Focal Government.


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The tenth NPC that chose the New Central Government, March 2003 ... advanced education, great morals, no criminal record, not holding government office ...
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Focal Government

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US Government Structure

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CCP in context Mr. Hu, Secretary General Central Politburo (Standing Committee) Central Committee National Party Congress The Chinese Communist Party (CCP) NPC and its Standing Committee Other Institutions

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Who is the Chief? Party Chief Military Chief President of the PRC "Political force becomes out of the barrel of a weapon." - Mao

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The 10 th NPC that chose the New Central Government, March 2003

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Relationships of the Central and Local Governments Principle: Democratic Centralism The individual is subordinate to the gathering; The Minority is subordinate to the lion\'s share; The Lower is subordinate to the more elevated amount; The Local is subordinate to the focal. Any issue with this standard?

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Name maters NPC - Basic Laws NPC (NPCSC)- - Other Laws State Council - Admin. Controls Ministries - Ministerial Rules Local NPC - Local Regulations Local Gov - Local Admin. Rules Local Dept.- - Local Dept. Rules

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International law as Chinese law Self Executing None Self Executing International Covenant on Economic, Social and Cultural Rights China U.S. Signature: 10/27/1997 10/5/1977 Ratification: 3/27/2001 NO International Covenant on Civil and Political Rights Signature: 10/5/1998 10/5/1977 Ratification: NO 6/8/1992

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Court Structure Application and Enforcement of Laws Court Procuratorate Public Security Bureau (PSB)— Police

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Under NPC Cont. 126: legal freedom blue p.174 Cont. 128: Court reports to NPC Cont. 62 (7), 63 (4): NPC designates or expels judges. Cont. 124: 5 yr Term, no residency

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Court Structure Four levels: Supreme People\'s Court (SPC) High People\'s Court (HPC) Intermediate People\'s Court (IPC) Basic People\'s Court (BPC) People\'s tribunals Divisions inside a court Criminal Civil Economic Administrative IP (a few courts)

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Supreme Court High Court Inter. Court Basic Court Tribunal

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Court Personnel President (selected) Vice president (government worker) Chief judges (government employee) Deputy boss judges (government worker) Assistant judges (government employee) The capability for being judges is low. Paid less. Constrained powers as contrasted and U.S. judges.

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Jurisdiction Basic People\'s Courts Intermediate People\'s Courts, among others - Death punishment Cases with remote components High People\'s Courts Supreme People\'s Courts Discretion Theoretically can be court of first example, yet uncommon practically speaking.

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Process Two trials to finish a case Collegiate seat of three or more judges Criminal cases: 1-1.5 months Civil Cases: 6 months, or 3 months in sped up procedure Procuratorate can challenge court judgment.

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No Jury, however People\'s Assessors Appointed and paid by the Court Five years arrangement Qualifications: maintaining con. Great wellbeing, advanced education, great morals, no criminal record, not holding government office Training Equal voting rights with judges Cases with awesome effect, or as asked for by gatherings

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Adjudication Committee (AC) OLPC Art. 11 Judgments of a court are not legitimate without the last endorsement of the president or the main judge of a division of the court. Air conditioning comprises of the president, boss judges and senior judges. The reason for AC is to survey troublesome cases. Air conditioning may choose a case without looking into records; AC may choose a case that ought to be heard at the lower court.

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Chief Justice\'s Role Compared Chief Justice in the U.S. (see present)

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Judgments Limited power Mechanically apply the law Cheng Kejie Case Vice NPC director sentenced to death on debasement accusation. See gift.

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Adjudication Supervision (AS)- Reopen Cases Not ordinary bid process Normal offer Civil—judgment 15; request 10 distinction amongst judgment and request see: CPL workmanship 138 blue 75 Criminal-judgment 10; request 5 Who can supplication for AS? Parties President of the Ct. S. Ct. Procuratorate Criminal P.L. craftsmanship. 203-205 blue p. 282 Civil P.L. craftsmanship. 177-188 blue p. 81

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Procuratorate Has the same rank as a court Supervisory part

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Party Influence Political-Legal Committee comprises of the president of court, the president of procuratorate, and the head of PCB. Impact debilitated? Through regulating records, which plainly abrogate law (eg. Tuojiang Pollution Accident )

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Judicial Independence Compared Court spending http://www.npr.org/formats/story/story.php?storyId=4598172 (Audio Clip) Supreme Court, Congress Clash on Rulings by Nina Totenberg 

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Factors influencing Judicial Independence Lawyers Legal researchers Officials, people with associations with authorities Mediation panels Neighborhood boards of trustees Work Unites ( Danwai )

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Enforcement of Judgment Court accountable for implementation Low rate: 40 % Local Protectionism Guangdong organization looked for requirement of a $900,000 judgment against a Hainan organization in 1996. Hainan court suspended the judgment without clarification. Judgment on Sale, imprisoned for looking for requirement, and so forth