly in the past 40 years. 28 Moreover, Mongolia has aburgeoning trade deficit which continues to grow annually.2 9

The Party is still composed of a vanguard elite. Only 4% of the population aremembers, on e of the smallest proportions among Communist nations. The MPRPcontrols every facet of life and there is no outlet for expression of discontent. A basicMongolian pride and sense of individualism still exists, but the Party remains in firmcontrol of the country's destiny. 30

Mongolia's leaders strive to imitate the Soviet socialist experiment in every waypossible, taking into account special conditions peculiar to Mongolian society. TheSoviet Union provides funds for construction and development in exchange for strictquotas for Mongolian meat and loyal MPRP leadership. In fact, little has occurred in theMongolian People's Republic that did not originate with, or was not approved by, theSoviet Union.3' On the other hand, the MPRP has shown it will not slavishly follow aninflexible pro-Soviet line, as witnessed by the Politburo's recent deposal of Tsedenbalfrom the top posts in the Party and the government.3 2 Moscow can influence but notdictate who will rule in Ulan Bator. 1.1(E) (7) (b). The Sino-Soviet Rivalry.

Mongolia's foreign relations have traditionally been concentrated on its two neighbors,China and Russia. After independence, Mongolia sided with Russia against China inorder to secure its sovereignty. In the early 1960's, the MPR tried to maintain a neutralposition between Soviet Russia and Communist China amid the rising polemics betweenthe tw o powers.

In 1966, however, Mongolia reverted to its pro-Soviet stand and signed a Treaty ofFriendship with the USSR. Among the provisions was the entry of Soviet forces into theMPR as part of a general Russian military build-up along the Sino-Soviet frontier.Several factors motivated this shift: historical Sino-Mongol antipathies, continuedalleged border violations by the Chinese despite a 1964 demarcation, statementsattributed to Beijing expressing a continuing desire to re-annex Mongolia, and heavyMongolian dependence on Soviet aid. 33

Mongolia rigidly adheres to the Soviet line in foreign policy, supporting Soviet militaryintervention in Afghanistan and Soviet activities in Central America, Cuba, and Africa.Unrelenting criticism ofChinese policies never ceases, and Mongolia has expelled severalChinese nationals from its territory for alleged criminal activities. In addition, it hasincreased Mongolian and Soviet troop strength along the Sino-Mongol frontier,supposedly in retaliation for the Chinese military buildup along the border. More than 40Soviet divisions are presently stationed in Mongolia, with another 35,000 Soviet expertsand advisors. 34

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The Legal System of Mongolia ("Outer Mongolia')The USSR sees Mongolia not merely as an ally, but as an investment and bulwarkagainst possible Chinese aggression. China, on the other hand, is extremely wary of thelarge Soviet presence in Mongolia and critical of Mongolian subservience to the USSR.Beijing has repeated its demand that the Soviet Union withdraw forces from Mongolia as

a condition for full normalization of Sino-Mongolian relations. Mongolia has repeatedlyinsisted that this demand constitutes interference in Mongolia's domestic affairs. Thisparadigm explains why Mongolia remains firmly aligned with the Soviet Union. 35 1.2. The Party. 1.2(A). In Summary.

The Mongolian People's Republic is modeled on the Soviet party system. Thecommunist Mongolia People's Revolutionary Party (MPRP) is the only political partyallowed in Mongolia. The preamble of the Constitution states that all power is vested inthe Party, "the guiding and directing force," which dictates the political and economicorientation of the State and society.36 Its auxiliary organization, the MongolianRevolutionary Youth League (the MRYL or Revsomol), has more than 90,000 members.Because half of Mongolia's population is under 25, the Revsomol is a significant force inMongolia's social and economic transformation.3 7 1.2(B). Ideology.

The MPRP is wholeheartedly committed to the establishment of a State and societybased on the principles of Marxism-Leninism. Since there is only a tiny industrialworking class, however, the Party seeks to instill in all Mongolians a sense of politicalstruggle, solidarity, and a devotion to building a communist society regardless of theiroccupation. Centralized decision-making occurs on the national level but some localautonomy is granted to solve problems that take into account particular urban or ruralconditions. 1.2(C). Membership.

The size of the MPRP is intentionally small and thus membership is difficult to obtain.Nevertheless, Party membership has grown from approximately 14,000 in 1940 to 48,000in 1966 to 67,000 in 1981. Government officials make up half the Party membership,workers about 30% and farmers and herdsmen about 20%.38 Like the USSR, Mongoliaisemphasizing the recruitment of more young people and more workers into the Party.39Still, the Party members, at only 4% of the population, represent a very favored elite.Although membership is open to anyone, those with a superior education anddemonstrable loyalty to Marxist-Leninist ideology are most likely to be chosen ascandidates. Party leaders usually emerge from those who go to the USSR for highereducation and training. The Party seeks to develop a "socialist elite" who will lead theState politically as well as economically and socially.40 1.2(D). Organization.

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Modem Legal Systems Cyclopedia 1.2(D) (1). In Summary.

The Constitution specifies that democratic centralism is the fundamental principle oforganization and functioning of all state bodies.4' Within the Party, however, alldecisions are made by the 10-man Politburo and implemented by the Party's FirstSecretary.4 2

1.2(D) (2). First Secretary.The Party's First Secretary is also the Prime Minister in the government. By combining

the top positions in the Party and the government, the First Secretary wields morepersonal power than is found in the current Soviet model. Consequently, it is he whoshapes the policies of the Party and of the State. His power, however, is not total;decisions must be made within the Politburo, and the Central Committee has the power tostrip the First Secretary from his post if he is believed to be no longer fit for duty.43 1.2(D) (3). Politburo.

