Legal & Political System China Legal & Political System

Agenda Institutions Political Parties and Organizations Laws and Jurisdiction Administrative Divisions and Local Organizations

Six Fundamental Institutions The National People’s Congress President of the People’s Republic of China State Council Central Military Commission Judicial Institutions: Supreme People’s Court Supreme People’s Procuratorate

The National People’s Congress China’s supreme organ Annual plenary session – 2980 delegates Five-year term Delegates from administrative regions Candidates appointed by the communist party “Universal suffrage”

President of the People’s Republic of China Hu Jintao Jiang Zemin

State Council Executive Organ of state power State’s supreme administrative organ Composition: Premier Vice-Premier State Councilors Ministers Auditor General Secretary General

Central Military Commission of China Supreme military leading organ Country’s armed forces controlling institution Chairman elected by the National People’s Congress Managed by the Communist Party

Judicial Institutions Supreme People’s court Supreme People’s Procuratorate presidents elected by the National Congress

Political Parties and Organizations Communist Party of China Ruling party under the constitution Activities within the scale of constitution and law 58 Million members President of China is the general secretary

Chinese People’s Political Consultative Conference Manifestation of multi-party cooperation and consultation system Consists of different political parties and organizations Discuss key state principles and government affairs Delegates elected for a five-year term Currently it has 2209 members

Non-Communist Parties Revolutionary Committee of the Chine Kuomintang China Democratic League China Democratic National Construction Association China Association for Promoting Democracy Chinese Peasants and Workers China Zhi Gong, Jiu San Society Taiwan Democratic Self-government League All parties participate in governmental and political affairs Rights of political freedom and organization independence.

Laws and Jurisdiction Fundamental, Basic, Administrative and local laws National People’s Congress (NPC) – fundamental and basic laws State Council – administrative regulations Local congresses – local laws Supreme Court, Procuratorate and Local courts – defends right and adjudication

Administrative Divisions and Local Organizations 22 provinces 5 autonomous regions 4 municipalities Hierarchy: Province Prefecture (231) County and County-level cities (2216) Towns (668) Special Administrative regions (Macao and Hong Kong)

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Legal & Political System Hong Kong Legal & Political System

Hong Kong

Colonial Hong Kong As a colony, Hong Kong was administered through a governor Appointed by the monarch of the United Kingdom Served as the commander in chief, and presided over the Executive and Legislative Councils

Integration with China Hong Kong Special Administrative Region (SAR) of China effective July 1, 1997. “One country, two systems" formula, between China and Hong Kong. Hong Kong will enjoy a high degree of autonomy in all matters except foreign and defense affairs for the next 50 years.

Legal System Constitution: Basic Law Approved by China's National People's Congress in March 1990 Legal System: based on English common law Suffrage: 18 years and above (for some officials) 800-member indirect election committee created by the central government

Executive Branch Head of State: President of China Hu Jintao Head of Govt: Chief Executive Tung Chee-hwa Selected through indirect election Five-year terms Authority to dissolve Legislative Council Appoints all judges Cabinet: Executive Council 7 non-official members and 14 official members

Legislative Branch LEGCO: unicameral legislative council Total 60 seats: 30 seats indirectly elected by functional constituencies, and 30 elected by popular vote Four-year terms Multiple political parties Confirms judicial appointments to the Court of Final Appeal and the High Court The Basic Law further states, however, that the chief executive and council members ultimately are to be elected by universal suffrage and that these electoral procedures are to be determined before the end of the second term of the chief executive and third term of the Legislative Council (i.e., by the year 2007). judges of the Court of Final Appeal and the chief judge of the High Court also must be confirmed by the Legislative Council and reported to the Standing Committee of the National People's Congress

Judicial Branch Court of Final Appeal High Court Highest court Headed by a Chief Justice High Court Headed by a Chief Judge District, magistrate, and special courts The Basic Law further states, however, that the chief executive and council members ultimately are to be elected by universal suffrage and that these electoral procedures are to be determined before the end of the second term of the chief executive and third term of the Legislative Council (i.e., by the year 2007).

Legal & Political System Japan Legal & Political System

Japan – Political System Capital: Tokyo Government: Constitutional Monarchy with a Parliamentary Government Executive Branch: Chief of State: Emperor Akihito Head of Government: Prime Minister Koizumi Legislative Branch: House of Concillors House of Representatives

Japan – Political System (cont.) House of Representatives (500 members) Elections Prime Minister (Koizumi) Cabinet (Ministers) House of Concillors (252 members) The Japanese parliament is called the diet. It consists of the House of Representatives and the House of Councillors. Diet designates prime minister. Constitution requires that prime minister commands parliamentary majority. Cabinet appointed by the prime minister. The cabinet consists of the ministers and are usually members of the diet. Elections for the House of Representatives are carried out every four years, and half of the House of Councillors is elected every three years.

Japan – Political System (cont.) Emperor Akihito – Since, January 1989 Japan's 125th emperor. The emperor doesn’t have effective power. Emperors have reigned over Japan for more than 1500 years. Prime Minister Koizumi – Since, April 2001 Member of House of Representative since 1972. “If people have no faith in their leaders, they cannot stand” (Confucius) New York Yankees fan!!!

Japan – Political System (cont.) Cabinet. Current cabinet has 17 members The Cabinet system has played its role for more than 110 years The Cabinet Law went into effect on May 3, 1947 Diet The legislative right is the prerogative of the Diet A bill becomes a law after passage by both houses Superiority of the House of Representatives.

Japan – Political System (cont.) Representation of Political Parties in the Diet Political Parties House of Concillors House of Representative Japanese Abbreviation English Name Number of Members % Jiminto Liberal Democratic Party 116 46.0 242 48.4 Minshuto The Democratic Party 72 28.6 178 35.6 Kyosanto Japanese Communist Party 20 7.9 9 1.8 Shin Komeito New Komeiko 23 9.1 34 6.8 Shakai Minshuto Social Democratic Party 5 2.0 0.0 Mushozoki Nokai Group of Indepenents 4 1.6 Gurupu Kaikaku Group Kaikaku (Reform)   0.8 Others 12 4.8 33 6.6 TOTAL 252 100.0 500

Japan – Political System?!?! Prime Minister Koizumi is a NYY fan!!!

Japan – Legal System Modeled after European civil law system with English-American influence. Judicial review of legislative acts in the Supreme Court. Supreme Court:chief justice is appointed by the monarch after designation by the cabinet. All other justices are appointed by the cabinet. Each court renders a judgment independently and a conclusion in a decision of a superior court shall bind courts below in respect of the case concerned.

Japan – Legal System Operates under the “Six Codes” (Roppo): - Constitution - Civil Code - Code of Civil Procedure - Penal Code - Code of Criminal Procedure - Commercial Code The new constitution went into effect on May 3, 1947. The emperor loses all effective governmental power. Sovereign power lies with the people. The complete power division: legislature, executive and judiciary. The prohibition of leading war or maintaining an army.

Japan – Legal System Japanese Constitution: Preface: “We, the Japanese people... resolved that never again shall we be visited with the horrors of war through the action of government...” Chapter II: “Japanese people forever renounce war as a sovereign right of the nation... The right of belligerency of the state will not be recognized. ” However… ... during the occupation of Japan by the Allied powers (1945-1952), the United States and Japan re-established a defence force for Japan. It was argued that maintaining a force only for self defence would not contradict the constitution.