China

Legal & Political System

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”

President of the People’s Republic of China

Jiang Zemin Hu Jintao

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)

More Info

www.china.org.cn

www.china-business-travel.com/bizguide/03.html

www.china-window.com

Hong Kong

Legal & Political System

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

Legal & Political System

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 – Political System?!?!

Prime Minister Koizumi is a NYY fan!!!

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.