Composed of seven members and two candidate-members, the Politburo is the leadingcollective decision-making body in the Party system. Although formally responsible tothe Central Committee for its activities, the Politburo in actuality effectively controls theCommittee. Following the Communist practice, Politburo members usually hold veryhigh posts in the government. 44 1.2(D) (4). Central Committee.

Members of the Central Committee, who appoint and dismiss Politburo members, arethemselves nominally appointed by the Party Congress. Currently there are 61 fullmembers and 61 candidate members. 45 The Committee's main function is to overseegovernment legislation and administration, and the activities of the mass organizations.The Committee consists of eight departments in the areas of:

(1) Defense;(2) Political defense forces (secret police);(3) Cadres;(4) Organization and instruction;(5) Foreign affairs;(6) Industry, transportation, and trade;(7) Animal husbandry and agriculture; and(8) Agitation and propaganda.4 6

1.2(D) (5). Congress.The Party Congress meets periodically to rubberstamp the policies of the Party and the

government. As the highest Party organ, the Congress is responsible for the developmentof the Party goals and orientation as well as for the election of the First Secretary andmembers of the Central Committee. This national party apparatus is duplicated in thelower levels of Mongolia territorial and governmental jurisdiction.47

1.3. The Governmental System.

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The Legal System of Mongolia ("Outer Mongolia") 13(A). In ummary.

Because Mongolia is a one-party state, leaders of the MPRP frequently hold the topgovernment positions. Politburo members occupy the offices of Premier, First DeputyPrime Minister, and two of the six Deputy Premiers. Similarly, the key members of theGreat People's Khural are ranking party officials. Almost half of the members of theCentral Committee, in fact, occupy government posts, usually the most important ones.The only additional poltically important persons are a small handful of military andindustrial leaders, who are also members of the Central Committee. This ensures that thegovernment's programs are in accord with the will of the Party.48Elections are also controlled by the Party. Participation in the electoral process merelyrequires the selection of one candidate for each elective position; disapproval can bevoiced only by crossing out names. The sole political struggle occurs within the Partyranks and are often resolved through the imprisonment or purging of opponents by thosein power.

49

1.3(B). Council of Ministers.The Council of Ministers is the highest executive organ in the government. Its activities

are directly accountable to the Great People's Khural or, in the intervals between Khuralsessions, to the Presidium of the Great People's Khural. 50 The work of the governmentMinistries and Departments is organized on the principle of personal managerialresponsibility and collective discussion and resolution of problems. 5' Individual ministersissue orders and instructions on matters within their respective area and verify theirexecution. All are either members or candidates of the Party's Central Committee. 52Among the important functions of the Council of Ministers are:(1) Coordinating and directing the work of the Ministers and special agencies under itsjurisdiction in their guidance of state, economic, and cultural organization;(2) Guiding the planning of the economy, adopting measures for the implementationof the state economic plan and of the state and local budgets, and exercising controlover the implementation of finance and credit policy;(3) Exercising general direction in the sphere of relations with foreign states, and amonopoly in foreign trade matters;(4) xercising general guidance in matters concerning the defense of the country andthe organization of the armed forces and determining the contingent of citizens to

be conscripted for military service;(5) Adopting measures to ensure public order and protect personal and property rightsof citizens;(6) Directing and guiding the work of the aimak (town) executive boards of theKhurals of People's Deputies; and(7) In case of necessity, amending or repealing the orders and instructions of theMinistries and of the bodies under the jurisdiction of the Council of Ministers andother administrative bodies. 53

.3(C). Presidium of the Great People's Khural.The Presidium is the interim legislative body of the national Great People's Khural. It isdefined by the Constitution as "the highest organ of state power in the period between

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Modem Legal Systems Cyclopediasessions of the Great National Khural."54 Composed of a Chairman, Vice-Chairman,Secretary, and six other members, the Presidium assists in approving and administeringthe Party's programs and policies.

The Presidium's extraordinary powers include:(1) Exercising control over the application of the Constitution and the laws of the

MPR;(2) Ordering elections of the Great People's Khural;(3) Interpreting separate laws;(4) Issuing decrees;(5) Amending decisions and orders of the Council of Ministers and of the local Khurals

of People's Deputies in the event of their being unconstitutional;(6) Exercising the right of pardon;(7) Appointing and recalling diplomatic representatives of the MPR to foreign states;(8) Ordering general or political mobilization; and(9) On the representation of the Council of Ministers, approves the formation or

abolition of aimaks (towns), somons (khorons), and also their administrativesubdivisions. 55

On the expiration of the term of office of the Great People's Khural, its Presidiumremains in office until the newly-elected Great People's Khural forms a new Presidium. 5 6 1.3(D). Great People's Khural.

