Political and Legal Systems

Justin & Jill

Agenda

People’s Republic of China (PRC) Hong Kong (SAR) Japan

People’s Republic of China

Historical Legal/Political System Today’s Legal/Political System Current Government Structure

Executive Legislative Judicial

Current Political Dynamics

Historical Legal System Rule under emperors

Emphasis on authority Opposed dissenting views

Tang Dynasty Legal Codes Foundation of successive dynasty and neighboring

countries’ legal structures Oldest surviving and comprehensive legal codes Mostly criminal laws, but applied them to some civil

matters Rule by Law - Control people and achieve

social order by promulgating general commands backed up by punishments

Modern Legal/Political System Overthrowing of the last dynasty Competing ideologies

Communism/Socialism from Soviet Union Fascism from Germany Democracy/Capitalism from United States

World War II, Civil War China splits into two entities

People’s Republic of China The Republic of China (Taiwan)

PRC Legal System Today Source of Law is constitution Government structure includes

executive, legislative, and judicial branches

Efforts were made to improve civil, administrative, criminal, and commercial law

Emphasis not on checks on balances, but on subordination, unification and supervision

Constitution The fundamental law of the state Adopted for implementation by the 5th

National People’s Congress in 1982, with amendments made thereafter

“The Communist Party of China is the country’s sole political party in power”

“The socialist system led by the working class and based on the alliance of the workers and farmers is the fundamental system of the PRC”

“All citizens enjoy freedom of speech, of the press, or assembly, of association, of procession and of demonstration”

Executive Branch President - Hu Jintao

Promulgation of laws Proclamations of martial law and states of war

Vice President - Zeng Qinghong Aid the President in carrying out his/her duties

State Council Carries out the principles and policies of the

Communist Party of China Prime Minister – Wen Jiabao

Legislative Branch National People’s Congress

Deputies elected from the provinces, autonomous regions and municipalities

Approx. 3000 deputies currently Elects military commanders / Chairman Elects President and vice President Amends the constitution Propose and pass bills Decides questions of War or Peace

Lower people’s congresses

Judicial Branch Responsible for interpreting law People’s courts, Supreme People’s Court

Tries cases, gives explanation of law Only allows 2 trials No Jury

People’s Procuratorates, Supreme People’s Procuratorate

Safeguards the unity of the country, maintain public order, protect socialist property, and to protect citizens rights

Political Dynamics One party system - Communist Party of China (CPC)

Central Military Commission Commands National Armed Forces (People’s Liberation Army) Chairman – Hu Jintao

Theoretically there are other parties (known as “democratic parties”), but they have only advisory roles

Control of Party is top priority Stability vs. Progress Suppression of organized groups

Falun Gong Usual Topics

Economic Reforms US Imperialism Chinese Nationalism Taiwan (ROC) – Anti-Secession Law

Hong Kong

Background / History Government Structure Political Parties Legal System

Background / History Special Administrative Region (SAR) British Colony until 1997 High Degree of Autonomy, except

foreign and defense affairs Sino-British Joint Declaration of 1984

For 50 years after reversion Hong Kong will retain its political, economic, and judicial systems and unique way of life and continue to participate in international agreements and organizations as a dependent territory

“Hong Kong, China” Olympic team

Government Structure Common Law

Legal Structure based on British Common Law Executive Branch

Chief Executive Head of SAR: Tung Chee-Hwa – recently resigned Essentially appointed by PRC

Signs bills, budgets Decides government policies Implements laws

Legislative Branch 60 members 30 elected directly, 30 indirectly

Judicial Branch Court of Final Appeal

Political Parties Democratic Alliance for the

Betterment of Hong Kong Pro-Beijing

Democratic Party Pro-Democracy

Liberal Party Pro-Finance / Economy, considered

moderates

Legal System

Retains autonomy Operates independently except

w.r.t defense and diplomatic relations

Follow common law tradition (British)

Consider courts to be more “honest”

Japan

New Constitution Imperial Family Government Structure

Legislative Executive Judicial Local

New Constitution Post World War II - 1952

Controlled by U.S. Allies Establish democracy Enact new Constitution (1947)

Constitutional monarchy with parliamentary government

Transfers power from Emperor to people Renunciation of war

1952 Japan regains full sovereignty

Imperial Family of Japan Constitution

establishes Imperial Family

No Governmental Powers

Ceremonial role Promote Goodwill 1989, 125th

Emperor Akihito

The Imperial Family of Japan. Seated, from left: Crown Princess Masako, Princess Aiko, Emperor Akihito, Empress Michiko, and Crown Prince Naruhito. Standing, from left: Princess Sayako, Princess Mako, Prince Akishino, Princess Kako, and Princess Akishino. (Photo taken in December 2003) (Imperial Household Agency)

          

Government Structure

Government StructureLegislative Branch

Diet House of

Representatives House of

Councillors Pass laws Elect Prime

Minister

The south wing is occupied by the House of Representatives and the north by the House of Councillors.

Government StructureExecutive Branch

Responsible to Diet

Select Cabinet Perform Executive

functions.Secretary of State Condoleezza Rice meets Prime Minister Junichiro Koizumi March 19 in Tokyo.

President George W. Bush and Japanese Prime Minister Junichiro Koizumi meet with the press after a dinner in Tokyo during the first stop of the President's trip to Asia and Australia Thursday, Oct. 16, 2003. White House photo by Paul Morse.

Government StructureJudicial Branch

Court system interprets law

Supreme Court and lower courts

Justices appointed by Cabinet

Chief Justice appointed by Emperor.

No jury system Judges held

accountable Two appeals

The Supreme Court building in Tokyo (above). The grand bench of the Supreme Court (below).

Japanese Law Administrative Law

Limited power in the absence of Diet legislation Use “directions” & “warnings” Imply non-compliant parties will be obstructed

Contract Law Ambiguous Work out complications as they arise

Prosecutory system 99% criminal defendants are convicted Almost all confess Prosecutors tend to charge only confessors True level of criminal activity difficult to ascertain

Punishments Death Penalty Hard labor Detention Fine

Japanese Law - 2 Tort Law

Fees based on amount of damages sought in suit

Decided by judges Sue for low damages in order to win

Legal Education Very low pass rates

Law Enforcement National Police Agency reports to Prime Minister Most policing by prefectural

Government StructureRecap

Government StructureLocal

47 Prefectural Governments

12 Cities 3300 Municipal

cities Perform non-

national services

Map of 47 Prefectures

Bibliography Embassy of Japan website. (

www.us.emb-japan.go.jp/english/html/faq/13/government.htm#1) U.S. Embassy, Japan website. (www.state.gov) Wikipedia. (www.wikipedia.com) Fischer, Susanna Frederick, 2003, "A BRIEF INTRODUCTION TO THE LEGAL

SYSTEM OF CHINA", <http://faculty.cua.edu/fischer/ComparativeLaw2002/bauer/China-

main.htm> United States. Central Intelligence Agency. The World Factbook

<http://www.cia.gov/cia/publications/factbook/index.html> Embassy of the People's Republic of China in Washington D.C. General

Introduction to the Est. <http://asnic.utexas.edu/asnic/countries/china/chinalegal.html> "Mainland China", 1998-2004, <http://www.answers.com/main/ntquery? method=4&dsid=2222&dekey=Mainland+China&gwp=8&curtab=2222_1> "Politics of Hong Kong Information From Answers_com", 1998-2004, <http://www.answers.com/main/ntquery? method=4&dsid=2222&dekey=Hong+Kong&gwp=8&curtab=2222_1>