Part Six China Judicial System：六部分中国司法制度.ppt

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-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 System 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. Part Six: China Judicial 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. Part Six: China Judicial System 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. Part Six: China Judicial System 1. Composition of judicial organs (1)The Court system 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