The Great People's Khural is ostensibly the highest organ of state power in Mongoliaand is delegated exclusive legislative power by the Constitution. 7 The Khural is aunicameral body comprising 354 members, 328 members of which are members of theMPRP.58 Deputies are elected for a term of four years from election districts of 4,000people, each district electing one deputy.5 9The right ofnominating deputies is reserved tosocial organizations and workers' societies, Party organizations, trade unions, youthorganizations, nomads' unions, cultural societies, and other "working-class bodies." 60Those elected may not be arrested or prosecuted without the sanction of the GreatPeople's Khural or its Presidium. 6'

As previously stated, the Great People's is in actuality a forum for accepting programsand policies already determined by the Party and filtered through its Presidium. Theinability of the Khural to exercise its "exclusive legislative power" effectively iscorroborated by the requirement of convening only once every year in sessions seldomexceeding on e week. The deputies are not really expected to legislate but rather approve,by a simple majority, the bills submitted for a vote, and then return to their places of workto publicize and propagandize the new laws passed. 62

The formal powers given to the Great People's Khural include:(I) Approval and amendment of the Constitution;(2) The passing of laws;(3) The determination of basic principles and measures in the sphere of domestic an d

foreign policy;(4) Election of the Presidium of the Great People's Khural;(5) The formation of the Council of Ministers;(6) The examination and approval of the economic plan of the Republic;

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Th e Legal System of Mongolia ("Outer Mongolia")(7) The examination and approval of the state budget and the report on its realization;and(8) The confirmation of decrees adopted by the Presidium of the Great People's

Khural in the period between sessions of the Great People's Khural and subject tothe approval of the Great People's Khural.63In addition, the Great People's Khural elects its Chairman and four Vice-Chairmen. TheChairman presides at the Khural's sessions and takes charge of all proceedings. 64

1.3(E). Local Khurals.Government at the local level is run by the Khurals of People's Deputies in the aimaks(provinces), towns, somons, and khorons (the latter two being subdivisions of aimaks andtowns). Representatives are elected for three-year terms by the population of their

respective territories. 65 There are currently over 15,000 deputies serving 18 aimaks andover 300 somons. The latter are the basic units of administration, and are coextensive withthe agricultural collectives which have been established throughout the country.66Regular sessions of aimak and town khurals are convened at least twice a year; those forsomons at least three times. 67These local bodies elect executive boards with responsibili-ties commensurate with the Presidium of the Great People's Khural. The higher khuralshave the right to amend or annul the decisions of the lower khurals and their executiveboards.68The major task of the local khurals is to guide the economic, cultural, and politicaldevelopments within their territorial divisions and to ensure the strict implementation ofthe decisions of the higher organs of government. Moreover, the local khurals mustensure the extensive and active participation of the working people in their activities. 69Thus, the ordinary citizen is no longer accorded the right of noninvolvement in publicaffairs. 70 1.4. The Constitution. 1.4(A). In Summary.

The third and present MPR Constitution was drawn up by Party's Central Committeeand adopted by the Great People's Khural on July 6, 1960. The Preamble emphasizes thedominant role of the Party and discusses the historical struggles and successes of theMongolian revolution, attributing them largely to the aid rendered by the Soviet Union.The future goal of completing the construction of socialism and building a Communistsociety are also cited. 7' 1.4(B). General Principles.

The Constitution describes the Mongolian People's Republic as "a socialist state ofworkers, arats (herdsmen and farmers), and working intellectuals, based on the alliance ofthe working class and the arats. ''72 In this "People's Democracy" power belongs to the"working people" exercised through their representatives, the Khurals of People'sDeputies.73 The deputies are responsible and accountable to their electors.74All land and natural resources are the property of the State. 75 Socialist property in the

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Modem Legal Systems CyclopediaMPR is divided into two forms: State property (belonging to "the entire people") andcooperative property (belonging to agricultural associations and the like).76 The lawprotects personal property such as income and savings, dwelling houses, and personally-owned small holdings, as well as the right to inherit property. Personal property,however, cannot be used to the detriment of the State.77The economy of Mongolia is determined and directed by a single state economic planwith a view of ensuring the continuous growth and development of the country'sproductive forces and continuous rise in the standard of living. The guidance of theeconomy is accompanied by the strictest accounting and control over production,distribution, labor, and consumption. 78

Amendments to the Constitution must be adopted by a two-thirds vote from the GreatPeople's Khural.79 A unique provision calls for the abolition of the Constitution when theexistence of the State Will be replaced by a communist association of working people.80 1.4(C). Fundamental Rights and Duties.

All citizens of Mongolia enjoy equal rights irrespective of sex, race, nationality,religion, or social origin or position. 81 Mongolians have the right to work, to receivewages, to receive State assistance when old or disabled, to receive a free education, and topractice a religion. 82 Moreover, citizens are guaranteed the inviolability of the person andthe home, and the secrecy of correspondence. 83 Political rights include the right toparticipate in the political process, to vote (if 18 years of age or older), and to enjoyfreedom of speech, press, and assembly.84 An interesting provision even gives to thepeople the right to submit complaints concerning bureaucratic maltreatment or redtape.

85The fundamental responsibilities of Mongolians include the duty to devote al l efforts

and knowledge to the building of socialism; to conform strictly to the Constitution, thelaws, labor discipline, and socialist rules and to struggle actively against all anti-socialmanifestations; to give priority to State and social interests; to promote friendship andsolidarity among socialist peoples headed by the Soviet Union; to preserve State secretsand be vigilant against enemies; to serve in the People's Army; and to "fulfill impeccably"all civic duties and to demand the same of other citizens. 86

Although the constitutional provisions would seem to indicate otherwise, individualfreedoms are in reality quite limited. Article 87, for example, states that the freedoms ofspeech, press, assembly, and the freedom to hold demonstrations and processions are"ensured by placing at the disposal of the working people and their organizations thematerial requisites for their realization." Because the Party has the power to ensure theexercise of these freedoms by making the material requisites available, it ha s the power todeny the same freedoms by withholding the material requisites. Consequently, thesefreedoms may be exercised only if they "strengthen the State system of the MPR."87 1.5. The Judicial System. 1.5(A). In Summary.

