JUDICIAL

SYSTEM
Judiciary plays an entirely different role in the
socialist countries. It protects socialist legality and
strenghthens the socialist system as an organ of the
government. It is not an independent branch of the
government, functioning as the dispenser of justice
and guardian of the rights of the people saviour of
the constititution as is the western democratic
countries or India. In china, it is presumed that there
can be no conflicts between the individual and the
State. The communist party is the vanguard of the
people.
 Judicial structure
The judicial structure of china is simple and is
pyramidical. The local People's Courts constitute
the base and Supreme People's Court is at the
apex. The middle level courts function in the
countries and autonomous chou. A higher peoples
court exist ae head of the court systen in every
province, autonomous region and municipality
directly under the central authority.
 The organization of the People's Court is
determined by law. Thier work is supervised by the
Supreme People's court. The higher People's Court in
the provinces also work under the supervision of the
Supreme People's Court. The provincial People's
Court supervise the working of the courts below
them. Each of the peoples court consists of the
president and a number of judges who are elected by
the corresponding Congress of the region.
Supreme People's Court
The supreme People's Court is at the apex of a
hierarchical judicial system of China.
Compositiona nd tenure- it consist of president, some
Vice- Presidents and judges. The number of judges is
fixed by law. The president of the court is elected by
the NPC and is removable by the latter. The Vice
President and the judges are elected by the Standing
committee, on the recommendation of the president
of the court andare removable by the same
committee.
 The President and other members of the court is
elected for a five years. They are re- eligible once.
The Supreme People's Court owes responsibility to
the NPC or the standing Committee when the latter
is not in session.
Powers- The powers of the court are not defined in
the constitution. However presently, the following
are some of its powers.
(i) It supervises the work of the court below it. Atticle
127 states," the supreme people's court is the
highest judicial organ.
(ii) It performs such other functions the NPC entrust
it.
(iii) It possesses original jurisdiction in cases of national
importance.
(iv) It possesses apellate jurisdiction as well. In this
capacity, it hears appeals against decisions of the higher
People's Court in the provinces and autonomous
regions.
(v) Its main function is to establish socialist legality
under the leadership of the Communist party.
 An Appraisal
The Chinese Constitution boast of Indefendence of
judiciary. An analytical appraisal of the appointment,
position and powers of the Supreme People's Court
reveals that it claim of being an independent court is a
mere exaggeration. The judges who are elected and are
removable by the legislator,whose tenure is for a limited
period and who are not constituting a seperate branch of
the Government but only a department,can hardly claim
independence of characters.
 The People's Protectorates
Like the Erstwhile Soviet union, the peoples Republic
of china maintains the system of People's
Procuratorates.
Appoinment and Removak of supreme
People's Precuratorate
The procuratorate general of the Supreme People's
Procuratorates is elected by the NPC. His term
coincides with that of the NPC he holds office for a
period of five years.
Local People's Procuratorates
The local People's procuratorates are elected by the
local organs of the State tauthority and are
responsible to the organs of State authority that
create them.
Democratic Centralism in local procuratorate
system
They function according to democratic
centralism principle- they function under the
guidance of the procuratorates at the higher
level.
Independence of procuraturate
system
People's procuratorate of all levels exercise
procuratorial power independently according to the
law.
Functions of Procurators
(1) To present the people guilty of violation of the
socialist legality before the courts and prosecute
them.
(2) To advise the Goverment on the legal matters.
(3) To take action not only against citizens but also
against central and provincial Governments for anya
ction ,contrary law.
(4) To exercise prosecuratorial authority over all
departments of the State Council, all local organs of
the state, person working in the state organs and
citizens, to ensure proper observance of law.
(5) To prosecute the officials who in their opinion are
guilty.
(6) To act as guardians of socialist legality.
(7) To investigate cases of violation oft he law and
particularly those of the counter revolutionary
crimes.
(8) To ensure that the criminals who seek to
sabotage the people's government are suppressed.
(9) To coordinate their work with the class struggle
and seek peole's unqualified support and obedience
to the communist rule in the country.
Salient Features of judicial system
in China
1. Single integrated judicial system- There is a single
unified judicial system in china.
2. Elected Judiciary- An impartial and independent
judiciary supposed to be appointed by the chief
executive on the basis merit.
3. No fixed qualification or tenureThe Constitution
does not lay down any set criterion for the
appoinment of judges.
4. Open trials- is allowed the Constitution, eccept in
certainspecified cases.
5. No judicial Review- The Supreme People's Court
vested with the power of judicial review.

