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,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,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 appellate forum of the land,which supervises the administration of justice by all subordinate local and special peoples courts.It is the court of last resort for the whole PR China except for Macao and Hong Kong,Part Six:China Judicial System,Composition of judicial organs,(1)The Court system,Local peoples courts,High courts,at the level of the provinces,autonomous regions,and special municipalities;,Intermediate courts,at the level of prefectures,autonomous prefectures,and municipalities,Basic courts,at the level of autonomous counties,towns,and municipal districts.,Part Six:China Judicial System,Composition of judicial organs,(1)The Court system,Courts of special jurisdiction,Military courts,Railway transport courts,Maritime courts,The court system is paralleled by a hierarchy of prosecuting offices called peoples procuratorates,the highest being the Supreme Peoples Procuratorate.,Hong Kong,and,Macau,have separate court systems due to their historical status as British and Portuguese colonies,respectively.,Part Six:China Judicial System,1.Composition of judicial organs,(1)The Court system,Hong Kong Court of Final Appeal,High Court,District Court,Magistrates Courts,Tribunals,Macau Court of Final Appeal,Intermediate Court,Courts of the First Instance,Primary Court,Administrative Court,Part Six:China Judicial System,1.Composition of judicial organs,(2)The Procuratorates,The Supreme Peoples Procuratorate,The highest procuratorial organ in China,directs the work of the local procuratorates and the special procuratorates,its members are generated by and responsible to the National Proples Congress.,The term of office of the Procuratorate-Gerneral is the same as that of the NPC,He or she shall serve no more than two consecutive terms.,Part Six:China Judicial System,1.Composition of judicial organs,(2)The Procuratorates,The local Peoples Procuratorate,Established according to admnistrative divisions:the provinces,autonomous regions and municipalities directly under the Central Government directly establish intermediate procuratorates and grassroots procuratorates.,They are responsible to the organs of the state that generated them,the higher procuratorates direct the work of those at lower levels.,Part Six:China Judicial System,1.Composition of judicial organs,(2)The Procuratorates,Special Procuratorate,Established in certain areas,such as military,maritime and railway transportation.,They are responsible to the organs of the state that generated them.,Part Six:China Judicial System,1.Composition of judicial organs,(3)organs of Public Security,State Security,and Judicial Administration,Special Procuratorate,Established in certain areas,such as military,maritime and railway transportation.,They are responsible to the organs of the state that generated them.,Part Six:China Judicial System,2.Major functions of judicial organs,(1)Functions of the Peoples Courts,trial of criminal cases to punish criminals and safeguard public order;,trial o
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