Justice in the Mongolian People's Republic is administered by the Supreme Court ofthe Republic, aimak and town courts, aimak circuit and special courts.8 8 Responsibilities

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The Legal System of Mongolia ("Outer Mongolia")are shared with the Office of the Procurator of the Republic, and the aimak, town, anddistrict procurators appointed by him.89 According to official accounts, the judicial andprosecutorial functions are closely associated because both are fulfilling the common taskof guaranteeing and reinforcing socialist law and order in the MPR.90The organization and duties of the judiciary and the procuracy derive from thedirectives of the Presidium of the Great People's Khural of September 22, 1958. 91According to that document, justice in the MPR has as its purpose the defense of the Stateagainst encroachments of the social and governmental order, State, communal, andco-operative property, and of the political and personal rights of citizens as guaranteed bythe Constitution. 92All cases are heard in public. The accused is guaranteed the right to be heard andsentenced upon conviction within one month of his alleged crime or his arrest, or he isautomatically absolved.93 The defender need not necessarily be an advocate; representa-tives from trade unions and other social organizations, close relatives, and legalrepresentatives of the accused may also act. 94 Open court sessions are allowed underspecial provisions made by law. 95 Court proceedings are conducted in the Mongolianlanguage. Persons not knowing the language are guaranteed the right to acquaintthemselves fully with the material of the case through an interpreter and likewise the rightto use their own language in court.96 These constitutional guarantees lack substance,however, because the legal process is but an extension of the political process; the law isapplied according to the Party's interpretation of ustice in a Marxist-Leninist society.97 1.5(B). Courts. 1.5(B) (1). Supreme Court.

As the highest judicial body in the MPR, the Supreme Court is charged with theguidance and supervision of all judicial bodies in the MPR and their activities. 98 TheCourt is composed of a Chairman, a Deputy Chairman, members, and jurors calledpeople's assessors. 99 Members of the Supreme Court are elected by the Great People'sKhural for a term of four years and are responsible and accountable to the Khural and itsPresidium.100

The Supreme Court may take jurisdiction over some cases, presumably those posingserious difficulties or problems of legal procedure or jurisprudence, or those posingserious dangers to the State that would usually be tried by military or railway courts. 0'The Court directs, inspects, and reviews the work of the lower courts, supervises alljudicial work in the State, and formulates the national legal policies. General sessionsmust be held at least once a month, which is attended by the Procurator or his deputy.Members reach decisions by majority vote. Such sessions may change previousinterpretations of the law, but not the Constitution. Only the Presidium of the GreatPeople's Khural has the right to review and reverse decisions reached by the SupremeCourt in general session or in court cases. The Supreme Court itselfhas a presidium whichexamines the work of the lower courts and investigates the general causes of crime in thecourts. 102

1.5(B) (2). Aimak and City Courts.Aimak (provincial) and city courts try all criminal and civil cases involving up to 50,000

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Modem Legal Systems Cyclopediatugriks (about $15,000), except cases that fall under the jurisdiction of the SupremeCourt, special courts, and state arbitration organs. 103Members of these courts are electedfor three-year terms by the local khurals. 104 They cannot try cases on appeal or underinvestigation by other courts but they may examine appeals and protests against thecircuit courts, presumably before sending them for formal appeal to the Supreme Court.Aimak and city courts engage in crime prevention, the popularization and propagandiza-tion of laws, and the supervision of the circuit courts. 105 1.5(B) (3). Aimak Circuit Courts.

There are almost 100 circuit courts throughout Mongolia, five to seven in each aimak.Each court has jurisdiction over several somons and khorons and deal with criminal andcivil cases, and complaints from the people. Aimak circuit courts are mobile and sit wherethe crimes were committed or where civil cases arose.106 Judges and jurors are elected bythe people for a term of three years.' 07 In addition to hearing and deciding cases, thecircuit courts promote knowledge of the laws and work for crime prevention. 108 1.5(B) (4). Special Courts.Special courts are divided into military courts and railway transport courts. Each courtconsists of a chairman, deputy chairman, members, and people's assessors elected by the

Great People's Khural for a three-year term.Military courts try cases dealing with military personnel, firemen, militiamen, and

supervisors. Railway courts try cases involving the operations of railway lines and withcriminal and civil offenses committed by railway workers. Trials are conducted by a singlejudge, assisted by two people's assessors. 109 1.5(B) (5). Nonjudicial Arbitration Boards.

Arbitration boards were established in the 1960's to mediate differences arising fromcontractual obligations among public and cooperative enterprises and organs. Arbitrationboards may investigate and render binding decisions only with the consent of suchenterprises and organs.'O 1.5(C). Judges and People's Assessors.

All courts cases are tried by permanent judges together with people's assessors unlessspecial provisions are made by law.II Citizens of Mongolia who have reached 23 years ofage and have never been convicted are eligible to become judges and people's assessors."12Judges are independent in their examination of cases and are subject only to the law." 3They conduct trials in the presence of people's assessors who sit on the bench with thejudges. Both the judges and assessors hear the evidence, question the witnesses and theaccused, examine the case as presented by the procurator, and participate in findings offact and sentences. Only the judge, however, may rule on a question of law or itsinterpretation. A people's assessor may serve for no more than 20 days per year, unless thenature of a case or crime requires otherwise."t 4

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The Legal System of Mongolia ("Outer Mongolia") 1.50)). Procuratorate.

