Jaya Gupta and Cassidy Condon China Judiciary Jaya Gupta and Cassidy Condon

China’s Judiciary System Supreme People’s Court Over 340 judges Chief Justice Selected by National People’s Congress Two Consecutive 5 year terms Many Subordinate Courts Ranks 79/99th in “Rule of Law”

Three Levels of the Court System The Higher People’s Court Provinces, autonomous regions The Intermediate People’s Court Cities with districts The Basic People’s Court Counties and districts

“Rational Law” Required for Market Economy Long term plan to establish a socialist market economy beginning in 1992 Formed new parameters for legal development such as: Less overtly political Equality before the law Constraints on the exercise on authorities and state power Aims at promoting impartiality and efficiency in People’s Courts

Burden of Proof “He who asserts, proves” Because China has no unified evidence code, their legal system places more weight on the parties burden of proof than on courts’ investigating evidence. “Based on this principle, a patentee who accuses another party of infringing his patent shall have to prove (i) what patent he owns and what is the status of that patent; (ii) what the alleged infringer did; and (iii) that the subject matter of the alleged infringing activity falls into the scope of protection for the patent.” (Xinzian)

Death Penalty China Executes 3 times more people than the entire world does each year 55 Capital Crimes Considering removing 9

Conviction Rate 99.9% 825/1.16 Million People “Darkest rule of law”

Reforms Abolish Labor Camp System Dehumanizing Death Penalty Reduction Education through Labor Camps Dehumanizing Death Penalty Reduction Make “more” independent of officials in communist party