- From Proletaripedia, the People's Encyclopedia!
People's Court System of the Pan-Asiatic States
Abridged from the 1992 Constitution of the Pan-Asiatic States
Drafted via convention between the 1st January and 9th February 1991 CE
Ratified 17th October 1992 CE
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.
(i) Administration of Adjudication - The Ministry of Justice shall represent the judiciary branch in coordination with the executive. The people's courts adopt the system whereby a case should be finally decided after two trials. This means:
- (a) A judgment or orders of a first instance must come from a local people's court, and a part may bring an appeal only once to the people's court at the next higher level. The people's procuratorate may present a protest to the people's court at the next higher level.
(b) Judgment or orders of the first instance of the local people's courts at various levels become legally effective if, within the prescribed period for appeal, no party makes an appeal.
(c) Judgments and orders of the court of the second instance shall be seen as final decisions of the case. However, any judgments and orders rendered by the Supreme People's Courts as the court of the first instance shall become immediately legally effective.
(ii) Supercession - All courts are under the administrative authority of the Supreme Commissary, through his ambassador to the Ministry, the Minister of Justice, though in its executive aspects only; insofar as the administration of its budget and in its collaboration with the Federal government to promulgate. This means that the Federation remains restricted in interfering with the democratic appointment of key court officials, and in the proceedings of motions.
- (a) The Congress of Soviets has the power of judicial review to determine if a member of government has exceeded their authority.
(b) The Secretary-General is immune from prosecution by the Court System, except by a special Ombudsman Court. The Secretary-General has the authority to request or dismiss a judicial review.
(iii) The Supreme People's Court - The Supreme People's Court is the highest judicial organ of the State. The president of the Supreme People's Court is elected by the Congress of Soviets and its standing committee. His term of office is five years and he may serve for no more than two consecutive terms. The Congress of Soviets standing committee appoints or dismisses head and associate heads of divisions, and judges.
The Supreme People's Court composes:
- (a) A criminal division,
(b) A civil division,
(c) An economic division,
(d) and an Ombudsman's division on both Federal and State levels.
(e) It may have such other divisions, as the Ministry of Justice necessitates, if approved by the Congress of Soviets.
(iv) Jurisdiction of the Supreme People's Courts - The Supreme People's Court supervises the work of the local people's courts at various levels as well as the special courts. "The Supreme People's court give interpretation on questions concerning specific application of laws and decrees in judicial proceedings." In reality, the practice of interpreting laws and decrees by the Supreme People's Court has developed in recent years to an extent that is called "judicial legislation". The legislation does require guidance in order to fill gaps and to solve conflicts and some vagueness among the laws so that effective enforcement can be carried out by the judicial branch. However, the Supreme People's Courts shall primarily supervise the following:
- (a) Cases of first instance assigned by laws and other cases that it considers it should try itself;
(b) Appealed and protested cases against judgments and other orders of higher people's courts and special people's courts;
(c) Protested cases filed by the Supreme People's Procuratorate.
(iv) The Higher People's Courts - The Higher People's Courts are courts of provinces, autonomous regions and municipalities directly under the Central Government. The internal structure is almost the same as that of the Supreme People's Court according to the definition of the organic Law.
A higher people's court deals with cases of the first instance assigned by laws and decrees, cases of the first instance transferred from people's courts at the next lower level, cases of appeals and of protests lodged against judgments and orders of people's courts at the next lower level, and cases of protests lodged by people's procuratorates.
(v) The Intermediate People's Courts - They are the courts established in capitals or prefectures in the provincial level. The scope of jurisdiction by an intermediate people's court covers cases of first instance assigned by laws and decrees, cases of first instance transferred from the basic people's courts, and appealed and protested cases from the lower court.
(vi) The Basic People's Courts - The basic courts, as the lowest level, are normally located at the county, municipal districts and autonomous counties. A basic people's court may set up a number of people's tribunal according to the conditions of the locality, population and cases involved. A people's tribunal is a component of the basic people's court, and its judgments and orders are considered as judgments and orders of the basic people's court with the same legal effects. In practice, a tribunal of this nature is often set up in big town or townships where there is a concentrated population. As defined in the Organic Law, the basic people's court adjudicates all criminal and civil cases of the first instance except where the law provides otherwise. Besides trying cases, a basic people's court is also responsible for settling civil disputes, handling minor criminal cases that do not require formal handling, and directing the work of the people's mediation committees.
(vii) The Special Courts - The special courts include military courts, railway courts and maritime courts. The military court that is established within the Pan-Asiatic States Armed Forces is in charge of hearing criminal cases involving servicemen. This is a relatively closed system.
The railway and transport court deals with criminal cases and economic disputes relating to railways and transportation.
Five maritime courts have been established by the Supreme People's Court at the port cities of Neo-Manila, Shanghai, Qingdao, Kota Kinabalu and Neo-Singapore. These courts have jurisdiction over maritime cases and maritime trade cases of the first instance, including any other disputes of this category taking place between Chinese and foreign citizens, organizations, and enterprises. Nevertheless, they have no jurisdiction over criminal cases and other civil cases belonging to the ordinary courts. The higher people's court in the locality where a maritime court is located shall have jurisdiction over appeals against the judgment and orders of the maritime court.