part six: china judicial system the judiciary in china has both broad and narrow meanings. broadly...

Part Six: China Judicial SystemPart Six: China Judicial System

The judiciary in China has both broad and narrow meanings.

Broadly speaking, the judiciary means law-enforcement activities conducted by the country's judicial organs and organizations in handling prosecuted or non-prosecuted cases.

Narrowly speaking, it applies to law-enforcement activities conducted by the country's judicial organs in handling prosecuted cases. This presentation uses the term in the broader sense.


Judicial organs here mean public-security organs (including state security organs) responsible for investigation, prosecution, trial and execution of cases, the prosecutors, the trial institutions and the custodial system.

Judicial organizations here refer to lawyers, public notaries, and arbitration organizations. The latter, though not part of the judicial apparatus, are an integral part and a link in the overall judiciary system.


The judiciary system in general refers to the nature, mission, organizational setup, principles and procedures of judicial organs and other judicial organizations.

This system comprises sub-systems for investigation, prosecution, trial procedures, jails, judicial administration, arbitration, lawyers, public notaries and state compensation.


Constitutionally, the court system is intended to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals.

Yet the constitution simultaneously emphasizes the principle of the "leadership of the Communist Party."


1. Composition of judicial organs

(1)The Court system According to the

Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system:

Supreme People's Court (SPC)

in Beijing, the premier appellate forum of the land, which supervises the administration of justice by all subordinate "local" and "special" people's courts. It is the court of last resort for the whole PR China except for Macao and Hong Kong



(1)The Court system

Local people‘s courts

• High courts at the level of the provinces, autonomous regions, and special municipalities;

• Intermediate courts at the level of prefectures, autonomous prefectures, and municipalities

• Basic courts at the level of autonomous counties, towns, and municipal districts.



(1)The Court system Courts of special jurisdiction• Military courts• Railway transport courts• Maritime courts• The court system is paralleled by a hierarchy of

prosecuting offices called people's procuratorates, the highest being the Supreme People's Procuratorate.

• Hong Kong and Macau have separate court systems due to their historical status as British and Portuguese colonies, respectively.



(1)The Court systemHong Kong Court of Final Appeal• High Court• District Court• Magistrates' Courts• Tribunals

Macau Court of Final Appeal• Intermediate Court• Courts of the First Instance

– Primary Court– Administrative Court



(2)The Procuratorates The Supreme People’s Procuratorate• The highest procuratorial organ in China, directs the work

of the local procuratorates and the special procuratorates, its members are generated by and responsible to the National Prople’s Congress.

• The term of office of the Procuratorate-Gerneral is the same as that of the NPC, He or she shall serve no more than two consecutive terms.



(2)The Procuratorates The local People’s Procuratorate• Established according to admnistrative divisions: the

provinces, autonomous regions and municipalities directly under the Central Government directly establish intermediate procuratorates and grass–roots procuratorates.

• They are responsible to the organs of the state that generated them, the higher procuratorates direct the work of those at lower levels.



(2)The Procuratorates

Special Procuratorate• Established in certain areas, such as military,

maritime and railway transportation.• They are responsible to the organs of the

state that generated them.



(3) organs of Public Security, State Security

and Judicial Administration Special Procuratorate• Established in certain areas, such as military, maritime

and railway transportation.• They are responsible to the organs of the state that

generated them.


2. Major functions of judicial organs

(1) Functions of the People’s Courts

◆ trial of criminal cases to punish criminals and safeguard public order;

◆ trial of civil cases and handling of civil disputes to protect the legitimate rights and interests of the parties concerned;

◆ trial of economic disputes to maintain orderly economic activities;

◆trial of administrative litigation cases to protect the legitimate rights and interests of citizens, legal entities, etc,.


2. Major functions of judicial organs (1) Functions of the People’s Courts

◆ execution of sentences and rulings that have turned effective.

◆China adopts the system of the court of second instance being the final instance, with courts at various levels exercising some what different functions and powers.

◆Grass-roots courts try first-instance cases

◆intermediate courts try first-instance cases and cases that have been tried in and transferred, appealed or protested from grass-root courts.

◆higher courts


2. Major functions of judicial organs (1) Functions of the People’s Courts

◆ The Supreme people’s court tries cases that fall under its jurisdiction, and cases tried in and transferred, appealed or protested from courts at lower levels; approves sentences of death punishment, etc,.


