compare and contrast the funcioning of the American supreme court with the supreme people's procuratorate in the people's Republic of China.
Answers
Explanation:
Strictly speaking, China's judicial system only refers to people's court system. According to Criminal Procedure Law of PRC, during the criminal proceeding, people's court, people's procuratorate and public security organ shall perform their task respectively as well as cooperate. In this meaning, people's procuratorate and public security organ both execute judicial power, although their judicial function are limited in a very relatively narrow scope. Thus broadly speaking, China's judicial system institutionally comprises of three parts: people's court system, the people's procuratorate system, the public security system. Corresponding to this, Judicial structure in the Chinese broad sense does not only refer to courts, but also to procuratorates and public security organs.
The security organ is one branch in the administrative system; the other two branches are created by the people's congress and, in the legal sense, are on an equal footing with the administrative branch. The presidents of courts and the procurator-generals of procuratorates are selected and appointed by the people's congresses on the same levels. The judges and procurators are selected and appointed by the standing committees of the respective people's congresses, and assistant judges and assistant procurators are appointed by the respective courts and procuratorates.
Answer:
Strictly speaking, China's judicial system only refers to people's court system. According to Criminal Procedure Law of PRC, during the criminal proceeding, people's court, people's procuratorate and public security organ shall perform their task respectively as well as cooperate. In this meaning, people's procuratorate and public security organ both execute judicial power, although their judicial function are limited in a very relatively narrow scope. Thus broadly speaking, China's judicial system institutionally comprises of three parts: people's court system, the people's procuratorate system, the public security system. Corresponding to this, Judicial structure in the Chinese broad sense does not only refer to courts, but also to procuratorates and public security organs.
The security organ is one branch in the administrative system; the other two branches are created by the people's congress and, in the legal sense, are on an equal footing with the administrative branch. The presidents of courts and the procurator-generals of procuratorates are selected and appointed by the people's congresses on the same levels. The judges and procurators are selected and appointed by the standing committees of the respective people's congresses, and assistant judges and assistant procurators are appointed by the respective courts and procuratorates.