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The judicial branch is the exercise
Judicial power
the
State organ
It is a basic component of state institutions and a judicial organization established according to law to exercise relevant state functions and powers.
China's judicial organs in a narrow sense refers to
People's court
In a broad sense, it also includes
People's procuratorate
.
- Chinese name
- Judicial organ
- Foreign name
- judicial branch
- definition
- A judicial organization that exercises the judicial functions and powers of the state according to law
- Relevant institution
- Courts, procuratorates, etc
catalogue
- 1Historical evolution
- ▪Spring and Autumn Period and Warring States Period
- ▪The Eastern and Western Han Dynasties
- ▪The Northern and Southern Dynasties
- ▪Sui and Tang Dynasties
- ▪Song and Yuan Dynasties
- ▪Ming and Qing Dynasties
- 2Development status
- 3Power of judicial interpretation
- 4Functional division
- ▪Judicial authority
China
Ancient times
As early as the Western Zhou Dynasty, there were clear Sikou engaged in judicial trial, and before that, there were only prisons such as judicial execution organs in the Xia and Shang Dynasties. In the Western Zhou Dynasty, the supreme judicial power was still in the hands of the Zhou king, and the specific judges in the central area under his jurisdiction were Shi Shi and cataract Shi. The regional jurisdiction of cases in the Western Zhou Dynasty has not yet been clearly distinguished, but the trial level has already had the King,
Sankung
,
A surname
In ancient times, the judicial organs were basically formed in the six levels, namely, township, Sui and county. By the Warring States period, each country had its own judiciary,
Qin state
The highest magistrates of the state of Chu were called Ting Wei
Imperial court
The state of Qi called
Dali
. After the establishment of the Qin Dynasty, the central judicial organ was the Tingwei Palace, and the highest judicial judge was
Government official
. Qin's local system is county system, the local judicial organs by the local highest administrator (father and mother) - county head and county magistrate concurrently. Difficult cases are reported to the central government, and general cases are handled by themselves. The system of judicial organs in Qin Dynasty laid the foundation of judicial organs in later dynasties of China.
Han Dynasty
Basically inherited the system of the Qin Dynasty, including the judicial system, so there is a"
The Han inherited the Qin system
"The statement. The central judicial organs of the Han Dynasty were still Tingwei, and the localities were the same as in the Qin Dynasty. However, after Emperor Wudi of Han Dynasty, the imperial power was gradually strengthened, and the central organization of Shangshutai appeared, and law enforcement agencies were set up in the Shangshutai, which was three Gong Cao in the Western Han Dynasty and two thousand Shi Cao in the Eastern Han Dynasty, and thus invaded the judicial power of Tingwei. In addition, in the Han Dynasty, major cases were jointly tried by key officials in the central government. This joint trial system, called "heterarchy", reflected the further strengthening of imperial control over judicial power.
Here we are
The Three Kingdoms
The two Jin dynasties
The Northern and Southern Dynasties
In addition to the basic inheritance of the Han judicial system, there were also some developments.
The Northern Qi Dynasty (550-597)
Change the name of the court officer
Dali Temple
The number of subordinate officials has also increased, expanding the scale of the judicial organs. More importantly, the power to review the death penalty was vested in the emperor, which was a major change in the ancient judicial system.
The ancient judicial system was basically mature and institutionalized.
Sui and Tang dynasties
The judicial organs are three:
Dali Temple
,
The Ministry of Punishment in feudal China
and
Imperial historian's desk
. The responsibility of Dali Temple is trial, the criminal department is judicial administration, and the Imperial History Station is supervision. However, the Ministry of Justice has great powers to intervene in trials and review cases involving more than one person from Dali Temple. In addition to supervision, the Imperial Palace also participated in the trial of major cases. Major cases assigned by the emperor were tried jointly by the above three judicial organs, which was the "three judges" in the Tang Dynasty. At the same time, the system of repeating the death penalty was also made clear, and the death penalty had to be reported to the emperor before it could be carried out with approval.
Song Dynasty
The judicial organs of the Tang Dynasty also inherited the system, but there were some changes, such as the establishment of the Court of Trial and Punishment in the period of Song Taizong, which seized part of the functions and powers of the Dali Temple and the Ministry of Punishment, and was abolished in the period of Shenzong, and the functions and powers were divided into the Dali Temple and the Ministry of Punishment. Local jurisdictions, states and counties are also judicial and administrative. In order to strengthen the administration of local justice, prison officers were set up in various districts to supervise the judicial affairs of the states and counties. The Song Dynasty also stipulated that magistrates must personally try cases, otherwise the penalty was two years. From then on, until the Ming and Qing Dynasties, for more than 800 years, state (government) and county officials had to personally judge cases.
