Justice

The fundamental intention of the judicial work of China consist of acting according to the law to protect the rights and liberties of all the citizens and their other rights and I interest legal, to protect the public goods and the legal private goods of the citizens, to safeguard the social order, to assure the expeditious progress the socialist modernization and to punish to the reduced number of delinquents.

In the 2000, the Supreme Popular Court, under the supervision of the APN and its Permanent Comitú, faithfully acted as that to him the Constitution and the law confer and made new progresses in the judicial process and the other workings.

In the course of the year a total of 4,228 cases of second instance was seen, of revision of capital punishments and of supervision of judicial processes and it put itself full stop to 4,832 cases (including slopes of the previous year). The local popular courts and special the popular courts took care of a total of more than 5.35 million cases of first instance and gave by finished more than 5.38 million cases (including slopes of the previous year).

The popular courts took as fundamental task safeguard of the state security and the social stability and, putting of relief the high-priority points, acted according to the law to punish with severity the crimes of serious violence such as those to attempt against the state security, to subvert the political power of the State and to undermine the unit of the country, the homicides, the robberies, the explosions and the kidnappings, the crimes of the organizations of gangster character, and the crimes of rapta and sale of women and children, drugs, manufacture and propagation of pornographic articles and illegal publications. According to the law, also they struck with hand lasts the contraband crimes, currency swindles, false emission of special invoices of the tax to the added value, traps in the obtaining of restorations of taxes of export, falsification, transport and sale of paper money, and production and sale of adulterated merchandize and bad quality. In addition, they penalized by the law the crimes of embezzlement, bribe, embezzlement of bottoms public and prevaricato.

The organization of cult “Falungong” is a social malignant tumor against the progress of the human civilization and has caused serious interferences in the economic construction, the public order and the political stability of China. In strict conformity with the Penal Code and pertinent the judicial interpretations, the popular courts concientiously processed the penal cases related to the organization and use of the “Falungong” directed to sabotage the implementation of the law, to bring about deaths, to reunite people to disturb the public order, to print, to manage and to distribute illegally material of propaganda in favor of the cult. The determination of crimes and the sentences dictated according to the law against a meager number of elements keys of the “Falungong” that had infringed the Penal Code totally demonstrate the seriousness of the law.

The crimes of the organizations of gangster character seriously threaten the security of the lives and goods of the popular masses. After which the Supreme Popular Court elaborated the “Explanations of the problems of concrete application of the law in the view of the criminal cases of the organizations of gangster character”, the courts of all the country were concentrated in processing a series of such cases, in such a way that the arrogance of the delinquents of this type was struck.

The kidnapping deals with and it women and children seriously damage the physical and mental health of the same. The Supreme Popular Court distributed “To circulate on the problems related to the crime of kidnapping and sale of women and children”, with the purpose of to intensify the punishment campaign. The courts of all the country altogether sentenced 11,048 delinquents of this type.

The contraband crimes seriously disturb the order of the market economy, causing important economic losses to the State. In the 2000 courts of all the country they processed and they concluded 847 cases of this nature, with an increase of 122% on the previous year. The case of contraband superpower of the city of Xiamen involved astronomical sums, especially perverse circumstances and particularly serious damages against the society. In agreement with the law, the Supreme Popular Court approved the capital punishment sentenced to Wang Jinting and other six archiculpables involved in the first group of cases, and pertinent the popular courts condemned chain, life imprisonment and capital punishment with suspension of the execution by two years to other 73 criminals. At the same time, pertinent the popular courts gave failures of first instance against the 129 demandandos of the second group of cases.

The falsification, transports and paper money sale goes in serious damage of the stability of the financial order of the State. In the 2000 courts of all the country 4,740 cases of this nature finalized, with an increase of 12.14% on the preceding year. The case of Zhuo Zhenyuan and other eleven, who had made and sold more than 600 false million of yuanes renminbi, was the case of greater quantity of this type registered from the foundation of the New China in 1949. The Supreme Popular Court reviewed and approved by the law the capital punishment against main Zhuo and other six guilty, so this class of crimes was struck without inclemency.

The embezzlement and the bribe are a bad public of the society. It detests them to the town in extreme degree. The courts of all the country altogether sentenced 17,931 delinquents of this type. The Supreme Popular Court reviewed and approved according to the law the capital punishment dictated to Cheng Kejie and Hu Changqing, and to Zhou Changqing, that had embezzled and embezzled 50.95 million of yuanes of bottoms public, and to Xu Jie and Du Jiansheng, that had embezzled 72.72 million of yuanes of bottoms public. All this showed the firm determination of the Party and the State to punish the corruption.

The law is clear and the compassion is out of place. In the 2000 courts of all the pías condemned a total of more than 640,000 delinquents, with an increase of 6.21% in relation to the previous year.

The popular courts persisted in applying the law and to fortify the judicial security of the human rights. In the year 6,617 people were declared innocent, including 2,591 by the nonclarity of the facts and the insufficiency of evidences and 4,026 by conducts of noncrime. In this way she was guaranteed that the innocent citizens were not put under the rigor of the law, and that the observant citizens of the discipline and the law would not undergo offense.

The view according to the law of the economic cases, intellectual property, maritime accidents and marine commerce has an important paper to regulate the order of the market. The popular courts took care of, in agreement with the law, cases arisen in the change of state companies to companies, in the agricultural development and the development of the rural economy, as well as financial litigations, to object to guarantee the deepening of the reform of the state companies and to protect the rights and I interest legal of the main bodies of the market, including the nonstate companies and the companies of foreign capital. Conscientiously they understood of the cases of intellectual property to protect the legitimate rights and interests of the deserving people. The Supreme Popular Court elaborated the “Explanations of certain problems on the applicable laws in view of cases of litigation of responsibility related to the networks of computers”, thus to protect the intellectual property within the atmosphere of these networks.

In the year 9.390.000 letters and visits of the popular masses were taken care of, which helped to maintain the stability social.

In agreement with the principles of “a country, two systems” and of a high degree of autonomy, after arriving at the adjustments for the mutual charge from judicial documents from civil and commercial cases between the courts from the continental part and Special the Administrative Region from Hong Kong (RAEHK) and for the mutual execution from by arbitration awards between the continental part and the RAEHK, the Supreme Popular Court realized, in the same spirit, several discussions and consultations with Special the Administrative Region of Macao (RAEM) on the judicial document charge of civil and commercial cases and on the transference of evidences. When the document is signed officially, it will more promote the judicial contact and the attendance between the continental part and the RAEM.

1 | 2