Criminal Justice System of China

• NCJ Number: 87492
• Journal: Justice Reporter Volume: 2 Issue: 4 Dated: (July/August 1982) Pages: 1-8
• Author(s): R A Myren
• Date Published: 1982
• Length: 8 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

The basic parts of China's criminal justice system are the public security agencies, the people's procuratorates, the people's courts, and the ministries of education, justice, and public security.

Abstract

The most important segment of the system appears to be the people's procuratorates, which are similar to the attorney general and prosecutor in the United States in terms of their responsibilities in criminal cases and in exercising their functions independent of outside control, except by the relevant legislative bodies. Law provides for the Supreme People's Courts, local people's courts at various levels, and special people's courts. The levels of local people's courts are basic, intermediate, and higher. Special courts include military courts, railway transport courts, water transport courts, and forestry courts. All cases are heard in public except those involving state secrets, shameful personal secrets, and juvenile delinquencies. At the same level as the Supreme People's Court and procuratorate, responsible only to the National People's Congress, is the Council of State. Analogous to the President's Cabinet in the United States, the Council is composed of the heads of at least 38 ministries and a number of commissions. Most relevant to the criminal justice system are the Ministries of Public Security and Justice. The Ministry of Public Security operates the police and correctional agencies, and the Ministry of Justice has eight departments which relate directly to departments and bureaus of justice at the provincial and district levels: the departments of education and propaganda, training and education, administration of lawyers and notarization, technical assistance, foreign affairs, codification and publication of laws, finance and budgeting, and general administration. Included in this report are outlines of China's substantive criminal law and law on criminal procedure.