|
According to the Constitution and Organic Law of the People’s Procuratorate of China, the procurator-general of the Supreme People''s Procuratorate is elected and removed by the National People’s Congress. The deputy procurator-genera, members of the procuratorial committee and procurators are appointed and removed by the Standing Committee of the National Congress upon recommendation by the procurator-general.
The chief procurators of local people''s procuratorates at and above the county level are elected and removed by the people’s congresses at the corresponding levels, which must be reported to the chief procurator at the next higher level, who submits it for the approval of the standing committee of the people’s congress at the same level. The deputy procurator-genera, members of the procuratorial committee and procurators are appointed and removed by the Standing Committee of the People’s Congress at the recommendation by the chief procurator.
COUTS
1. Administration
According to the Constitution of China, the people''s courts are the judicial organs of the state. They are elected by and report to the People''s Congress at the same level.
The People''s Republic of China establishes the Supreme People''s Court and the people''s courts at various local levels, military courts, railway transportation courts and other special people''s courts.
The Supreme People''s Court is the highest judicial organ. The Supreme People''s Court is presided over by one president and a number of vice presidents, chief justices and justices. The Supreme People''s Court exercises the following powers:
1) Supervise lower courts and special courts. If the Supreme People''s Court finds some definite error in a legally effective judgment or order of a people''s court at any lower level, it shall have the power to bring the case up for trial itself or may direct a people''s court at a lower level to conduct a retrial;
2) Try major criminal cases that pertain to the whole nation;
3) Appeal or protest brought against the judgments and orders of the Higher People''s Courts and special courts;
4) Protest cases submitted by the Supreme People''s Procuratorate in accordance with legal procedures;
5) Approve death penalty cases;
6) Issue judicial interpretations.
The Higher People''s Courts are set up in provinces (autonomous regions and municipalities). As the end of 2002, there are 32 Higher People''s Courts in the country. Their responsibilities include: handle cases of first instance, cases of appeals and protests brought against judgments and orders of the intermediate people''s courts, and cases of protests brought by the people''s procuratorates in accordance with the procedures of judicial supervision, and review cases submitted by intermediate courts involving a death penalty with two years'' suspension. They also supervise the administration of justice by lower courts.
The Intermediate People''s Courts are established in the prefectures and cities. These courts handle cases of first instance, cases of appeals and protests brought against judgments and orders of the primary people''s courts, and cases of protests lodged by the people''s procuratorates in accordance with the procedures of judicial supervision. They also supervise the administration of justice by the primary people''s courts.
|
