Chinese Judiciary-

Supreme People’s Court

 Introduction
• Liberal democracies: separation of Judiciary from
other branches of govt., independence and impartiality
are considered indispensable ; ensuring the freedom of
the citizens
• In communist countries; the Judiciary acts more as a
watchdog of the ‘Social Order’ rather than as a symbol
of people’s rights and liberties
• Concept of Loyalty-promotes or protects interest of
state; the attainment of the goals of socialist
philosophy is considered as legal
• Anything which opposes or hampers the advance of
socialism is considered as illegal
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• In communist countries the philosophy is that the
govt and people are one and the same thing. Anyone
or anything opposed to the govt is opposed to the
people and vice and versa. The judiciary must serve
political ends
• No separation of powers
• Ar. 78 talks about independence of judiciary but
only in theory and not in practice
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• NPC elects the President/ chairman of the Supreme
People’s Court and the standing committee of the
NPC supervise the work of the judiciary and has the
power to appoint and remove the judges of the
courts
• The judiciary in reality is subject to checks and
control of the communist party
• Judiciary of china is neither – non political , nor
independent, nor impartial
• Members of the court are subject to pressure and
influences of the communist party
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• Courts Not very powerful; cannot challenge or
strike down the laws of the leg. When they
contradict the constitution
• The court cannot strike down the orders and
decision of the executive either
• The NPC and its standing comm. Have the power to
interpret laws and are considered as the guardian of
the constitution and not the judiciary
• Judiciary in china is not the protector or custodian
of the rights of the people
 The Judicial Structure
• Pyramidal Structure- Supreme People’s Court at the
Apex
• SPC highest judicial organ of the court
 Organization of the SPC
• Consist of a President, Vice President and other judges.
• The President is elected for 4 years by the Npc, which
also has the power to remove him.
• The V.P and other judges are appointed by the Standing
Com. Of the NPC (Can be removed by it)
• SPC is responsible to the NPC and the Standing com.
 Functions
• The SPC supervises the judicial work of the higher
local people’s courts and which in turn supervise the
work of the Lower People’s Courts
• Constitution authorizes the SPC to supervise the
work of local people’s courts and others it does not
define the powers and jurisdiction of the SPC
• SPC has both Original and appellate Jurisdiction
(National Importance)
• In China only one appeal is allowed
 Lower People’s Court
• 3 more courts:
1. Higher People’s Court
2. Middle level People’s Courts
3. Primary People’s courts
 Supreme People’s Procuratorate
• Work towards protecting the rights of the citizens
• Similar to public Prosecutors or govt Advocates in
India.
• Organization and Jurisdiction (Supreme People’s
Prosecutors
• Elected for 4 years by NPC
• At the apex is the supreme People’s Procuratorate
which exercises Procuratorial authority over all
departments of the state council , all local organs of
the state, persons working in the organs of the state
at all levels
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• The SPP has the power to take action against the
executive and administrative agencies of the
central and state govt. agencies and citizens if
they act against law
• The deputy chief procurators, procurators and
members etc are appointed and removed by the
standing comm of the NPC
• The SPP reports to the NPC or its Standing com.
 Local Procuratorates
• They work under the procuratorates at the
higher levels
• Work under the unified command of the Spp
• System is highly centralized
• Procuratorates thus are superior to the courts
as they can take action to correct a court
decision
 Functions
• Can launch investigation and prosecutions against ministers
of the state council and against all local organs of the state
and public official's citizens
• Supervise the execution of sentences in criminal cases
• Right to ask state organs to rectify any decision order or
measure which is contrary to law
• Although the Procurators themselves cannot annul any
decision, their decisions carry great weight within the govt
• Thus the procurators protect the citizens against arbitrary
actions of the state or improper decision of the courts