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China’s Legal System

China’s Legal System. Presentation by: Griffin Hardy and John White. Structure. Supreme People’s Court -highest judicial organ of the state. President of the court elected by the NPC . Serves a 5-year term; serves no more than two consecutive terms.

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China’s Legal System

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  1. China’s Legal System Presentation by: Griffin Hardy and John White

  2. Structure • Supreme People’s Court-highest judicial organ of the state • President of the court elected by the NPC • Serves a 5-year term; serves no more than two consecutive terms • Has 3 areas dealing with different cases: criminal, civil, and economic divisions • Has jurisdiction over the following cases: • Case of first instance assigned by laws and other cases that it believes it should try • Appealed and protested cases from other courts (i.e. the Higher People’s court, Special Courts) • Protested cases filed by the Supreme People’s Procuratorate

  3. Other Courts • Higher People’s Court-courts of provinces, autonomous regions and municipalities directly under Central government; same internal structure as the Supreme Court • Intermediate People’s Court-courts established in capitals or prefectures on the provincial level • Basic People’s Court-at the lowest level; located at the county, municipal districts and autonomous counties • Special Courts-includes military, railway, and maritime courts

  4. Basic Ideas • Before economic reforms of 1978, disputes were settled through relationship-based methods; based off of Confucian ideas • Influx of Western businesses and lack of trained lawyers created emphasis on business laws rather than laws respecting individual freedoms and human rights • Resulted in a court system lacking in neutrality with judges who report to the CCP, not the people

  5. Death Penalty • Considered applicable to 68 different forms of crime, both violent (robbery, rape, murder) and nonviolent (tax fraud, embezzlement) • Estimated in 2005 that about 1,770 people were executed, about 3,900 sentenced to death • Lower courts are more resistant in abolishing/reforming capital punishment, possibly because authorities are losing control

  6. Other Issues • Burden of proof is a problem because many judges are aligned with CCP, so decisions are often made based off of CCP ideas/motives • From 1997 to 2005, 41,038 people put on trial were found innocent (0.66% of total # of people put on trial) • Judges do not fairly represent the people; mostly used as puppets of the CCP

  7. Works cited • http://www.olemiss.edu/courses/pol324/chnjudic.htm • http://asiapacific.amnesty.org/apro/aproweb.nsf/pages/appeals_adpan_china • http://www.chinalawandpractice.com/Article/2327881/Channel/7576/A-case-study-on-burden-of-proof-in-China.html • http://worldsavvy.org/monitor/index.php?option=com_content&id=113&Itemid=176 • http://lawprofessors.typepad.com/china_law_prof_blog/2006/11/chinas_low_acqu.html

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