1. Central Government

2. US Government Structure

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

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

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

7. 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?

8. 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

9. International law as Chinese law –Self Executing –None Self Executing International Covenant on Economic, Social and Cultural RightsInternational 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

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

11. 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

12. 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)

13. Supreme Court High Court Inter. Court Basic Court Tribunal

14. 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.

15. 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.

16. 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.

17. 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

18. 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.

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

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

21. 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

22. Procuratorate Has the same rank as a court Supervisory role

23. 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 )Tuojiang Pollution Accident

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

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

27. 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.