1. 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 country's judicial organs and organizations in handling prosecuted or non-prosecuted cases.
Narrowly speaking, it applies to law-enforcement activities conducted by the country's judicial organs in handling prosecuted cases. This presentation uses the term in the broader sense.

2. 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.

3. 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.

4. 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."

5. Part Six: China Judicial System
1. Composition of judicial organs
(1)The Court system
According to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system:
Supreme People's Court (SPC)
in Beijing, the premier appellate forum of the land, which supervises the administration of justice by all subordinate "local" and "special" people's courts. It is the court of last resort for the whole PR China except for Macao and Hong Kong

6. Part Six: China Judicial System
Composition of judicial organs
(1)The Court system
Local people‘s 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.

7. 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 people's procuratorates, the highest being the Supreme People's Procuratorate.
Hong Kong and Macau have separate court systems due to their historical status as British and Portuguese colonies, respectively.

8. 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

9. Part Six: China Judicial System
1. Composition of judicial organs
(2)The Procuratorates
The Supreme People’s 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 Prople’s 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.

10. Part Six: China Judicial System
1. Composition of judicial organs
(2)The Procuratorates
The local People’s Procuratorate
Established according to admnistrative divisions: the provinces, autonomous regions and municipalities directly under the Central Government directly establish intermediate procuratorates and grass–roots procuratorates.
They are responsible to the organs of the state that generated them, the higher procuratorates direct the work of those at lower levels.

11. 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.

12. 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.

13. Part Six: China Judicial System
2. Major functions of judicial organs
(1) Functions of the People’s Courts
◆ trial of criminal cases to punish criminals and safeguard public order;
◆ trial of civil cases and handling of civil disputes to protect the legitimate rights and interests of the parties concerned;
◆ trial of economic disputes to maintain orderly economic activities;
◆trial of administrative litigation cases to protect the legitimate rights and interests of citizens, legal entities, etc,.

14. Part Six: China Judicial System
2. Major functions of judicial organs
(1) Functions of the People’s Courts
◆ execution of sentences and rulings that have turned effective.
◆China adopts the system of the court of second instance being the final instance, with courts at various levels exercising some what different functions and powers.
◆Grass-roots courts try first-instance cases
◆intermediate courts try first-instance cases and cases that have been tried in and transferred, appealed or protested from grass-root courts.
◆higher courts

15. Part Six: China Judicial System
2. Major functions of judicial organs
(1) Functions of the People’s Courts
◆ The Supreme people’s court tries cases that fall under its jurisdiction, and cases tried in and transferred, appealed or protested from courts at lower levels; approves sentences of death punishment, etc,.

16. Part Six: China Judicial System
2. Major functions of judicial organs
(2) Functions of the People’s Procuratorates
◆ exercise procuratorial power over major criminal cases of treason, attempts to split the country and seriously violating the unified implementation of state laws
◆directly accept\ put on record and investigate cases of state functionaries who have violated laws and discipline
◆examine cases investigated by public security organs and state security organs and decided whether to arrest, prosecute or not prosecute, supervise over the investigation activities of public security organs, etc.,

17. Part Six: China Judicial System
2. Major functions of judicial organs
(2) Functions of the People’s Procuratorates
◆ make public prosecution of criminal cases, exercise legal supervision over the courts in criminal and civil trials and administrative litigations,
◆supervise the trials of criminal cases, excution of rulings, and the activities of prison, jails, in summary, these are legal and disciplinary supervision, supervision over investigations, supervision over trials, and supervision over execution.

18. Part Six: China Judicial System
2. Major functions of judicial organs
(3) Functions of the Organs if Public Security, State Security, and Justice Administration
◆ Public Security Organs: exercise the investigative power of the state, including investigation, detention, pretrial, and arrest.
◆State Security Organs: undertake investigation of cases of spies and secret agents, and they can exercise the functions and powers of public security
◆Organs of justice administration: responsible for the management of prisons, direct and administer the work of lawyers, notarization agencies, and people’s mediation committees.

19. Part Six: China Judicial System
3. Judicial Procedures
(1) investigation Procedures
(2) Prosecution Procedures
(3) Trial Procedures
(4) Execution Procedures

20. Part Six: China Judicial System
4. Judicial Reform in China
White Paper on Judicial Reform in China
objectives
to ensure that the people's courts and people's procuratorates exercise adjudicative power and procuratorial power fairly and independently; to establish an impartial, efficient and authoritative socialist judicial system; and to provide solid and reliable judicial guarantee for safeguarding the legitimate rights and interests of the people, social equity and justice, and lasting national stability.

21. Part Six: China Judicial System
4. Judicial Reform in China
White Paper on Judicial Reform in China
Principles:
carries out judicial reform based on its national conditions. It
draws on the sound practices of other countries but does not
blindly copy them; it keeps pace with the times but does not
advance rashly and blindly. It sticks to the line of relying on the
people, strives to meet their expectations, tackles problems of
particular concern to the people, and subjects itself to their
supervision and examination, so as to ensure the reform is for
the people, relies on the people and benefits the people. It
pushes forward the reform in accordance with the law, abiding
by the Constitution and other laws and regulations,

22. Part Six: China Judicial System
4. Judicial Reform in China
(1) Maintaining Social Fairness and Justice
◆ Optimizing the Allocation of Judicial Functions
and Power
◆ Standardizing Judicial Acts
◆ Expanding Judicial Openness
◆ Enhancing Judicial Democracy
◆ Strengthening Legal Supervision by Procuratorial Organs

23. Part Six: China Judicial System
4. Judicial Reform in China
(2) Strengthening Human Rights Protection
◆ Prohibiting and Deterring Extortion of Confessions by Torture
◆ Protecting the Right to Defense of Suspects and Defendants
◆ Protecting Lawyers' Rights to Practice
◆ Restrictions on Application of Custody
◆ Protecting the Legal Rights and Interests of Detainees

24. Part Six: China Judicial System
4. Judicial Reform in China
(2) Strengthening Human Rights Protection
◆ Protecting the Legal Rights and Interests of Juvenile Suspects and Offenders
◆ Strict Control over and Prudent Application of the Death Penalty
◆ Improving Community Correction System for Persons Serving Sentences and Assistance System for Persons Released from Prison

25. Part Six: China Judicial System
4. Judicial Reform in China
(2) Strengthening Human Rights Protection
◆ Protecting the Legal Rights and Interests of Juvenile Suspects and Offenders
◆ Strict Control over and Prudent Application of the Death Penalty
◆ Improving Community Correction System for Persons Serving Sentences and Assistance System for Persons Released from Prison
◆ Improving the State Compensation System
◆ Establishment of Assistance System for Crime Victims

26. Part Six: China Judicial System
4. Judicial Reform in China
(3) Enhancing Judicial Capabilities
(4) Judicial Power Serving the People
◆ Strengthening the Development of Grassroots Judicial Organs
◆ Simplifying Case-Handling Procedures
◆ Establishing Multiple Dispute Resolution Mechanisms
◆ Reducing Litigation Costs for Parties Concerned
◆ Providing Legal Assistance
◆ Facilitating Channels of Communication between Judicial Organs and the Public

27. The end ,
Thank you!