Critical Appraisal of the Judiciary

Judiciary in China is not an independent branch of
the Government in the sense it is in the USA. It is just
like a Government department meant toi mplement
the policies of the party and protect the socialist
legality.
RIGHTS AND DUTIES(ARTICLES 33 TO 56)

Chapter 2 of the New Constitution gives a detailed

description of rights and duties which apparently seem
to be very impressive and make other democracies
blush with shame.
The fundamental rights can be categorized as
economic, social, cultural, political and the civil.Article
33 of the New Constitution lays down that all citizens
are equal before law and enjoys all fundamental rights.
Economic Rights
Most of the economic rights in China are similar to
the rights onced enjoyed by erstwhile Soviet citizens.
Right to work has been guaranteed by Article 42 of
the Constitution. The state tries to find work for
every able-bodied person. No one is to remain
without work.
The state not only creates conditions for
employment, it improves working condition and
enhances remumeration for work and social benefits.
 Right to Rest Article 43
In China, the state provides facilities for rest and
recuparation of working people. Hours of worj are
fixed by the state.The workers can avail enough
vacation.

RIGHT TO MATERIAL SECURITY(ARTICLE 45)

The Chinese enjoy material security in the old age
and in case of physical incapacity.
Right to Material security
The chinese enjoy material security in the old age
and in case of physical incapacity.

Social and Cultural Rights

The Constitution has guaranted a number of social
and cultural rights as follows:
1. Right to Education - Citizens have right as well as
the duty to recieve education.
2. Freedom to engage in specific
research and cultural pursuits
The state promotes scientific researcha nd other literary
activities.
POLITICAL RIGHTS
China is governed by the ideology of marxism-Leninism
and Mao Zedongs thought.
Political rights allowed to the fact are limited.
1. Right to vote and contest election- This right is allowed
to all citizens who are at least of eighteen years of age
wthout discrimination on the basis of
nationality,race,sex,occupation,family
background,religious belief or educational attainments.
CIVIL RIGHTS AND PERSONAL
LIBERTIES(article 35)
The citizens be have been assured a number of civil
rightsa nd personal liberties.
FREEDOM OF RELIGION(article37-40)
Personal freedom is allowed in China. The
freedom of person is inviolable.
WOMEN EQUALITY
Women in China enjoy parity with men of all
fields-political,economic,cultural and family life.
 MISCELLANEOUS RIGHTS
Overseas Chinese Rights (Article 50)
According to Article 50, the fundamental rights of
Chinese and thier relations abroad will be protected by the
State.
Right of Asylum to the Foreigners (article 32)
Article 32 of the Constitution provides that China will give
asylum to all such foreign nationals who on account of
political resons request for such asylum.
Right to Property
Mention may be made about right to property which is
not a fundamental right but Article 13 makes a mention
about personal property which can be owned by China.
Fundamental Duties
Rights and Duties are co- relative.They are as follows.
1. According to article 42 right to work is a duty also.
2. It is duty of husband and wife to keep family planned.
3.According to Article 51, it is the duty of the citizens
to exercise their rights in a manner that the interests
of the State and society do not suffer and the rights
and liberaties of other citizens are not abrogated.
4. It is the duty of the citizens to safeguard the unity
of the country unity of all its nationalities.
AN APPRAISAL
An appraisal of the rights leads to us to the
Conclusion that socio economic rights are enjoyed by
the citizens both in theory and practice.
DEMOCRATIC CENTRALISM
The Chinese State is built on the principles of democratic
centralism as opposed to the bureaucratic centralism
that prevails in western democracies.
ITS WORKING
Centralisation of State Power
In china, the power is completely centralized is in
national people's congress. Thep provincial which guides
and supervise the country congresses which in thier turn
guide and supevise the town.people's congresses.
Democratisation of the State
Power
Whereas there is centralism in the political set up of
china, democracy also characterises it.
Democratic Centralism in the Communist party
Democratic Centralism is the organizational
principle of the party. The democratic aspect is
discernible from the election of all the leading party
organs at all level. This means the election of party
Congresses at each level in the hierarchy.
 End of
my report!!!!!