Yuan Dynasty
On the basis of inheriting the system of the previous dynasty, there were also changes, while retaining the Ministry of Punishment and the Imperial History table, the establishment of
Daida Zhengfu
To replace the Dali Temple. The Mongols enjoyed many judicial privileges.
It also has the three law departments as the main judicial organs. However, its functions and powers changed, and the trial power of Dali Temple was vested in the Ministry of Criminal Justice, while the review power of the Ministry of Criminal Justice was given to Dali Temple, and the Imperial Palace was renamed the Capital Procuratorate. The secret service organizations of the Ming Dynasty, such as Jinyiwei, East Factory and West Factory, also had the judicial power, and even overrode the ordinary three law departments, and were directly under the jurisdiction of the emperor to judge and execute on their own. Meanwhile,
Ming and Qing dynasties
the
Joint trial system
Also perfect. The supreme decision on death penalty cases remained with the emperor. The centralization of power is concentrated in the judiciary. The development and change of the ancient judicial organs reflected the trend of gradually strengthening the imperial power. The judicial organs had always been subordinate to the administration and finally to the emperor, which showed that the judiciary was only a tool of the absolute monarchy, and the independence of the judiciary was difficult to emerge.
In March 2024, Zhang Jun, president of the Supreme Court, went to the Henan delegation of the National People's Congress [1]
The report to the 17th National Congress of the Communist Party of China proposes to deepen the reform of the judicial system, optimize the allocation of judicial powers, standardize judicial behavior, build a fair, efficient and authoritative socialist judicial system, and ensure that courts exercising judicial power and procuratorates exercising legal supervision exercise judicial and procuratorial power independently and impartially in accordance with the law. The judicial system is an important part of China's political system. In China's judicial system, under the fundamental political system of the people's congress system, a system of relevant organs with the people's courts and people's procuratorates as the core has gradually formed in accordance with the law
Each performs his own duties
A judicial system in which each performs his or her duties, is interrelated, restricts and promotes each other. Public security organs, procuratorial organs (people's procuratorates), judicial organs (people's courts), judicial administrative organs, state security organs - in fact, this is a continuation of the "multi-head justice" under the supreme power in ancient China - paternity (paternity), according to the information available, there are more than 20 organs in control of judicial power. A full knowledge and understanding of the functional division, organizational system and mutual relations among judicial organs will help deputies to people's congresses at all levels improve their ability to perform their duties, and help people's congresses at all levels and their standing committees accurately exercise their functions and powers.
Courts exercise judicial power, mainly hearing civil cases, criminal cases, administrative cases and electoral cases. Courts include ordinary courts, administrative courts, special courts, military courts, etc. China's courts include the Supreme People's Court, local people's courts at various levels and special people's courts. There are three levels of second trial system (such as the former Soviet Union), three levels of third trial system (such as France), four levels of third trial system (such as Japan) and so on. The People's Republic of China practices a four-level system of second instance and the principles of independent trial by courts, equality before the law, open trial, and the right of the accused to a defense. The creation of judges in each country, or their appointment by the Head of State or the Lord Chancellor; Or by the legislature, a committee of judges, or voters. Judges in China are generally elected by organs of power at all levels. Most western countries implement judges' lifetime tenure, full-time, high-salary and retirement systems.
The duty of the prosecution is to represent the state against
Criminal case
Initiate public prosecutions, investigate the criminal responsibility of defendants, and supervise trial activities. However, some countries do not set up procuratorial organs independently, attaching procurators to the court system or under the leadership of judicial administrative organs. Some countries apply the principle of integration to prosecutors, all of whom are headed by the Attorney-General. There are generally strict qualifications for serving as a prosecutor, with some States requiring a number of years of service as a defence lawyer or judge prior to their appointment. In Western countries, the attorney-general is usually appointed by the cabinet. Procurators are appointed in accordance with the rules of the State for civil servants and enjoy the same legal protection as judges. China's procuratorial organs are subordinate to the organs of state power, independent of other state organs of legal supervision, and parallel to the courts. Procuratorial personnel shall be appointed or removed by organs of state power at various levels, and the appointment or removal of chief procurators shall be reported to organs of state power at higher levels for approval.
