Test Your Knowledge of the National People's Congress and Chinese Judicial Syste...

Overview of the National People's Congress and Chinese Judicial System

• The National People's Congress (NPC) is the highest organ of state power in China and convenes a session every year.

• Deputies to the NPC are elected by means of indirect election and comprise representatives from provinces, autonomous regions, municipalities directly under the Central Government, army and special administrative regions all over the country.

• The NPC has the power to amend the Constitution, enact and amend laws, elect or appoint members of state bodies and organisations, examine and approve major state issues, and supervise the work of the State Council, the Supreme People's Court and the Supreme People's Procuratorate.

• The people's congress system reflects the rights of the people by including representatives from all classes, regions, ethnic groups and sectors, with full participation of the people.

• The President of the People's Republic of China is the nominal head of state, elected by the NPC, and has duties covering internal and foreign affairs.

• The State Council is the executive body of the highest organ of state power and is responsible for formulating rules and regulations, administering national defense, culture, education, economy, foreign affairs, and leading and supervising ministries and local administrative organs at all levels.

• The Chinese judicial system includes the people's courts, people's procuratorates, and special people's courts and procuratorates.

• The Supreme People's Court is the highest judicial organ in China and is located in Beijing.

• Local people's courts at different levels are responsible for accepting and hearing cases, while the Supreme People's Court examines and approves death penalty cases, brings to trial wrong judgments made by subordinate courts, and provides judicial interpretation on how to apply specific laws.

• People's procuratorates prosecute all actions that violate state laws and include the Supreme People's Procuratorate and local people's procuratorates at different levels.

• The Supreme People's Procuratorate directs and supervises the work of people's procuratorates at all levels.

• The Chinese judicial system aims to ensure the unified application of laws and provide legal supervision to protect the rights of the people.The People's Procuratorates and System of People's Assessors in China

• The People's Procuratorates are judicial agencies that oversee the implementation of laws and investigate and prosecute crimes.

• There are different levels of People's Procuratorates, including local and special ones, each with their own departments.

• The chief procurators at local levels serve the same term as the people who created the procuratorate.

• The Procurator-General of the Supreme People's Procuratorate can serve no more than two consecutive terms.

• The system of People's Assessors is a basic judicial system in China where non-professional judges participate in trials.

• People's Assessors cannot serve as the presiding judge but can form a panel with professional judges to try cases together.

• The system of People's Assessors was enacted in 1951 and made into an important judicial principle in the 1954 Constitution.

• The criminal procedure law consistently includes provisions about the system of People's Assessors.

• People's Assessors can directly and effectively supervise the administration of justice and prevent the abuse of judicial authority.

• However, the system of People's Assessors is not well-implemented in China, with only a few courts adhering to it.

• The number of People's Assessors is small, and their election and appointment are led by the court, which can lead to control by judges.

• The total number of People's Assessors is too small compared to the number of judges, and some become professional assessors who are more likely to become bureaucratic.