China’s Judicial System and its Reform

Asian Law Series

No.2

Edited by Institute of Law Chinese Academy of Social Science Beijing
March 2001

Preface / Institute of Developing Economies

Part I

Overview: Judicial Reform in Chaina Chances and Challenges / Institute of Law Chinese Academy of Social Science Beijing

Part II

The Court System of Chaina / Institute of Law Chinese Academy of Social Science Beijing

A. The constitutional status of people’s courts
B. The relationship between people’s courts and other organs
 1. The relationship with legislative organs
 2. The relationship with administrative organs
 3. The relationship with other organs
  (1) The relationship with people’s procuratorates
  (2) The relationship with public security organs
  (3) The relationship with the organs of Communist Party
C. The organization and structure of people’s courts
 1. The organization of people’s courts
 2. The functions of people’s courts
 3. The judicatory of people’s courts
D. Judicial procedures of people’s court
 1. Civil procedure
 2. Criminal procedure
 3. Administrative procedure
 4. Special maritime procedure
E. The structure of people’s court
F. Particular court systems in Special Administrative Regions
G. The trend of judicial reform in China
H. Relevant statistics
Part III

The System for People's Procuratorates / Institute of Law Chinese Academy of Social Science Beijing

A. Establishment of System of Procuratorates in China
B. Constitutional Status of Chinese Procuratorates
C. Tasks of the Procuratorates
D. The Establishment of the Procuratorates
E. Qualifications for a Procurator
F. Scope of the Legal Supervision of the Procuratorates
 1. Legal supervision on the state organs
 2. Supervision on the state functionaries
 3. Supervision of the violation of law by citizens
G. Content of the Legal Supervision
 1. Supervision of law discipline
 2. Supervision of the investigation
 3. Supervision of the criminal trial
 4. Supervision of executions
 5. Supervision of the civil trial
 6. Supervision of the administrative trial
H. Attachment of Forms
Part IV

The Lawyer's System in Chaina / Institute of Law Chinese Academy of Social Science Beijing

A. Historical Development of the Lawyer’s system in China
B. Current Situation of the Lawyer’s Profession in China
C. Lawyers Associations
 1. The Nature and Purposes of the Lawyers’ Associations
 2. The Establishment of Lawyers Associations
 3. The Functions and Powers of the Lawyers Associations
 4. The Organizational Structure of the Lawyers Associations
D. Professional Ethics of Lawyers
E. Relevant Statistics
Part V

Judicial Procedure of Chaina / Institute of Law Chinese Academy of Social Science Beijing

A. Civil Judicial Procedure
B. Criminal Judicial Procedure
 1. Filing a case
 2. Investigation
 3. Initiation of public prosecution
 4. Criminal Trial
C. Administrative Judicial Procedure
 (Judicial Review of Administration and Legislation)
Part VI

Legal Education in Chaina / Institute of Law Chinese Academy of Social Science Beijing

Reference / Institute of Law Chinese Academy of Social Science Beijing