Judicial System Of The People's Republic Of China
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Judicial System Of The People's Republic Of China
The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China. According to the constitution, the court system is to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. The Party's Political and Legal Affairs Commissions coordinates and have direct control over all the court system.Human Rights Watch Walking on Thin Ice April 28, 2008. Hong Kong and Macau have separate court systems, as mandated by the Constitution and their respective Basic Law, in accordance with the One country, two systems doctrine. Court structure According to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system (Supreme, High, Intermediate and Primary): * At the highe ...
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Republic Of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the island around 6,0 ...
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Constitution Of The People's Republic Of China
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution. History The first Constitution of the People's Republic of China was declared in 1954. After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended five times. In addition, evolving constitutional conventions have led to significant changes in the structure of the Chinese government in the absence of changes in the text of the Constitution. Structure #Preamble #General Principles (Chapter 1) #The Fundamental Rights and Duties of Citizens (Chapter 2) #The ...
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Maritime Court (People's Republic Of China)
A maritime court is a court of special jurisdiction of China that deals with matters in the waters under Chinese jurisdiction. In 2016, China created the International Maritime Judicial Center which will be a branch of already existing military court. The purpose for the creation was to protect the country's maritime rights and sovereignty claims. References Judiciary of China China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
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Railway Transportation Court (China)
Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a prepared flat surface, rail vehicles (rolling stock) are directionally guided by the tracks on which they run. Tracks usually consist of steel rails, installed on sleepers (ties) set in ballast, on which the rolling stock, usually fitted with metal wheels, moves. Other variations are also possible, such as "slab track", in which the rails are fastened to a concrete foundation resting on a prepared subsurface. Rolling stock in a rail transport system generally encounters lower frictional resistance than rubber-tyred road vehicles, so passenger and freight cars (carriages and wagons) can be coupled into longer trains. The operation is carried out by a railway company, providing transport between train stations or freight customer facilit ...
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Military Court (People's Republic Of China)
The Military Court of the Chinese People's Liberation Army (referred to as the Military Court of the PLA) is the highest level military court (High Military Court, a special people's court executing the authority of the High People's Court) established by the People's Republic of China within the Chinese People's Liberation Army with jurisdiction over the nation's armed forces (including the People's Liberation Army and the People's Armed Police), organized as a unit directly under the Political and Legal Committee of the Central Military Commission, and operationally under The Supreme People's Court and the Political and Legal Committee of the Central Military Commission are under the dual leadership of the Supreme People's Court and the Political and Legal Committee of the Central Military Commission. History Before 1954 On September 1, 1931, the Soviet Government of the EYUAN District promulgated the Provisional Regulations of the Revolutionary Military Tribunal, which stated ...
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Court Of Special Jurisdiction (People's Republic Of China)
Court of special jurisdiction is one level of the court system in China. The courts under this jurisdiction includes: * Military courts * Railway transport courts * Maritime courts * Shanghai Financial Court * Beijing Intellectual Property Court * Shanghai Intellectual Property Court * Guangzhou Intellectual Property Court * Hangzhou Internet Court See also * Special jurisdiction Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing autho ... {{DEFAULTSORT:Court Of Special Jurisdiction (China) Judiciary of China ...
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Primary People's Court
A primary people's court () is a lowest level court in the Courts of General Jurisdiction in the People's Republic of China. According to the '' Organic Law of the People's Courts of the People's Republic of China'', the basic people's courts handle the first instance cases at the local level. Basic people's courts are set up at the county and district level. They consist of a president, vice president, and judges. A basic court may be further divided into criminal, civil, and economic divisions. Basic people's courts also handle cases that are deemed too trivial to require a trial. References See also * Judicial system of China The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China. According to the constitution, the court system is to exercise judicial pow ... ** Local people's court Judiciary of China {{PRChina-stub ...
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High People's Court
A high people's court or higher people's court (高级人民法院) is the highest local court in the People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig .... In each province, it is subject to the "People's Congress". According to the '' Organic Law of the People's Courts of the People's Republic of China'', the courts are responsible for issues at the provincial level. National matters are handled by the Supreme People's Court. The President of each high people's court is appointed by the People's Congress. Judges are appointed by the "Standing Committee" of the People's Congress. References See also * Judicial system of China ** Local people's court Judiciary of China {{China-stub ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ...
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Local People's Court
A local people's court is a court at local level of the People's Republic of China. According to the ''Organic Law of the People's Courts'', the local people's courts includes: * High people's courts * Intermediate people's courts * Primary people's courts During the 1940s and 1950s, people's courts were village meetings in which peasants would engage in airing grievances about their landlords. These were known as 诉苦 会 ''sùkǔhuì'' “speak bitterness meetings” and were often organized by Communist militants for the denunciation of landlords. They have been described as a form of kangaroo court. See also * Judicial system of China The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China. According to the constitution, the court system is to exercise judicial pow ... * Court of special jurisdiction References Judiciary of China {{Polit ...
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