The Constitution gives to the Office of the Procurator supreme supervisory power overthe strict observance of the laws by all Ministries and other central administrative bodiesand the institutions and organizations subordinated to them, by local bodies, by all publicand cooperative organizations, by all officials, and by all citizens.' Is The Procurator isappointed by the Great People's Khural for a four-year term and is responsible andaccountable to the Khural and its Presidium."16The procurator appoints aimak, town, district, and sectoral procurators for three-yearterms. 117 Local procurators are subordinated only to the procurator of higher rank; thus,the procuratorial system parallels that of the courts, and its chain of command extendsunbroken from top to bottom. 118 As a strong arm of the party for implementing itsnational policies, the Office of the Procurator serves as a check on the entire court system,as well as on the government apparatus. 19

The procurator of the MPR is authorized to review the activities of the Ministry ofState security and its subsidiary organs, all organs of inquiry, and all militia and judicialorgans. He reviews cases, takes account of sentences, and checks on the legality ofdetentions and on prison conditions. In addition to these powers, the Procurator:,(I) Supports the public prosecution work in each locality;(2) Issues arrest warrants and confirms indictments;'(3) Protests against laws he believes illegal or unconstitutional;(4) Checks the legality of resolutions;(5) Ensures that state orders and regulations are properly issued; and(6) Supervises all public prosecutors and the investigative apparatus. 2 0

1.5(E). Penal System. 1.5(E) (1). In Summary.

According to the Criminal Code, the sentences of convicted persons aim at reeducating,correcting, and converting individuals into honest, law-abiding workers, rather thaninflicting bodily suffering, humiliation, or injury against a person or his dignity. If anappeal results in a sentence reversal, punishment wrongly inflicted makes the responsibleofficial liable to criminal court proceedings or disciplinary action. 121 1.5(E) (2). Types of Punishment.

-Punishmentsconsist of imprisonment, deportation from the country, correctional andeducational labor, prohibition from holding public executive or managerial jobs, fines,public :reprimands, confiscation of -private property, deprivation of military rank orspecial honorary titles, expulsion from one's native province, and loss of the right toperform official work. Penalties against violators of public order consist of warnings,public rebukes, fines, imprisonment, and compulsory labor for five to 30 days. Fortreason, espionage, public subversion (which covers a variety of anti-state crimes),murder, and armed banditry, the death penalty may be imposed. No men under 18 or over60:years of age and no women may be sentenced to death. 22Prison sentences are generally limited to terms from six months to 10 years, bu t

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Modem Legal Systems Cyclopediarepeated criminal acts may be punished by prison terms ofup to 15 years. Terms spent injail awaiting trial count toward completion of the sentence. Probation is permissibleanywhere after one to five years have been served in prison. There are statutes oflimitation for most crimes. Pardons may be granted. In an effort to reduce recidivism, theParty continues to place emphasis on parole and the reeducation of criminals. 23

1.5(E) (3). Penal Institutions.Mongolia maintains both prison camps and "correctional" or "educational" colonies, adifference only in the degree of severity. There are also detention camps for minoroffenders, designed to rehabilitate them by "socially useful labor." Such labor takes the

form of town improvement projects, cleaning the streets, and repairing buildings.Laborers receive neither food nor wages; food either must be purchased or provided bythe convict's family. Local jails exist for brief detentions (24 hours or less) of intoxicatedpersons or those awaiting indictment. 24

1.5(F). Law Enforcement. 1.5(F) (1). Ministry of Public Security.

The Ministry of Public Security controls the national police apparatus commonlycalled the militia. The Ministry is responsible for overseeing the internal passportsrequired to be carried by all citizens aged 16 or over, and for enforcing the passportregulations. A passport is necessary for travel within the country. Persons wishing totravel must first obtain permission from the militia, and then upon arrival at theirdestination must register with the militia. Thus, a tight control is imposed upon themovement and whereabouts of all citizens in Mongolia. 25 1.5(F) (2). Militia Departments and Offices.

The militia, the government's national police force, has a department in each aimak andan office in each district. The militia's dual task is to handle internal passport registrationand conduct criminal investigations. Local procurators supervise the militia's crimedetection work. Militia investigators are expected to have strong political convictions, aworking knowledge of jurisprudence, varied working experience, loyalty, honesty, and asense of duty to the State. 26 1.5(F) (3). Auxiliary Law-Enforcement Groups.

Several governmental and public organizations have been established to help the policemaintain law and order. Public brigades and anti-crime commissions have beenorganized as auxiliaries to assist in crime detection and prevention, in gathering evidence,in observation of public gatherings, in recovering stolen property, and in tracking downescaped prisoners. Moreover, these activist citizens may occasionally serve as deputysheriffs or special policemen.127 1.6. Legal Education.

