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China Legal & Political System. Agenda Institutions Political Parties and Organizations Laws and...
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Transcript of China Legal & Political System. Agenda Institutions Political Parties and Organizations Laws and...
Agenda
Institutions Political Parties and Organizations Laws and Jurisdiction Administrative Divisions and Local
Organizations
Six Fundamental Institutions
The National People’s Congress President of the People’s Republic of China State Council Central Military Commission Judicial Institutions:
Supreme People’s CourtSupreme People’s Procuratorate
The National People’s Congress
China’s supreme organ Annual plenary session – 2980 delegates Five-year term Delegates from administrative regions Candidates appointed by the communist
party “Universal suffrage”
State Council
Executive Organ of state power State’s supreme administrative organ Composition:
Premier Vice-Premier State Councilors Ministers Auditor General Secretary General
Central Military Commission of China Supreme military leading organ Country’s armed forces controlling
institution Chairman elected by the National People’s
Congress Managed by the Communist Party
Judicial Institutions
Supreme People’s court Supreme People’s Procuratorate
presidents elected by the National Congress
Political Parties and Organizations
Communist Party of ChinaRuling party under the constitutionActivities within the scale of constitution and
law58 Million membersPresident of China is the general secretary
Chinese People’s Political Consultative Conference Manifestation of multi-party cooperation and
consultation system Consists of different political parties and
organizations Discuss key state principles and government
affairs Delegates elected for a five-year term Currently it has 2209 members
Non-Communist Parties Revolutionary Committee of the Chine Kuomintang China Democratic League China Democratic National Construction Association China Association for Promoting Democracy Chinese Peasants and Workers China Zhi Gong, Jiu San Society Taiwan Democratic Self-government League
All parties participate in governmental and political affairs Rights of political freedom and organization
independence.
Laws and Jurisdiction
Fundamental, Basic, Administrative and local laws
National People’s Congress (NPC) – fundamental and basic laws
State Council – administrative regulations Local congresses – local laws Supreme Court, Procuratorate and Local
courts – defends right and adjudication
Administrative Divisions and Local Organizations 22 provinces 5 autonomous regions 4 municipalities Hierarchy:
Province Prefecture (231) County and County-level cities (2216) Towns (668)
Special Administrative regions (Macao and Hong Kong)
Colonial Hong Kong
As a colony, Hong Kong was administered through a governorAppointed by the monarch of the United
Kingdom Served as the commander in chief, and
presided over the Executive and Legislative Councils
Integration with China
Hong Kong Special Administrative Region (SAR) of China effective July 1, 1997.
“One country, two systems" formula, between China and Hong Kong.Hong Kong will enjoy a high degree of
autonomy in all matters except foreign and defense affairs for the next 50 years.
Legal System
Constitution: Basic Law Approved by China's National People's Congress in
March 1990
Legal System: based on English common law Suffrage:
18 years and above (for some officials) 800-member indirect election committee created by
the central government
Executive Branch
Head of State: President of China Hu Jintao
Head of Govt: Chief Executive Tung Chee-hwa Selected through indirect election Five-year terms Authority to dissolve Legislative Council Appoints all judges
Cabinet: Executive Council 7 non-official members and 14 official members
Legislative Branch
LEGCO: unicameral legislative councilTotal 60 seats: 30 seats indirectly elected by
functional constituencies, and 30 elected by popular vote
Four-year terms Multiple political partiesConfirms judicial appointments to the Court of
Final Appeal and the High Court
Judicial Branch
Court of Final AppealHighest courtHeaded by a Chief Justice
High Court Headed by a Chief Judge
District, magistrate, and special courts
Japan – Political System Capital: Tokyo Government:
Constitutional Monarchy with a Parliamentary Government Executive Branch:
Chief of State: Emperor Akihito Head of Government: Prime Minister Koizumi
Legislative Branch: House of Concillors House of Representatives
Japan – Political System (cont.)
The Japanese parliament is called the diet. It consists of the House of Representatives and the House of Councillors.
Diet designates prime minister. Constitution requires that prime minister commands parliamentary majority.
Cabinet appointed by the prime minister. The cabinet consists of the ministers and are usually members of the diet.
Elections for the House of Representatives are carried out every four years, and half of the House of Councillors is elected every three years.
Elections
House ofRepresentatives(500 members)
PrimeMinister
(Koizumi)
Cabinet(Ministers)
House ofConcillors
(252 members)
Japan – Political System (cont.) Emperor Akihito – Since, January 1989
Japan's 125th emperor. The emperor doesn’t have effective
power. Emperors have reigned over Japan for
more than 1500 years.
Prime Minister Koizumi – Since, April 2001 Member of House of Representative
since 1972. “If people have no faith in their
leaders, they cannot stand” (Confucius)
New York Yankees fan!!!
Japan – Political System (cont.) Cabinet.
Current cabinet has 17 members
The Cabinet system has played its role for more than 110 years
The Cabinet Law went into effect on May 3, 1947
Diet The legislative right is the
prerogative of the Diet A bill becomes a law after
passage by both houses Superiority of the House of
Representatives.
Japan – Political System (cont.) Representation of Political Parties in the Diet
Political Parties House of Concillors House of Representative
Japanese Abbreviation English Name Number of Members % Number of Members %
Jiminto Liberal Democratic Party 116 46.0 242 48.4
Minshuto The Democratic Party 72 28.6 178 35.6
Kyosanto Japanese Communist Party 20 7.9 9 1.8
Shin Komeito New Komeiko 23 9.1 34 6.8
Shakai Minshuto Social Democratic Party 5 2.0 0 0.0
Mushozoki Nokai Group of Indepenents 4 1.6 0 0.0
Gurupu Kaikaku Group Kaikaku (Reform) 0.0 4 0.8
Others 12 4.8 33 6.6
TOTAL 252100.
0 500100.
0
Japan – Legal System Modeled after European civil law
system with English-American influence.
Judicial review of legislative acts in the Supreme Court.
Supreme Court:chief justice is appointed by the monarch after designation by the cabinet. All other justices are appointed by the cabinet.
Each court renders a judgment independently and a conclusion in a decision of a superior court shall bind courts below in respect of the case concerned.
Japan – Legal System Operates under the “Six Codes” (Roppo):
- Constitution - Civil Code
- Code of Civil Procedure - Penal Code
- Code of Criminal Procedure - Commercial Code
The new constitution went into effect on May 3, 1947. The emperor loses all effective governmental power. Sovereign power lies with the people. The complete power division: legislature, executive and
judiciary. The prohibition of leading war or maintaining an army.
Japan – Legal System Japanese Constitution:
Preface: “We, the Japanese people... resolved that never again shall we be visited with the horrors of war through the action of government...”
Chapter II: “Japanese people forever renounce war as a sovereign right of the nation... The right of belligerency of the state will not be recognized. ”
However…...during the occupation of Japan by the Allied powers
(1945-1952), the United States and Japan re-established a defence force for Japan. It was argued that maintaining a force only for self defence would not contradict the constitution.