2. Major functions of judicial organs (2) Functions of the People’s Procuratorates

◆ exercise procuratorial power over major criminal cases of treason, attempts to split the country and seriously violating the unified implementation of state laws

◆directly accept\ put on record and investigate cases of state functionaries who have violated laws and discipline

◆examine cases investigated by public security organs and state security organs and decided whether to arrest, prosecute or not prosecute, supervise over the investigation activities of public security organs, etc.,


2. Major functions of judicial organs (2) Functions of the People’s Procuratorates

◆ make public prosecution of criminal cases, exercise legal supervision over the courts in criminal and civil trials and administrative litigations,

◆supervise the trials of criminal cases, excution of rulings, and the activities of prison, jails, in summary, these are legal and disciplinary supervision, supervision over investigations, supervision over trials, and supervision over execution.


2. Major functions of judicial organs (3) Functions of the Organs if Public Security, State

Security, and Justice Administration

◆ Public Security Organs: exercise the investigative power of the state, including investigation, detention, pretrial, and arrest.

◆State Security Organs: undertake investigation of cases of spies and secret agents, and they can exercise the functions and powers of public security

◆Organs of justice administration: responsible for the management of prisons, direct and administer the work of lawyers, notarization agencies, and people’s mediation committees.


3. Judicial Procedures

(1) investigation Procedures

(2) Prosecution Procedures

(3) Trial Procedures

(4) Execution Procedures


4. Judicial Reform in ChinaWhite Paper on Judicial Reform in Chinahttp://news.xinhuanet.com/english/china/201210/09/c_131895159_2.htm

objectives

to ensure that the people's courts and people's procuratorates exercise adjudicative power and procuratorial power fairly and independently; to establish an impartial, efficient and authoritative socialist judicial system; and to provide solid and reliable judicial guarantee for safeguarding the legitimate rights and interests of the people, social equity and justice, and lasting national stability.

Part Six: China Judicial SystemPart Six: China Judicial System 4. Judicial Reform in China White Paper on Judicial Reform in China

Principles: carries out judicial reform based on its national conditions. It draws on the sound practices of other countries but does not blindly copy them; it keeps pace with the times but does not advance rashly and blindly. It sticks to the line of relying on thepeople, strives to meet their expectations, tackles problems ofparticular concern to the people, and subjects itself to their supervision and examination, so as to ensure the reform is for the people, relies on the people and benefits the people. It pushes forward the reform in accordance with the law, abidingby the Constitution and other laws and regulations,

Part Six: China Judicial SystemPart Six: China Judicial System 4. Judicial Reform in China

(1) Maintaining Social Fairness and Justice

◆ Optimizing the Allocation of Judicial Functions

and Power

◆ Standardizing Judicial Acts

◆ Expanding Judicial Openness

◆ Enhancing Judicial Democracy

◆ Strengthening Legal Supervision by Procuratorial Organs

Part Six: China Judicial SystemPart Six: China Judicial System 4. Judicial Reform in China• (2) Strengthening Human Rights Protection

◆ Prohibiting and Deterring Extortion of Confessions by Torture

◆ Protecting the Right to Defense of Suspects and Defendants

◆ Protecting Lawyers' Rights to Practice

◆ Restrictions on Application of Custody

◆ Protecting the Legal Rights and Interests of Detainees


◆ Protecting the Legal Rights and Interests of Juvenile Suspects and Offenders

◆ Strict Control over and Prudent Application of the Death Penalty

◆ Improving Community Correction System for Persons Serving Sentences and Assistance System for Persons Released from Prison


◆ Protecting the Legal Rights and Interests of Juvenile Suspects and Offenders

◆ Strict Control over and Prudent Application of the Death Penalty

◆ Improving Community Correction System for Persons Serving Sentences and Assistance System for Persons Released from Prison

◆ Improving the State Compensation System

◆ Establishment of Assistance System for Crime Victims

Part Six: China Judicial SystemPart Six: China Judicial System 4. Judicial Reform in China• (3) Enhancing Judicial Capabilities

• (4) Judicial Power Serving the People

◆ Strengthening the Development of Grassroots Judicial Organs

◆ Simplifying Case-Handling Procedures

◆ Establishing Multiple Dispute Resolution Mechanisms

◆ Reducing Litigation Costs for Parties Concerned

◆ Providing Legal Assistance

◆ Facilitating Channels of Communication between Judicial Organs and the Public

The end ,Thank you!

part six: china judicial system the judiciary in china has both broad and narrow meanings. broadly...

Documents

judicial organizations

composition of judicial

judicial administration

countrys judicial organs

procedures of judicial

judicial power

judicial apparatus

custodial system