Legal education at the university level was not available in Mongolia until 1960, when

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The Legal System of Mongolia ("Outer Mongolia")30 full-.time students enrolled in the law division of the Mongolia State University. By1980 there were 100 full-time students per year pursuing the law degree. Law still does notconstitute an individual faculty but rather is a division within the Faculty of SocialSciences. Secondary legal education is offered on a limited basis to train court archivists,clerks, and paralegals. The five-year course of law study replaced the four-year degreecourse in 1973, bringing the Mongolian system into conformity with that in most socialistcountries. The most promising students usually are sent to the USSR to pursue their lawdegree or engage in postgraduate research.128Like the Soviet Union, Mongolia is relying to an ever-increasing extent on law and thelegal system to discipline the national economy and individual and collective behavior. Inaddition, greater emphasis is now placed on links between classroom learning and actuallegal practice; new subjects have been reduced to allow time for specialist seminars. Sovietlegal specialists have come to Mongolia to lecture and share their experience, and formalties have been established between the Irkutsk State University in the USSR and theMongolia State University. 29The basic course of study offered in law is analogous to that of Soviet universities:required general courses in political economy, history of the Party, basic principles ofMarxism-Leninism, history of bourgeois and socialist legal doctrine; history of Mongolianstate law, Mongolian civil law, criminal law, administrative law, family law, criminal and'civil procedure, land law, law of agricultural associations, economic law, financial law,international law, court organization, forensic statistics, and others. In their third year ofstudy students choose to prepare for either court and procuracy work or administrativeand economic agencies. Contacts are maintained with the courts, procuracy, and otherlegal agencies so that the students may become acquainted with their actual operations. 3 0 1.7. Legal Profession.

There are about 110 advocates in the MPR, 35 of whom work in the capital, Ulan,Bator. Twenty-four legal consultation offices exist throughout the country, eachcontaining at least two advocates. There are also part-time practitioners whose namesappear on the roll of the College of Mongolian Advocates.' 3'Legal fees are paid not to the advocate directly but to the legal consultation office. Theadvocate receives instead a fixed percentage of his fees and the balance goes to the Statefo r overhead expenses. Each advocate is guaranteed a minimum monthly wage by theState depending on age and experience; more experienced advocates are entitled tocharge higher fees. Clients may consult a fee schedule in each legal consultation officewhich shows the fees charged by each member. A client is free to choose the advocate heprefers as long as the individual is available and able to accept the work. 32Advocates and other legal personnel spend much of their time preparing lectures,articles, booklets, television, and radio appearances fo r the Mongolian citizen on legalsubjects. This strategy of familiarizing the layman with the law is pursuant to a planadopted by the College of Mongolian Advocates and coordinated with the Ministry ofJustice, the latter of which is primarily responsible fo r organizing legal propaganda in theMPR. As a result, advocates have provided assistance to hundreds of mass initiativeorganizations, including social courts, labor dispute commissions, people's controlgroups and posts, and have reached about 150,000 persons through their legalpropaganda network.133

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Modem Legal Systems Cyclopedia 1.8. A New Look at Inner Mongolia.*

"A decade ag o the once mighty Mongols, along with many of China's other ethnicminority groups were victims of the violent excesses of the Cultural Revolution. Butrecently Peking has adopted a more benevolent policy, and the Inner MongoliaAutonomous Region of the People's Republic of China is now enjoying something of arevival.

"On a green, windblown hilltop in the Eerduosi Plateau sits the grave of Genghis Khan,the Mongol conqueror who ruled one of the greatest land empires in history. After hisdeath in 1227, grandson Kublai Khan ordered 500 Mongol families to settle near therevered grave and guard it in perpetuity. The dutiful descendants of those families are stillthere. But while their vigil has remained the same for centuries, virtually everything else inInner Mongolia has been buffeted by the modernizing winds of change of a sort thatwould have baffled Genghis Kahn. Many Mongols have forsaken their yurts, or portablefelt tents, for modern apartments. Youths have developed a taste for Western clothes anda passion for disco dancing. And the American movie "Rambo: First Blood Part II" hasalready reached the steppes, where it is now wowing locals eager to see SylvesterStallone-billed as "The Ultimate He-Man in Action!"

"The new Mongolia would have been impossible to envision 10 years ago. During theCultural Revolution, Genghis Khan was officially reviled for the suffering he inflictedupon millions as his Mongol troops slaughtered and pillaged their way across CentralAsia in the 13th century. But Chinese and Mongolian Red Guards were hardly morecompassionate as they vented their ideological rage upon the 20th-century Mongols. InInner Mongolia, where there are five times as many Chinese as native Mongols, some10,000 Mongols and Chinese were killed in bloody battles that even the People's Dailylater called an "unprecedented, titanic disaster." Mongolian customs, language andreligion were suppressed. Priests were beaten and temples were destroyed. Karti, a68-year-old guardian of Genghis Khan's tomb, recalled that he was branded a "monster"by rampaging Red Guards, who 'beat me up when I tried to protect the relics.'

"Peking's policy underwent a complete about-face under Deng Xiaoping, who has triedto make amends for the brutalities. In 1980 Peking formally resurrected Genghis Khan tohis lofty status of folk hero and put crews to work to restore his mausoleum. Though notyet completed, the shrine-which consists of a 15-foot statue and a tomb built in theshape of three Mongol yurts-was opened to foreigners in August, 1985. Westerndiplomats in Peking view the gesture as a signal to China's three million Mongols thatthey have been granted official blessing to pursue their culture. One likely byproduct ofany Mongolian renaissance is a surge in tourism in a region that has been closed toforeigners, an economic boomlet of which Peking is undoubtedly aware.

