中国刑事司法制度
THE CRIMINAL JUSTICE SYSTEM OF CHINA
杨新京
【全文】
By Xinjing Yang
National Procurators College Of China
GENERAL OVERVIEW
China''s criminal justice system consists of the public security organs, procuratorates, courts and prisons. At the central level, the Ministry of Public Security and the Ministry of Justice administer China''s police and prisons respectively. The Supreme People''s Court is the highest judicial branch in the country. The Supreme People''s Procuratorat is the highest state branch of legal supervision, with prosecution as its main function. The police departments or bureaus, the justice departments or bureaus, the procuratorates and courts at various levels are established to fulfill their respective duties in their own jurisdictions.
In judicial activities, the public security organs, the people''s procuratorates, the people''s courts and the prisons have a division of labor with separate responsibilities and checks and balances to guarantee the accurate and effective enforcement of the law. The public security organs are responsible for the investigation, detention, arrest and preliminary inquiry in criminal cases. The people''s procuratorates are responsible for approving arrests, initiating public prosecution and conducting legal supervision. The people''s courts are responsible for adjudication. The prisons are responsible for sentence execution. No other branch, organization, or individual has the right to exercise their powers.
CRIME
1. Classification of Crimes
In the Criminal Law (1997), there are 413 accusations. All crimes are classified into ten categories according to the object of the crime:
1) Crimes of endangering national security, such as treason, espionage, split the state and mass rebellion;
2) Crimes of endangering public security, which are crimes endangering the life and wealth of many people, as well as the security of public and private property, such as arson, breach dikes, explosions, spreading poison, hijack, illegal manufacturing, trading in or transporting guns or ammunition, causing traffic accidents, and causing major productive accidents;
3) Crimes of disrupting the order of the socialist market economy, which includes smuggling, financial fraud, produces or sells fake medicines, counterfeits currencies, and jeopardizing administration of tax collection;
4) Crimes of infringing upon the right of the person and the democratic rights of citizens, such as homicide, bodily injury, rape, kidnap, abducting and selling women and children, unlawful detention of another person, unlawful intrusion into another person''s residence, defamation, insult and humiliation, and using torture to coerce a statement, bigamy, abuse of a family member, and abandonment;
5) Crimes of property violation, such as robbery, stealing, swindle, extortion by blackmail, and intentionally destroying property;
6) Crimes of disrupting social order, such as disrupting public affairs, forging official documents, certificates or seals, perjury, harboring criminals, concealing stolen goods, gambling, drug deals, and prostitution;
