Chinese Trial System. Zhenlin Zhou. The third largest country in the world after Russia and Canada. The population is over 1.3 billion in 2003.
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There are 56 nationalities but Han nationality( Chinese) occupies over 90 per cent and most minority nationalities can speak Chinese although they may have their own languages.
On every level, there is Committee of Politics and Law in charge of Judicial Organs.
Police are more powerful than other judicial organs.
Procurators , Judges must carry out the decision of the committee of politics and law.
Armed Police has the responsibility as a domestic guards, similar in some ways to the National Guards.
In fact, Armed police is under the leadership of Central Military Commission
The People’s Procuratorates shall be responsible for procuratorial work , authorizing approval of arrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs.
Crimes of embezzlement and bribery, crimes involving violations of a citizen’s personal rights such as illegal detention.
The People’s Courts shall be responsible for adjudication
Cases of private prosecution shall be handled directly by the People’s Courts.
In trying cases, the People’s Courts shall apply the system whereby the second instance is final.
Supreme People’s Court
Higher People’s Courts (province)
Intermediate People’s Courts( municipality )
Primary People’s Courts( district or county)
A person who has reached the age of fourteen but not the age of eighteen who commits a crime shall be given a lesser punishment or a mitigated punishment.
A person who has reached the age of eighteen who commits a crime shall bear criminal responsibility
A person who has reached the age of fourteen but not the age of eighteen who commits the crimes of intentionally killing another or intentionally injuring another, even causing serious injury or death, and the crimes of rape, robbery, drug trafficking, arson, explosion, and poisoning shall bear criminal responsibility.
The death penalty is only to be applied to criminal elements who commit the most heinous crimes. In the case of a criminal element who should be sentenced to death, if immediate execution is not essential, a two-year suspension of execution may be announced at the same time the sentence of death is imposed.
Except for judgments made by the Supreme People's Court according to law, all sentences of death shall be submitted to the Supreme People's Court for approval. Sentences of death with suspension of execution may be decided or approved by a high people's court.
The death penalty is not to be applied to persons who have not reached the age of eighteen at the time the crime is committed or to women who are pregnant at the time of adjudication.
Reeducation-through labor facilities
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