1 / 27

Central Government

Central Government. US Government Structure. CCP in perspective. Mr. Hu, Secretary General Central Politburo (Standing Committee) Central Committee National Party Congress The Chinese Communist Party (CCP). NPC and its Standing Committee. Other Institutions. Who is the Chief?.

lea
Download Presentation

Central Government

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Central Government

  2. US Government Structure

  3. CCP in perspective • Mr. Hu, Secretary General • Central Politburo (Standing Committee) • Central Committee • National Party CongressThe Chinese Communist Party (CCP) NPC and its Standing Committee Other Institutions

  4. Who is the Chief? Party Chief Military Chief President of the PRC “Political power grows out of the barrel of a gun.” -- Mao

  5. The 10th NPC that elected the New Central Government, March 2003

  6. Relationships of the Central and Local Governments Principle: Democratic Centralism • The individual is subordinate to the group; • The Minority is subordinate to the majority; • The Lower is subordinate to the higher level; • The Local is subordinate to the central. Any problem with this principle?

  7. Name maters • NPC ---Basic Laws • NPC (NPCSC)---Other Laws • State Council---Admin. Regulations • Ministries---Ministerial Rules • Local NPC---Local Regulations • Local Gov---Local Admin. Rules • Local Dept.---Local Dept. Rules

  8. International law as Chinese law • Self Executing • None Self Executing • International Covenant on Economic, Social and Cultural Rights China U.S. Signature: 10/27/1997 10/5/1977 Ratification: 3/27/2001 NO • International Covenant on Civil and Political Rights Signature: 10/5/1998 10/5/1977 Ratification: NO 6/8/1992

  9. Court Structure Application and Enforcement of Laws • Court • Procuratorate • Public Security Bureau (PSB)—Police

  10. Under NPC • Cont. 126: judicial independence blue p.174 • Cont. 128: Court reports to NPC • Cont. 62 (7), 63 (4): NPC appoints or removes judges. • Cont. 124: 5 yr Term, no tenure

  11. Court Structure • Four levels: • Supreme People’s Court (SPC) • High People’s Court (HPC) • Intermediate People’s Court (IPC) • Basic People’s Court (BPC) • People’s tribunals • Divisions within a court • Criminal • Civil • Economic • Administrative • IP (some courts)

  12. Supreme Court High Court Inter. Court Basic Court Tribunal

  13. Court Personnel • President (appointed) • Vice president (civil servant) • Chief judges (civil servant) • Deputy chief judges (civil servant) • Assistant judges (civil servant) The qualification for being judges is low. Paid less. Limited authorities as compared with U.S. judges.

  14. Jurisdiction • Basic People’s Courts • Intermediate People’s Courts, among others--- • Death penalty • Cases with foreign elements • High People’s Courts • Supreme People’s Courts • Discretion • Theoretically can be court of first instance, but rare in practice.

  15. Process • Two trials to complete a case • Collegiate bench of three or more judges • Criminal cases: 1-1.5 months • Civil Cases: 6 months, or 3 months in expedited process • Procuratorate can protest court judgment.

  16. No Jury, but People’s Assessors • Appointed and paid by the Court • Five years appointment • Qualifications: upholding con. Good health, college degree, good ethics, no criminal record, not holding government office • Training • Equal voting rights with judges • Cases with great impact, or as requested by parties

  17. Adjudication Committee (AC) • OLPC Art. 11 • Judgments of a court are not valid without the final approval of the president or the chief judge of a division of the court. • AC consists of the president, chief judges and senior judges. • The purpose of AC is to review difficult cases. AC may decide a case without reviewing files; AC may decide a case that should be heard at the lower court.

  18. Chief Justice’s Role Compared • Chief Justice in the U.S. (see handout)

  19. Judgments • Limited authority • Mechanically apply the law • Cheng Kejie Case Vice NPC chairman sentenced to death on corruption charge. See handout.

  20. Adjudication Supervision (AS)-Reopen Cases • Not normal appeal process • Normal appeal • Civil—judgment 15; order 10 • difference between judgment and order see: CPL art 138 blue 75 • Criminal-judgment 10; order 5 • Who can plea for AS? • Parties • President of the Ct. • S. Ct. • Procuratorate • Criminal P.L. art. 203-205 blue p. 282 • Civil P.L. art. 177-188 blue p. 81

  21. Procuratorate • Has the same rank as a court • Supervisory role

  22. Party Influence • Political-Legal Committee consists of the president of court, the president of procuratorate, and the head of PCB. • Influence weakened? • Through normative documents, which clearly override law (eg. Tuojiang Pollution Accident )

  23. Judicial Independence Compared • Court budget http://www.npr.org/templates/story/story.php?storyId=4598172 (Audio Clip) Supreme Court, Congress Clash on Rulings by Nina Totenberg 

  24. Factors affecting Judicial Independence • Lawyers • Legal scholars • Officials, persons with connections to officials • Mediation committees • Neighborhood committees • Work Unites (Danwai)

  25. Enforcement of Judgment • Court in charge of enforcement • Low rate: 40 % • Local Protectionism • Guangdong company sought enforcement of a $900,000 judgment against a Hainan company in 1996. Hainan court suspended the judgment with out explanation. • Judgment on Sale, jailed for seeking enforcement, etc.

More Related