Judiciary system of china


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Judiciary system of china

  1. 1. Judiciary System of China
  2. 2. INTRODUCTION     The judicial branch is one of three branches of government in the People's Republic of China Law-enforcement activities conducted by the country's judicial organs and organizations in handling prosecuted or non-prosecuted cases Judicial organs: public-security organs (including state security organs) Judicial organizations: lawyers, public notaries, and arbitration organizations.
  3. 3.   Judicial structure in the Chinese broad sense does not only refer to courts, but also to procuratorates and public security organs. The presidents of courts and the procuratorgenerals of procuratorates are selected and appointed by the people's congresses on the same levels. The judges and procurators are selected and appointed by the standing committees of the respective people's congresses, and assistant judges and assistant procurators are appointed by the respective courts and procuratorates.
  4. 4. PEOPLE'S COURTS    The people's courts are judicial organs exercising judicial power on behalf of the states. According to the Constitution and the Organic Law of the People's Courts of 1979 as amended in 1983 The people’s courts and procuratorate are required to provide translation for any party to the court proceedings who is not familiar with the spoken or written language in common use in locality A court has one president and several vicepresidents, a division has one chief and several associate chiefs
  5. 5.    According to law, each case shall have at most two trials It means once an appeal is filed, the next higher court must try the case again. The judgment of the second trial shall be final and cannot be appealed After reviewing the complaint, the president may ask the judicial committee to make a decision to accept or reject the appeal.
  6. 6. THE JUDICIAL COMMITTEE    Each court also has a judicial committee that is composed of the presidents, division chiefs and experienced judges. The members of the committee are appointed by the standing committee of the courts at the corresponding level The judicial committee is the most authoritative body in a court, which is responsible for discussing important or difficult cases, making directions concerning other judicial matters and reviewing and summing up judicial experiences Meeting of the judicial committees of different sets of courts are presided over by the presidents of the concerned courts
  7. 7. COLLEGIAL PANELS Collegial panels are the basic units in each court  They are not permanent bodies but organized to adjudicate individual cases  The judicial committee direction shall be followed by judges and collegial panels  A collegial panel is composed of three to seven judges, the number of which must be odd 
  8. 8. PEOPLE’S COURTS There are three types of people’s courts in China 1. 2. 3. Supreme People’s Court (SPC) Local People’s Court (LPC) Special Court
  9. 9. THE SUPREME PEOPLE'S COURT       Located in Beijing The highest judicial organ in China The president vice-president of the SPC is appointed and removed by the NPC and its standing committee Term of the President of SPC is 5 year and 2 consecutive terms The SPC has a criminal division, a civil division, and an economic division Supervises the work of the local people's courts at various levels as well as the special courts
  10. 10. CONTI.    Member of the judicial committee of SPC are appointed and removed by the standing committee of the NPC at the suggestion of the president of the SPC If the SPC find some error in lower court or upper court judgment or order, they have authority to review such cases themselves or to direct to lower court to conduct a retrial BEIJING, March 15 (Xinhua) -- Zhou Qiang was elected president of the Supreme People's Court at the annual session of the 12th National People's Congress Friday morning.
  11. 11. THE LOCAL PEOPLE’S COURTS    President of LPC is elected by the people’s congresses at the corresponding levels and other judges are appointed and removed by the standing committee of local people’s congresses The courts of the first instance—handle criminal and civil cases Member of the judicial committee of LPC are appointed and removed by the people’s congresses at the corresponding levels upon the recommendation of the president of the LPC
  12. 12.  Three levels of the court system The Higher People's Courts The Intermediate People's Courts The Basic People's Courts
  13. 13. THE HIGHER PEOPLE'S COURTS At the level of the provinces, autonomous regions, and special municipalities  Under the Central Government  Deals with cases of the first instance assigned by laws 
  14. 14. THE INTERMEDIATE PEOPLE'S COURTS At the level of prefectures, autonomous prefectures, and municipalities  Established at the levels of cities with districts and prefectures 
  15. 15. THE BASIC PEOPLE'S COURTS Basic people's courts are set up at the county and district level.  They consist of a president, vice president, and judges.  A basic court may be further divided into criminal, civil, and economic divisions. Basic people's courts also handle cases that are deemed too trivial to require a trial 
  16. 16. THE SPECIAL COURTS Court of special jurisdiction is one level of the court system in China. The courts under this jurisdiction includes:  Military Court of China  Railway Transport Court of China  Maritime Court of China 
  17. 17.  Military Court  The military court that is established within the PLA is in charge of hearing criminal cases involving servicemen  Railway Transport Court  The railway and transport court deals with criminal cases and economic disputes relating to railways and transportation  Maritime Court  Five maritime - Guangzhou, Shanghai, Qingdao, Tianjin and Dalian These courts have jurisdiction over maritime cases and maritime trade cases of the first instance, including any other disputes of this category taking place between Chinese and foreign citizens, organizations, and enterprises 
  18. 18. CONCLUSION   The judicial system of china is very broad in nature. China's judicial review system in the Constitution does not expressly set forth, but the citizens established by the Constitution the right to litigate illegal, dereliction of duty of state organs and state organs personnel principles; all state organs must observe the Constitution and the Law, would have to be held accountable Law principle of the responsibility; and the principle of people's courts exercise judicial power independently, etc.
  19. 19. Thank You 謝謝 Jignesh Ladhava 10BLS02031