"The warming trend in Sino-Mongolian relations comes amid signs of a mild thawbetween Peking and the "other" Mongolia-vast Outer Mongolia, an independent butpro-Soviet state that serves as a buffer between China and the Soviet Union. Chinese andMongolian negotiators are scheduled to meet to discuss the opening of a border tradingpost. And for the first time since the early 1960s, a Mongolian folk-arts troupe will tourChina and Inner Mongolia. Peking's overtures to its northern neighbor also mirror agradually improving relationship with the Soviet Union itself. That point was underscored*NEWSWEEK/SEPTEMBER 23, 1985.

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TheLegal System of Mongolia ("Outer Mongolia")at a Moscow banquet given by Soviet party chief Mikhail Gorbachev where Mongolianleader Zhambyn Batmunkh emphsized that he was 'following with interest the course ofnormalizing Sino-Soviet relations.'

"Whatever Peking's ultimate goals, its reforms are improving the quality of life in InnerMongolia, steppe by steppe. Official propaganda portraying Mongols as "relaxed,carefree and happy" should still be viewed with skepticism. All is not tranquillity and joy.Yet everyone, from herdsmen on the grasslands to barley and millet farmers trekking tothe tomb of Genghis Khan, says Peking's reforms are welcome. They can sell meat orproduce privately and at a profit. Some employ Chinese as herdsmen for their sheep andcamels; others work at the steel mill in Baotou. And Buddhists, having few survivingtemples to pray in, can now make offerings at aobao, the conical stone mounds that dotthe region's vast, arid grasslands.

"A s in the rest of China, modernization in Inner Mongolia has been flanked byWesternization. Women have taken to pantsuits and blue jeans. And in 1984 a team fromthe ever-so-British Royal Hong Kong Jockey Club visited Inner Mongolia's capital ofHohhot to teach Mongol horsemen the finer points of dressage. "Western-style showjumping is different from our style of riding," said one Mongol. "We're used to goingthrough hoops of fire or doing headstands in the saddle." Still, some Mongols are alreadygoing in for black riding jackets, tallyho riding caps and jodhpurs. No one would everaccuse the Mongols of going soft as the result of all the modernization."

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Modem Legal Systems CyclopediaBibliography

BOOKSBlanchard, Wendell and Trevor N. Dupuy. Area Handbook for Mongolia. Washington:The American University, 1970.Blaustein, Albert P. and Gisbert H. Flanz. Constitutions of the Countries of the World:Mongolian People's Republic. New York: Oceana Publications, Inc., 1981.Butler, W.E. and A.J. Nathanson. Mongolian-English-Russian Dictionary of Legal Termsand Concepts. London: Martinus Nijhoff Publishers, 1983.Butler, W.E. The Mongolian Legal System: Contemporary Legislation and Documentation.London: Martinus Nijhoff Publishers, 1982.Riasanovsky, Valentin A. Fundamental Principles of Mongol Law. Bloomington, Indiana:Indiana University Publications, 1965.Rupen, Robert. How Mongolia is Really Ruled: A Political History of the MongolianPeople's Republic 1900-1978. Stanford, California: Hoover Institution Press, 1979.Sangidanzan, D. Courts of the Mongolian People's Republic. London: University College,1980.UNESCO Statistical Yearbook 1983.

ARTICLESBradsher, Henry S. "The Sovietization of Mongolia." Foreign Affairs, 50 (1972), 545-53.Butler, W.E. "Mongolian Foreign Trade: The Legal Framework." Journal of WorldTrade Law, 14 (1980), 329-37.Ginsburgs, George. "Local Government in the Mongolian People's Republic 1940-1960."Journal of Asian Studies, 20 (1961), 489-508.

-_. "Mongolia's Socialist Constitution." Pacific Affairs, 34 (1961), 141-56.Heaton, William R. "Mongolia in 1982: Looking Forward but Also Back."Asian Survey,23 (1983), 47-52."Mongolia at Fifty." Pacific Affairs, 47 (1974), 485-99.

"Mongolia: Troubled Satellite." Asian Survey, 13 (1973), 246-51."Mongolia: Looking Forward at Fifty." Asian Survey, 12 (1972), 69-77.

Michael, Franz. "The Background of the Fight for Mongolia." Contemporary Review,152 (1937), 316-24.Rupen, Robert A. "Mongolia: Pawn of Geopolitics." Current History, 81 (1982), 215-18.Sanders, Alan. "Revenge of the 'Weeds."' Far Eastern Economic Review. September 6,1984, 16-17.

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The Legal System of Mongolia ("Outer Mongolia") 9.230.25Stephens, Michael D. "The Emergence of the Mongolian People's Republic."Contempo-rary Review, 214 (1969), 8-14.United States Department of State, Bureau of Public Affairs. "Background Notes:Mongolia." December 1983, 1-5.


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9.230.26 Modem Legal Systems CyclopediaFOOTNOTES

1. endell Blanchard and Trevor N. Dupuy. Area Handbook for Mongolia (Washington: The AmericanUniversity, 1970), p. 13.2. Ibid., p. 16 .3. Ibid.4. Ibid., pp. 2, 16.

