1. Legal & Political System
China
Legal & Political System

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

3. 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

4. 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”

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

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

7. 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

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

9. 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

10. 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

11. 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.

12. 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

13. 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)

14. More Info www.china.org.cn

15. Legal & Political System
Hong Kong
Legal & Political System

16. Hong Kong

17. 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

18. 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.

19. 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

20. 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

21. 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

22. 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).

23. Legal & Political System
Japan
Legal & Political System

24. 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

25. 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.

26. 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!!!

27. 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.

28. 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

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

30. 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.

31. 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.

32. 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 ( ), 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.