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STATE ORGANS | THE COMMUNIST PARTY OF CHINA | MULTI-PARTY COOPERATION AND THE POLITICAL CONSULTATIVE SYSTEM | JURISDICTION | HONG KONG | MACAO | TAIWAN | RELIGION | RELATIONS WITH FOREIGN COUNTRIES

Jurisdiction

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First Trial Civil Cases Accepted and Settled by Courts

The aim and the tasks of China's judicial work are to protect the basic rights, freedom and other lawful rights and interests of all citizens in accordance with the law, protect public property and lawfully-owned private property of citizens, maintain social order, guarantee the smooth progress of the socialist modernization undertakings and punish law-breakers according to law.

In 2000, the Supreme People's Court, under the supervision of the NPC and its Standing Committee, earnestly fulfill the duties entrusted by the Constitution and law, making fresh achievements in adjudication work and the work in various other aspects.

In the year, it accepted a total of 4,228 second instance and death penalty review cases and concluded 4,832 cases (including those left from the previous year). Local people's courts at various levels and special people's courts totally accepted 5.35 million first instance cases and concluded 5.38 million (including those left over from the previous year).

The courts took, as their most important task, the maintenance of national security and social stability. They sternly cracked down in accordance with the law on crimes aimed at endangering national security, subverting State power and damaging national unity; violent crimes such as homicide, robbery, causing explosions and kidnapping; and crimes related to organized crime and drugs, and involving abduction and trafficking of women and children, and the production, sale and spreading of pornographic products and illegal publications. Struggles were also launched according to law to crack down on crimes involving smuggling, foreign exchange fraud, invoicing fraudulent VAT bills, export refund fraud, forging money notes and selling and transporting counterfeit money, and producing and marketing shabby goods. Severe punishments were meted out according to law on crimes involving embezzlement, bribery, misappropriation of public funds and dereliction of duties.

The Falun Gong cult is a malignant tumor poisoning society and undermining the advancement of human civilization. It has seriously disturbed China's economic construction, public order and political stability. The people's courts, in strict accordance with the Criminal Law and relevant judicial interpretation, conscientiously handled the criminal cases involving organization and employment of the Falun Gong cult to disrupt the enforcement of the law, cause deaths, organize gatherings to disrupt public order, and illegally print, deal and spread cult publicity materials. A few key members of the Falun Gong cult, who had violated the criminal law, were convicted and punished according to law. All this fully reflected the seriousness of the law.

Gang-related crimes have seriously threatened the safety of lives and property of the people. The Supreme People's Court worked out the Interpretation on Several Issues Concerning Specific Applicable Laws for Handling Gang-Related Crimes. Courts nationwide devoted efforts to adjudicating a number of gang-related cases, suppressing the swelling arrogance of crimes of this type.

The crimes involving abduction and trafficking of women and children have greatly harmed their mental and physical health. The Supreme People's Court issued, together with relevant departments, the Circular on Crackdown on Crimes Involving Abduction and Trafficking of Women and Children, strengthening the struggle against offenses of this kind. Courts across the country imposed sentences on a total of 11,048 criminals involved in the abduction and trafficking of women and children.

Smuggling crimes have seriously disrupted the market economic order and caused heavy economic losses to the State. Courts nationwide totally adjudicated 847 smuggling cases in 2000, up 122 percent over the previous year. A major smuggling case in Xiamen, involving a huge amount of money and featuring an extremely serious nature, threatened severe harm to society. The Supreme People's Court examined and approved the death penalty meted out to the seven chief criminals, including Wang Jinting, involved in the first batch of cases adjudicated. Relevant people's courts also sentenced 73 other criminals to fixed-term imprisonment, life imprisonment or the death penalty with a two-year suspension of execution. Judgments of first instance have been given to the 129 defendants involved in the second batch of cases adjudicated.

The crimes involving the forgery of money notes and sale and transportation of counterfeit currency seriously undermined the stability of national financial order. In 2000, courts nationwide adjudicated 4,740 cases involving this category of crimes, a rise of 12.14 percent over the previous year. Zhuo Zhenyuan and other 11 people, involved in the most serious fake money case since the founding of New China, forged and sold counterfeit money notes worth over 600 million yuan. The Supreme People's Court examined and approved the death penalty meted out to Zhuo Zhenyuan and other six chief criminals.

The crimes of embezzlement and bribery are a serious public hazard, for which the people have a deep-seated hatred. Courts nationwide imposed sentences according to law on 17,931 criminals involved in crimes of this category. The Supreme People's Court examined and approved according to law the death penalty given to Cheng Kejie, Hu Changqing, Zhou Changqing who had embezzled and misappropriated 50.95 million yuan of public funds, and Xu Jie and Du Jiansheng, who had embezzled 72.72 million yuan of public funds. This demonstrated the principle of equality for everyone before the law and the firm resolution of the Party and State for fighting against corruption.

In 2000, courts nationwide totally imposed sentences on more than 640,000 criminals, a rise of 6.21 percent over the previous year.

The courts have been strict with enforcement of laws and strengthened judicial guarantee for human rights. In 2000, a total of 6,617 people were acquitted. Of them, 2,591 were judged innocent due to ambiguity of the facts or lack of evidence, and 4,026 were acquitted because their behavior had not constituted a crime. This confirmed that innocent citizens are free from legal responsibility and law-abiding citizens are immune from injustice.

Handling the cases involving the economic, intellectual property rights and maritime affairs in accordance with the law is of significance to regulating the market order. In 2000, the courts handled the cases related to the corporate reform of State-owned enterprises (SOE), agriculture and rural economic development and involving financial disputes according to law. This provided guarantee for the deepening of SOE reform and safeguarded the legitimate rights and interests of various types of main players of the market, including non-State enterprises and foreign-funded ventures. They conscientiously handled the cases related to intellectual property rights, protecting the lawful rights and interests of the intellectual property rights owners. The Supreme People's Court formulated the Interpretation on Several Issues Concerning Applicable Laws for Handling Cases Involving Computer Network Copyright Disputes, with an aim of protecting the intellectual property rights related to networks.

In 2000, more than 9.39 million letters and visits were handled, which played an active role in maintaining social stability.

According to the principles of "one country, two systems" and "high degree of autonomy", the Supreme People's Court reached agreements with the Hong Kong Special Administrative Region on the mutual authorization and service of judicial documents in civil or commercial matters between hinterland and Hong Kong SAR courts and on mutual enforcement of arbitration awards. After that, the court has conducted many consultations with the Macao SAR concerning the mutual authorization and service of judicial documents in civil or commercial matters and taking of evidence. The formal signing of relevant documents will further promote the judicial contacts and cooperation between the hinterland and Macao.

In 2000, procuratorial organs nationwide strengthened the investigation and prosecution of crimes involving embezzlement, bribery and dereliction of duty, with 45,113 such cases being put on file for investigation and more than 4.7 billion yuan worth of direct economic losses retrieved for the State.

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