5. United States Department of State, Bureau of Public Affairs. "Background Notes: Mongolia"(December 1983), p. 4.6. Ibid., p. 3.7. Ibid.8. Ibid.9. Ibid.10. Blanchard and Dupuy, Mongolia, p. viii.If. Ibid., pp. 33-4.12 . Ibid., p.34.13. Ibid., pp. 52-3.14 . Ibid., pp. 54-5.15. Ibid., p.34.16. United States Department of State, "Mongolia," p. 3.17. Blanchard and Dupuy, Mongolia, pp. 3, 61 .18 . Ibid., p. 61 .19. United States Department of State, "Mongolia," p. 3.20. Blanchard and Dupuy, Mongolia, p. 4.21 . Ibid.22. Ibid.23. Ibid., p. 5.24. Robert Rupen. How Mongolia is Really Ruled: A Political History of the Mongolian People's Republic

1900-1978 (Stanford, California: Hoover Institution Press, 1979), p. 38.25. Blanchard and Dupuy, Mongolia, p. 5.26. Ibid., pp. 5-6.27. Ibid.28. Rupen, Political History, p. 108.29. Blanchard and Dupuy, Mongolia, p. 10.30. Ibid.31 . Rupen, Political History, p. 3.32. Alan Sanders, "Revenge of the 'Weeds,"' Far Eastern Economic Review, September 6, 1984, p. 16.33. United States Department of State, "Mongolia," p. 3.34. Ibid.35. William R. Heaton, "Mongolia in 1982: Looking Forward but Also Back," Asian Survey, January

1983, p. 48.36. Preamble of the 1960 Constitution of the Mongolian People's Republic.37. United States Department of State, "Mongolia," pp. 3-4.38. Blanchard and Dupuy, Mongolia, p. 233.39. William R. Heaton, "Mongolia at Fifty," Pacific Affairs, October 1974, p. 487.40. Blanchard and Dupuy, Mongolia, p. 234.41 . Constitution of Mongolia, Article 5.42. Blanchard and Dupuy, Mongolia, p. 228.43. Sanders, "Revenge," p. 16 .44. Blanchard and Dupuy, Mongolia, pp. 200, 228.45. Albert P. Blaustein and Gisbert H. Flanz, Constitutions of the Countries of the World: MongolianPeople's Republic (New York: Oceana Publications, Inc., 1981), p.5.46. Blanchard and Dupuy, Mongolia, pp. 228-9.47. Ibid.48. Ibid., pp. 234-5.49. Ibid.


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The Legal System of Mongolia ("Outer Mongolia") 9.230.2750. Constitution of Mongolia, Article 38.51 . Article 43.52. Blanchard and Dupuy, Mongolia, pp. 213-14.53. Constitution of Mongolia, Article 41 .54. Blanchard and Dupuy, Mongolia, p.213.55. Constitution of Mongolia, Article 33.56. Article 35.57. Article 19 .58. Blaustein and Flanz, Constitutions, p. 5.59. Constitution of Mongolia, Articles 21 and 22.60. Blanchard and Dupuy, Mongolia, p. 211.61 . Constitution of Mongolia, Article 32.62. Blanchard and Dupuy, Mongolia, p. 211.63. Constitution of Mongolia, Article 20.64. Article 26.65. Article 47.66. Blanchard and Dupuy, Mongolia, pp. 214-15.67. Constitution of Mongolia, Article 49.68. Article 57.69. Article 55.70. Blanchard and Dupuy, Mongolia, p. 215..71. Ibid., p. 207.72. Constitution of Mongolia, Article 1.73. Articles 2 and 3.,74. Article 6.75. Articles 10 and 11.76. Article 9.77. Article 13.78. Article 15 .79. Article 93.80. Article 94.81 . Article 76.82. Articles 77-80, 86.83. Article 88.84. Articles 81 and 87.85. Article 85.86. Article 89.87. Blanchard and Dupuy, Mongolia, p. 207.88. Constitution of Mongolia, Article 63.89. Blanchard and Dupuy, Mongolia, p. 215.90. Ibid.91 . Ibid.92. Ibid.93. Ibid., p. 405.94. W.E. Butler, The Mongolian Legal System: Contemporary Legislation and Documentation (London:Martinus Nijhoff Publishers, 1982), p. 58.95. Constitution of Mongolia, Article 70.96. Article 69.97. Blanchard and Dupuy, Mongolia, p. 215.98. Constitution of Mongolia, Article 65.99. Blanchard and Dupuy, Mongolia, p. 402.100. Constitution of Mongolia, Article 66.101. Blanchard and Dupuy, Mongolia, p. 402.102. Ibid.103. Ibid.104. Constitution of Mongolia, Article 67.


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Modem Legal Systems Cyclopedia105. Blanchard and Dupuy, Mongolia, p. 403.106. Ibid., pp . 402-3.107. Constitution of Mongolia, Article 67.108. Blanchard and Dupuy, Mongolia, p. 403.109. Ibid., pp . 403-4.110. Ibid., p. 405.Ill. Constitution of Mongolia, Article 64 .112. Article 68.113. Article 71.114. Blanchard and Dupuy, Mongolia, p. 401.115. Constitution of Mongolia, Article 72.116. Article 73.117. Article 74 .118. Article 75. Blanchard and Dupuy, Mongolia, p. 404.119. Blanchard and Dupuy, Mongolia, p. 404.120. Ibid.121. Ibid., p. 406.122. Ibid., pp . 406-7.123. Ibid.124. Ibid., p. 407.125. Ibid., p. 398.126. Ibid., p. 399.127. Ibid.128. Butler, Legal System, pp. 45-6.129. Ibid., pp . 45-7.130. Ibid., p. 46.131. Ibid., p. 59.132. Ibid.133. Ibid., p. 60.

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