Part-Six-China-Judicial-System：六部分中国司法制度课件

1、Part 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 countrys judicial organs and organizations in handling prosecuted or non-prosecuted cases. Narrowly speaking, it applies to law

2、-enforcement activities conducted by the countrys judicial organs in handling prosecuted cases. This presentation uses the term in the broader sense. Part Six: China Judicial SysPart Six: China Judicial SystemJudicial organs here mean public-security organs (including state security organs) responsi

3、ble 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 par

4、t and a link in the overall judiciary system.Part Six: China Judicial SysPart Six: China Judicial SystemThe 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-system

5、s for investigation, prosecution, trial procedures, jails, judicial administration, arbitration, lawyers, public notaries and state compensation.Part Six: China Judicial SysPart Six: China Judicial SystemConstitutionally, the court system is intended to exercise judicial power independently and free

6、 of interference from administrative organs, public organizations, and individuals. Yet the constitution simultaneously emphasizes the principle of the leadership of the Communist Party.Part Six: China Judicial SysPart Six: China Judicial System 1. Composition of judicial organs (1)The Court system

7、According to the Constitution of the Peoples Republic of China of 1982 and the Organic Law of the Peoples Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system:Supreme Peoples Court (SPC) in Beijing, the premier appellate forum of the land, wh

8、ich supervises the administration of justice by all subordinate local and special peoples courts. It is the court of last resort for the whole PR China except for Macao and Hong KongPart Six: China Judicial SysPart Six: China Judicial SystemComposition of judicial organs (1)The Court system Local pe

9、oples courtsHigh courts at the level of the provinces, autonomous regions, and special municipalities;Intermediate courts at the level of prefectures, autonomous prefectures, and municipalitiesBasic courts at the level of autonomous counties, towns, and municipal districts.Part Six: China Judicial S

10、ysPart Six: China Judicial SystemComposition of judicial organs (1)The Court systemCourts of special jurisdictionMilitary courtsRailway transport courtsMaritime courtsThe court system is paralleled by a hierarchy of prosecuting offices called peoples procuratorates, the highest being the Supreme Peo

11、ples Procuratorate.Hong Kong and Macau have separate court systems due to their historical status as British and Portuguese colonies, respectively.Part Six: China Judicial SysPart Six: China Judicial System 1. Composition of judicial organs (1)The Court systemHong Kong Court of Final AppealHigh Cour

12、tDistrict CourtMagistrates CourtsTribunalsMacau Court of Final AppealIntermediate CourtCourts of the First InstancePrimary CourtAdministrative CourtPart Six: China Judicial SysPart Six: China Judicial System 1. Composition of judicial organs (2)The Procuratorates The Supreme Peoples ProcuratorateThe

13、 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 Proples Congress.The term of office of the Procuratorate-Gerneral is the same as that of the NPC, He or she shall serve no

14、more than two consecutive terms.Part Six: China Judicial SysPart Six: China Judicial System 1. Composition of judicial organs (2)The Procuratorates The local Peoples ProcuratorateEstablished according to admnistrative divisions: the provinces, autonomous regions and municipalities directly under the

15、 Central Government directly establish intermediate procuratorates and grassroots procuratorates.They are responsible to the organs of the state that generated them, the higher procuratorates direct the work of those at lower levels.Part Six: China Judicial SysPart Six: China Judicial System 1. Comp

16、osition of judicial organs (2)The Procuratorates Special ProcuratorateEstablished in certain areas, such as military, maritime and railway transportation.They are responsible to the organs of the state that generated them.Part Six: China Judicial SysPart Six: China Judicial System 1. Composition of

17、judicial organs (3) organs of Public Security, State Security and Judicial Administration Special ProcuratorateEstablished in certain areas, such as military, maritime and railway transportation.They are responsible to the organs of the state that generated them.Part Six: China Judicial SysPart Six:

18、 China Judicial System 2. Major functions of judicial organs (1) Functions of the Peoples 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

19、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,.Part Six: China Judicial SysPart Six: China Judicial System 2. Major functions of judicial organs (1) Functions of th

20、e Peoples 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 casesintermediate c

21、ourts try first-instance cases and cases that have been tried in and transferred, appealed or protested from grass-root courts.higher courtsPart Six: China Judicial SysPart Six: China Judicial System 2. Major functions of judicial organs (1) Functions of the Peoples Courts The Supreme peoples court

22、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,.Part Six: China Judicial SysPart Six: China Judicial System 2. Major functions of judicial organs (2) Functions of the Peo

23、ples Procuratorates exercise procuratorial power over major criminal cases of treason, attempts to split the country and seriously violating the unified implementation of state lawsdirectly accept put on record and investigate cases of state functionaries who have violated laws and disciplineexamine

24、 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.,Part Six: China Judicial SysPart Six: China Judicial System 2. Major functions of judicial or

25、gans (2) Functions of the Peoples 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 summ

26、ary, these are legal and disciplinary supervision, supervision over investigations, supervision over trials, and supervision over execution.Part Six: China Judicial SysPart Six: China Judicial System 2. Major functions of judicial organs (3) Functions of the Organs if Public Security, State Security

27、, 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 se

28、curityOrgans of justice administration: responsible for the management of prisons, direct and administer the work of lawyers, notarization agencies, and peoples mediation committees.Part Six: China Judicial SysPart Six: China Judicial System 3. Judicial Procedures (1) investigation Procedures (2) Pr

29、osecution Procedures (3) Trial Procedures (4) Execution ProceduresPart Six: China Judicial SysPart Six: China Judicial System 4. Judicial Reform in ChinaWhite Paper on Judicial Reform in China/english/china/201210/09/c_131895159_2.htmobjectives to ensure that the peoples courts and peoples procurato

30、rates 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

31、 and justice, and lasting national stability.Part Six: China Judicial SysPart 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 bu

32、t 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

33、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 SysPart Six: China Judicial System 4. Judicial Reform in China (1) Mainta

34、ining 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 OrgansPart Six: China Judicial SysPart Six: China Judicial System 4. Judic

35、ial 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 DetaineesPart Six: China Judicial SysPart Six: China Judicial System 4. Judicial Reform in China(2) Strengthening Human Rights Protection Protecting the Legal Rights and Interests of Juvenile Suspects and Offenders