1. Jaya Gupta and Cassidy Condon
China Judiciary
Jaya Gupta and Cassidy Condon

2. 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”

3. 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

4. “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

5. 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)

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

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

8. 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