The people's courts exercise judicial power independently in accordance with the law, and no other state organ may share it.
constitution
Article 123 states that "the people's courts of the People's Republic of China are the judicial organs of the State," establishing in accordance with the law the nature of the people's courts as judicial organs to perform the judicial functions of the state.
The people's procuratorates independently exercise procuratorial power according to law and have the power to supervise the investigation of public security organs, the trial work of people's courts and the prison work of judicial administrative organs. Article 129 of the Constitution stipulates that "the People's procuratorates of the People's Republic of China are the legal supervision organs of the state", establishing the nature of the legal supervision organs of the people's procuratorates as the state procuratorial organs exercising procuratorial power on behalf of the state.
Public security organs exercise the power of investigation according to law, which has a judicial nature. Public security organs, in addition to having judicial attributes, belong to the constituent parts of state administrative organs; The main tasks of public security organs are to safeguard national security, maintain public order, protect citizens' personal safety, personal freedom and lawful property, and prevent, suppress and punish illegal and criminal activities.
State security organs file and investigate crimes endangering state security according to law, prison investigation departments file and investigate general criminal crimes occurring in prisons according to law, and military security departments file and investigate military crimes according to law, the above-mentioned organs with criminal investigation power play the same role as public security organs in the process of performing criminal investigation functions, and can be considered part of the judicial organs. However, the above-mentioned organs (including public security organs), when performing administrative functions or other non-investigative functions, belong to the constituent departments of the administrative organs or the constituent departments of the political departments of the military, and are not considered to be judicial organs.
Supreme People's Court
It is the highest judicial organ of the People's Republic of China. It is responsible for hearing all types of cases, formulating judicial interpretations, supervising the trial work of local people's courts at various levels and special people's courts, and administering the judicial administration of the courts throughout the country in accordance with the scope of duties determined by law.
Supreme People's Procuratorate
It is the highest procuratorial organ, and its main task is to lead local people's procuratorates at all levels and special people's procuratorates in carrying out the work according to law
Legal supervision
Functions to ensure the unity and correct implementation of national laws. Its main responsibilities are:
(1) Yes
The National People's Congress
and
Standing Committee of the National People's Congress
To be responsible for and report on its work and accept the supervision of the National People's Congress and its Standing Committee.
(2) To submit proposals to the National People's Congress and its Standing Committee in accordance with the law.
(3) To direct the work of the local people's procuratorates at various levels and the special people's procuratorates. Determine the guidelines for procuratorial work and assign procuratorial work tasks.
(4) To investigate cases of embezzlement, bribery, infringement of citizens' democratic rights, dereliction of duty and other criminal cases that it is considered necessary to accept directly according to law. To direct the investigative work of local people's procuratorates at various levels and special people's procuratorates.
(5) To examine, approve and prosecute major criminal cases in accordance with the law. To direct the local people's procuratorates at all levels and the special people's procuratorates in examining, approving arrest and prosecuting criminal cases.
(6) To lead local people's procuratorates at all levels and special people's procuratorates in carrying out legal supervision of civil and economic trials and administrative litigation activities.
(7) To supervise whether the local people's procuratorates at all levels and procuratorates dispatched by prison houses are lawful in carrying out criminal punishment activities and supervising activities of the executing organs according to law.
(8) To lodge a protest with the Supreme People's Court against legally effective judgments and rulings made by the people's courts at various levels that are truly wrong.
(9) To review the decisions made by local people's procuratorates at various levels and special people's procuratorates in the exercise of procuratorial power and correct wrong decisions.
(10) To accept complaints, complaints and reports of citizens.
(11) To study the prevention of duty crimes by state functionals and to put forward preventive measures and procuratorial suggestions for duty crimes; To be responsible for legal publicity of duty crimes; To be responsible for the guidance of the procuratorial organs throughout the country on the comprehensive management of other social security in the procuratorial process.
(12) To accept reports on corruption, bribery and other crimes, and to lead the reporting work of procuratorial organs throughout the country.
(13) To put forward opinions on the national plan for the reform of the procuratorial organs and, after approval by the competent departments, organize its implementation; To plan and guide the procuratorial technical work and the inspection, appraisal and examination of material evidence of procuratorial organs throughout the country.
(14) Judicial interpretation of the specific application of law in procuratorial work.
