The Chinese People's Procuratorate

The Chinese Prosecution Authority


Term Paper, 2008
10 Pages, Grade: B+

Excerpt

Table of Content

1. Overview

2. Structure of the People’s Procuratorate

3. Functions and Powers of the People’s Procuratorate

4. The Necessary Qualification of the People’s Procurators

5. A Short Overview of the Prosecutorial System in Austria and the Differences to the Chinese People’s Procuratorates

6. Conclusions

7. Bibliography

The People’s Procuratorates

1. Overview:

The People’s Procuratorates are the Chinese criminal prosecution authorities. Unlike in many other countries, for example in Austria, they are not part of the administrative branch of the government; one could say they are a branch of its own. Another important difference is the additional task of the people’s procuratorates, the legal supervision.

In this essay I want to describe how the procuratorate system works, what are the main principles for its organization and what are the major functions of the People’s Procuratorates.

In the end I will point out some of the differences between the Austrian prosecution authority and the Chinese People’s Procuratorates are.

2. Structure of the People’s Procuratorates:

The people’s procuratorates are structured at various levels of government or special procuratorates, similar to the Chinese court system.[1] As there are courts on four levels, there are People’s Procuratorates on four levels. Each court level has its own branch of the People’s Procuratorates assigned (Figure 2).[2] As Hong Kong and Macao are the two Special Administrative Regions, they are not part of the people’s procuratorates system and rely on the common law tradition respectively on the Portuguese legal tradition.

The Supreme People’s Procuratorate is on the same level as the Supreme People’s Court. Analog to the Supreme People’s Court (SPC), the Supreme People’s Procuratorate (SPP) is only responsible to the National People’s Congress (NPC) and the Standing Committee of the National People’s Congress (SCNPC). The SPP reports on a yearly basis to the NPC and it is also subjected to the NPCs supervision.[3] All People’s Procuratorates, established under the SPP, are not only responsible to the SPP, but also to their corresponding People’s Congress, this is the dual leadership structure of China’s procuratorates (Figure 1). The Provincial People’s Procuratorates (also referred to as ‘High People’s Procuratorates’[4] ), for example are responsible to the Provincial People’s Congresses and to the Supreme People’s Procuratorate.[5] This structure of dual leadership cannot be found in the Chinese court system, courts at higher levels only supervise the administration of justice.[6]

illustration not visible in this excerpt

Figure 1, the dual leadership structure

The procurator general is elected by the National People’s Congress[7]. The deputy procurator generals and the procurators of the Supreme People’s Procuratorate are appointed by the Standing Committee of the National People’s Congress.[8] The personnel of the people’s procuratorates below the SPP, the chief procurators, deputy procurators and procurators, are assigned by the people’s congresses and their standing committees on corresponding levels. The term of the procurator general and the chief procurators correspond with the term of the people’s congress on their level and the procurator general can only serve two consecutive terms.[9]

The appointment of a chief prosecutor at lower level must be submitted to the next higher level procuratorate and approved by the standing committee of the people’s congress at this level.[10]

[...]


[1] China – Outlines of the Constitution of the People’s Republic of China, Zhang Fusen, Law Press 2004, p. 84

[2] Concise Chinese Law, Law Press 2007, p. 34f

[3] China – Outlines of the Constitution of the People’s Republic of China, Zhang Fusen, Law Press 2004, p. 85

[4] Chinese Legal System & Current Legal Reform, Konrad Adenauer Stiftung 1999, p. 377

[5] Concise Chinese Law, Law Press 2007, p. 35

[6] Art. 127, Constitution of the People’s Republic of China

[7] Concise Chinese Law, Law Press 2007, p. 29

[8] Concise Chinese Law, Law Press 2007, p. 35

[9] Art. 130, Constitution of the People’s Republic of China

[10] Art. 22, Organic Law of the People’s Procuratorates of the People’s Republic of China

Excerpt out of 10 pages

Details

Title
The Chinese People's Procuratorate
Subtitle
The Chinese Prosecution Authority
College
Tsinghua University  (Tsinghua University)
Grade
B+
Author
Year
2008
Pages
10
Catalog Number
V127189
ISBN (eBook)
9783640347544
ISBN (Book)
9783640347292
File size
543 KB
Language
English
Tags
Chinese law, Chinese People's Procuratorate, prosecution
Quote paper
Mag. Ludwig Hetzel (Author), 2008, The Chinese People's Procuratorate, Munich, GRIN Verlag, https://www.grin.com/document/127189

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