People's assessors system is a part of the Judicial system of China. [1] [2]
The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China.
People's assessors system is a part of the Judicial system of China. [1] [2]
The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China.
The court will determine the number of seats for assessors it need with approval from the standing committee of corresponding people's congress and the corresponding higher court. The assessors can be chosen from a pool of candidates from (1) random selection of residents over 28 years old in the court's jurisdiction, should be five times of the total seats as determined, (2) applications, and (3) recommendations by local communities. The eligibility of the candidates will be determined by judicial administrative organs in consultation with the police and the court. The judicial administrative organs will then select assessors from eligible candidates in consultation with the court. No more than one fifth of the seats can be filled by candidates via applications or recommendations. The list of assessors should be published five days before appointment for public scrutiny, then submit for approval from standing committee of corresponding people's congress. After appointment made by standing committee of corresponding people's congress, the assessors should swear oath to uphold the constitution in public.
The Supreme People's Court is the highest level of court in the mainland area of the People's Republic of China. Hong Kong and Macau, as special administrative regions, have their own separate judicial systems based on British common law traditions and Portuguese civil-law traditions respectively, and are out of the jurisdiction of the Supreme People's Court.
Ministry of Justice of the People's Republic of China (MOJ) is a government ministry under the State Council of China which is responsible for legal affairs. The range of responsibilities include judicial process, drafting legislation, developing legal framework, participating in national and international treaties, prosecution and sentencing.
Law enforcement in China consists of an extensive public security system and a variety of enforcement procedures used to maintain strict order in the country and to suppress political dissent. Along with the courts and procuratorates, the country's judicial and public security agencies include the Ministry of Public Security and the Ministry of State Security, with their descending hierarchy of departments, bureaus, subbureaus, and stations
I, as a people's assessor of People's Republic of China, swear to be loyal of the country, of the people, and of the constitution and laws, to participate in the judicial process lawfully, to fulfill my duties faithfully, to upload honesty and integrity, to make impartial judgement, and to defend the justice of the society. 我是中华人民共和国人民陪审员，我宣誓：忠于国家，忠于人民，忠于宪法和法律，依法参加审判活动，忠实履行审判职责，廉洁诚信，秉公判断，维护社会公平正义！
According to law, besides single-judge trial, people's assessors sits together in judicial panels with professional judge to try cases. Judicial panels should consists of one judge with two assessors or three judges with four assessors. Assessors can not preside the panel, but otherwise have equal rights as professional judges. Assessors can not try cases alone like professional judges.
The High People's Court or Higher People's Court (高级人民法院) is the highest local court in the People's Republic of China. In each Province, it is subject to the "People's Congress".
The penal system in China is mostly composed of an administrative detention system and a judicial incarceration system. As of mid 2015, it is reported prisoners held in prisons managed by Ministry of Justice is 1,649,804, result in a population rate of 118 per 100,000. Detainees in Ministry of Public Security facilities is 650,000 as of 2009, which combined would result in a population rate of 164 per 100,000. China also retained the use of death penalty with the approval right reserved to the Supreme People's Court, and have a system of death penalty with reprieve where the sentence is suspended unless the convicted commit another major crime within two years while detained. There are discussion urging increased use of community correction, and debate are ongoing to have Ministry of Justice oversee administrative detainees as well to prevent police from having too much power.
Jay Marshall Strabala is an American architect who has participated in the design of skyscrapers and other buildings. In 2010, Strabala founded 2DEFINE Architecture, an architectural firm, with three Chinese partners, though the partnership later soured. Before that, he had been employed by Skidmore, Owings and Merrill (SOM) and Gensler.
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