(15) To formulate regulations, rules and provisions concerning procuratorial work.
(16) To be responsible for the ideological and political work and team building of the procuratorial organs. To direct the local people's procuratorates at all levels and special people's procuratorates in administering the work of procurators according to law. To formulate measures for the administration of clerks.
(17) To coordinate with local party committees in administering and evaluating the chief procurators and deputy chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government and special people's procuratorates, and to submit to the Standing Committee of the National People's Congress for approval or disapproval of the appointment or removal of the chief procurators of the People's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; To submit to the Standing Committee of the National People's Congress for a decision on the appointment or removal of chief procurators of special people's procuratorates; It is recommended that the Standing Committee of the National People's Congress replace the chief procurators, deputy chief procurators and members of the procuratorial committees of the people's procuratorates at lower levels.
(18) To coordinate with the competent departments in administering the organizational establishment and staffing of the people's procuratorates.
(19) To organize and guide the education and training of cadres in the procuratorial system, and to plan and guide the construction of training bases and teachers in the procuratorial system.
(20) To plan and guide the planning and financial equipment of procuratorial organs throughout the country.
(21) Organize procuratorial organs to communicate with other countries and carry out relevant international judicial assistance; To examine and approve case investigations with Hong Kong, Macao and Taiwan.
(22) cadres of administrative organs and leading cadres of institutions directly under them; To examine and approve the work plans and development plans of public institutions directly under the Yuan.
(23) To be responsible for other matters that should be undertaken by the Supreme People's Procuratorate.
The organizational system among the judicial organs:
(1) The people's courts are set up according to administrative divisions and are generally divided into four levels: the Supreme People's Court, the higher people's Court, the intermediate people's Court and the basic people's Court; The people's courts at various levels are established by the people's congresses at the corresponding levels in accordance with law. They are responsible for, report on and accept supervision of the people's congresses at the corresponding levels and their standing committees; The people's courts at all levels exercise their functions and powers according to law. The Supreme People's Court supervises the judicial work of the local people's courts at all levels and the special people's courts.
(2) The people's procuratorates are set up according to administrative divisions, generally divided into the Supreme People's Procuratorate and the local people's procuratorates at all levels; The people's procuratorates at various levels are established by the people's congresses at the corresponding levels in accordance with the law. They are responsible for, report on and accept supervision of the people's congresses at the corresponding levels and their standing committees; The chief procurators of local people's procuratorates at various levels shall be elected by the people's Congress at the same level and submitted to the people's Procuratorate at a higher level for approval by the Standing Committee of the people's Congress at the same level; People's procuratorates at all levels exercise their functions and powers in accordance with the law. The Supreme People's Procuratorate directs the work of local people's procuratorates and special people's procuratorates. The people's procuratorates at the upper and lower levels are in a relationship between the leaders and the supervised. At the same time, the people's procuratorates at lower levels are responsible to the people's procuratorates at higher levels and report on their work.
Logo of the People's Court
The accused has the right to a defence. The people's courts exercise judicial power independently in accordance with the law and are not subject to interference by administrative organs, public organizations or individuals. The Supreme People's Court is the highest judicial organ. The Supreme People's Court supervises the judicial work of the local people's courts at various levels and the special people's courts, and the people's courts at higher levels supervise the judicial work of the people's courts at lower levels. The Supreme People's Court is responsible to the National People's Congress and its Standing Committee. Local people's courts at various levels are responsible to the organs of state power that created them. The judicial work of the people's courts at all levels and of all types shall be subject to the supervision of the Supreme People's Court. Local people's courts at various levels shall be established according to their administrative divisions, and special courts shall be established according to their needs.
Local people's courts at various levels are divided into basic people's courts, intermediate people's courts and higher people's courts. The basic level people's courts include the people's courts of counties, autonomous counties, cities not divided into districts, and the people's courts of municipal districts. A number of people's tribunals shall be established by the basic people's courts as representative organs, but the people's courts are not of the same trial level. The intermediate people's courts include the intermediate people's courts established by region in provinces and autonomous regions, the Intermediate people's courts in municipalities directly under the Central Government, and the intermediate people's courts in cities under the jurisdiction of provinces and autonomous regions and autonomous prefectures. Special people's courts refer to the courts set up in specific departments to try specific cases according to actual needs. In China, special courts such as military, maritime and railway transport courts are established.
Emblem of the procuratorate
