The Chinese People's Procuratorate

The Chinese Prosecution Authority

Term Paper , 2008 , 10 Pages , Grade: B+

Law - Comparative Legal Systems, Comparative Law

The People’s Procuratorates are the Chinese criminal prosecution authorities. Unlike in many other countries, for example in Austria, they are not part of the administrative branch of the government; one could say they are a branch of its own. Another important difference is the additional task of the people’s procuratorates, the legal supervision. In this essay I want to describe how the procuratorate system works, what are the main principles for its organization and what are the major functions of the People’s Procuratorates. In the end I will point out some of the differences between the Austrian prosecution authority and the Chinese People’s Procuratorates are.

Inhaltsverzeichnis

• Overview
• Structure of the People's Procuratorate
• Functions and Powers of the People's Procuratorate
• The Necessary Qualification of the People's Procurators
• A Short Overview of the Prosecutorial System in Austria and the Differences to the Chinese People's Procuratorates
• Conclusions
• Bibliography

Zielsetzung und Themenschwerpunkte

This essay aims to provide a comprehensive overview of the Chinese People's Procuratorates, a unique institution within the Chinese legal system. It explores the structure, functions, and powers of this prosecutorial authority, highlighting its distinct role in legal supervision and crime prevention. The essay also contrasts the Chinese system with the Austrian prosecutorial model, emphasizing key differences in their organization and operation.

• Structure and Organization of the People's Procuratorates
• Functions and Powers of the People's Procuratorates
• Legal Supervision and Crime Prevention
• Comparison with the Austrian Prosecutorial System
• Key Differences and Similarities

Zusammenfassung der Kapitel

The essay begins by providing a general overview of the People's Procuratorates, emphasizing their unique position within the Chinese legal system as a separate branch of government responsible for both criminal prosecution and legal supervision. It highlights the key differences between the Chinese and Austrian prosecutorial systems, setting the stage for a detailed exploration of the Chinese model.

The second chapter delves into the structure of the People's Procuratorates, outlining their hierarchical organization mirroring the Chinese court system. It explains the dual leadership structure, where procuratorates are accountable to both the Supreme People's Procuratorate and their corresponding People's Congress. The chapter also discusses the appointment process for procurators at various levels, emphasizing the role of the National People's Congress and its Standing Committee.

The third chapter focuses on the functions and powers of the People's Procuratorates, highlighting their role in legal supervision and crime prevention. It outlines the specific areas of authority, including crimes against the state, severe criminal cases, supervision over criminal proceedings, and prosecution. The chapter emphasizes the procuratorates' independence from other state organs and their responsibility to ensure the lawful execution of judgments and orders.

Schlüsselwörter

The key terms and focus themes of the text include the People's Procuratorates, Chinese legal system, criminal prosecution, legal supervision, crime prevention, dual leadership structure, Supreme People's Procuratorate, National People's Congress, Austrian prosecutorial system, comparison, differences, similarities.

• College: Tsinghua University (Tsinghua University)
• Grade: B+
• Author: Mag. Ludwig Hetzel (Author)
• Publication Year: 2008
• Pages: 10
• Catalog Number: V127189
• ISBN (eBook): 9783640347544
• ISBN (Book): 9783640347292
• Language: English
• Tags: Chinese law, Chinese People's Procuratorate, prosecution