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Law Enforcement In The People's Republic Of China
Law enforcement in China consists of an extensive public security system and a variety of enforcement procedures used to maintain order in the country. Along with the courts and procuratorates, the country's judicial and public security agencies include the Ministry of Public Security (MPS) and the Ministry of State Security (MSS), with their descending hierarchy of departments, bureaus (局, "Jú"), subbureaus (副局, "Fù jú"), and stations (所, "Suǒ"). Hong Kong and Macau have separate law enforcement agencies, different legal systems and are classified as separate jurisdictions under the one country two systems framework. However, Hong Kong Police Force (HKPF) and Public Security Police Force of Macau often cooperate with the mainland MPS on cases involving cross border crime. Overview The national security system is made up of the Ministry of Public Security (MPS) and the Ministry of State Security (MSS), the People's Armed Police (PAP), the People's Liberatio ...
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National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest legislative body in the world. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things, and due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. As China is an authoritarian state, the NPC has been characterized as a rubber stamp for the Chinese Communist Party (CCP) or as only being able to affect issues of low sensitivity and salience to the Chinese regime. M ...
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Chinese Law
Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction. Following the Xinhai Revolution, the Republic of China adopted a largely Western-style legal code in the civil law tradition (specifically German- and Swiss-based). The establishment of the People's Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law. However, earlier traditions from Chinese history have retained their influence. Chinese legal tradition The word for law in classical Chinese was ''fǎ'' (法). The Chinese character for ''fǎ'' denotes a meaning of "fair", "straight" and "just", derived from its water radical (氵). It als ...
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Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of the Azores and Madeira. It features the westernmost point in continental Europe, and its Iberian portion is bordered to the west and south by the Atlantic Ocean and to the north and east by Spain, the sole country to have a land border with Portugal. Its two archipelagos form two autonomous regions with their own regional governments. Lisbon is the capital and largest city by population. Portugal is the oldest continuously existing nation state on the Iberian Peninsula and one of the oldest in Europe, its territory having been continuously settled, invaded and fought over since prehistoric times. It was inhabited by pre-Celtic and Celtic peoples who had contact with Phoenicians and Ancient Greek traders, it was ruled by the Ro ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ...
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Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specia ...
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Right To Counsel
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect. Around the world Australia In Australia, suspects and defendants have the right to have legal representation during investigation and trial. Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law. Only the states of Victoria and New South Wales have dedicated public defender systems. Courts have t ...
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Judiciary Of The People's Republic Of China
The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China. According to the constitution, the court system is to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. The Party's Political and Legal Affairs Commissions coordinates and have direct control over all the court system.Human Rights Watch Walking on Thin Ice April 28, 2008. Hong Kong and Macau have separate court systems, as mandated by the Constitution and their respective Basic Law, in accordance with the One country, two systems doctrine. Court structure According to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system (Supreme, High, Intermediate and Primary): * At the highes ...
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Re-education Through Labor
Re-education through labor (RTL; ), abbreviated ''laojiao'' () was a system of administrative detention on Mainland China. Active from 1957 to 2013, the system was used to detain persons who were accused of committing minor crimes such as petty theft, prostitution, and trafficking of illegal drugs, as well as political dissidents, petitioners, and Falun Gong followers. It was separated from the much larger ''laogai'' system of prison labor camps. Sentences under re-education through labor were typically for one to three years, with the possibility of an additional one-year extension. They were issued as a form of administrative punishment by police, rather than the judicial system. While they were incarcerated, detainees were frequently subjected to a form of political education. Estimates of the number of RTL detainees on any given year range from 190,000 to two million. In 2013, approximately 350 RTL camps were in operation. On 28 December 2013, the Standing Committee of ...
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Pending Trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ...
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Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. For minor crimes, a defendant may be summoned to court witho ...
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