China : Judiciary Dr. Manisha, Assist.Prof., VCW,BHU There are two kinds of judicial organs in China: people's courts and people's procuratorates. By law, judicial organs are independent of the executive, responsible only to the people's congress and its standing committee. Unfortunately, the judiciary is created by and reports to the congress and thus does not enjoy independence in the sense that the judiciary does in the other countries.China : Judiciary The common courts are organized into four tiers, corresponding to the respective administrative layers. In addition to the common courts, there are special courts, such as the military and admiralty law courts. The president of the Supreme People’s Court is elected by the National People’s Congress and serves no more than two consecutive terms. Local chief judges are elected by the local congresses.Introduction According to the People’s Courts Organizing Law, all citizens who have the right to vote and to run for election and who have reached the age of 23 are eligible to be judges or presidents of the people's courts. However, a 1993 amendment specifies that the judges have professional legal knowledge. The poor qualification of the judiciary Ho ong been a serious problem in ina.Judiciary: Independence??? The people's congresses have ra power to supervise the work of the courts. In practice, they tend to interfere in particular cases. No judge has power to review the constitutionality of any law or administrative regulation. He or she may only decide whether to apply it in a particular case.Judiciary: Jurisdiction Hong Kong and Macau retained their independent legislative and judicial powers after returning to China. However, the Standing Committee of the National People’s Congress retains the power to interpret the Hong Kong Basic Law, although local courts can interpret those provisions that are within the limits of the region's autonomy. In 1999, a dispute arose between the Court of Final Appeal for the region and the Standing Committee. The Standing Committee ere leaving much doubt about Hong Kong judicial independence.Conclusion People's procuratorates are state organs for legal supervision. As are the courts, they are appointed by and accountable to the congresses. According to the constitution (Article 35), the courts, procuratorates, and public security organs must coordinate their efforts and check each other to ensure correct and effective enforcement of the law.Conclusion How their coordination and their checking each other can work at the same time is still a mystery. But one point is certain: that is, that all of these branches are subordinate to the Communist Party's political and law committee of the same level. It is not easy for any of these branches to be independent. --- THANK YOU---