China�s Judicial System

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					China’s Judicial System
        Broadly speaking ...
• China’s judicial system includes:

  – People’s Courts

  – People’s Procuratorates

  – Public Security system
      What do they report to?

People’s Court         People’s Procuratorate


                 People’s Congress


Government (including the Public Security)
          Strictly speaking ...
• The judicial system only includes the
  People’s Court system
• The People’s Court System includes:
  – Supreme People’s Court
  – Local People’s Court
  – Special Courts
     • Maritime Court
     • Railway Court
     • Military Court
   4 Levels of People’s Courts
           Court                    level

Supreme People’s Court                      Center

Higher People’s Court                  Province

Intermediate People’s Court                   City

Basic People’s Court          County or district
1st Trial Cases
  Administrative Litigation Law
• Passed in April 1989 and implemented in
  October 1990
• Gives the court the power to uphold,
  revoke, revise, or compel administrative
  actions
• One of the few state-sanctioned means for
  private citizens to challenge the actions of
  government officials on many regulatory
  and administrative issues
              Zhao Ziyang
• CCP Central Committee
  (1973 – 1989)
• CCP Politburo Standing
  Committee (1980 – 1989)
• CCP General Secretary
  (1987 – 1989)
• Premier (1980 – 1987)
140000
         Administrative Litigation Cases
120000



100000



80000



60000



40000



20000



    0
         1986   1987   1988   1989   1990   1991   1992    1993   1994   1995   1996   1997   1998   1999   2000   2001

                                                          Accepted   Tried
ALC’s by region (1994)
Plaintiffs in Admin. Litig. Cases
100%


90%


80%


70%


60%


50%


40%


30%


20%


10%


 0%
            1988              1989             1990               1991              1992              1993             1994              1995

 revoked administrative actions   upheld administrative actions    suits withdrawn by plaintiffs   administrative actions revised by court   other
     Benefit-cost calculations
• The government wins 38% of all ALCs
  tried in the court; the plaintiffs 19%
• Both sides have a considerable incentive
  for an out-of-court settlement
• The very act of filing an ALC gives the
  plaintiff a considerable chance (38.3% in
  1995) of obtaining the desired judicial
  relief one way or another
      A 1992 Poll Found that:
• 92% of respondents agreed that it is better
  to have the ALL than not because citizens'
  rights have gained some protection
• 74% of the government officials surveyed
  said that they had begun to exercise
  greater caution in their work because of
  the ALL
              Conclusions
• The institution of judicial review of
  administrative actions is gradually being
  consolidated

				
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posted:11/18/2011
language:English
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