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President of the court and the adjudication committee of the court.
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Its main responsibilities are:
1) First-instance cases such as criminal, civil, or administrative cases that are legally provided for in the trial law, designated by a higher level people's court to have jurisdiction over by a county court, and where the county court finds that it should be tried by itself. (2) Review and handle all types of appeal cases of dissatisfaction with the court's judgment.
3) Supervise and guide the trial work of the people's courtrooms.
4) Exercise the power of judicial enforcement and judicial decision-making in accordance with law.
5) Decide on state compensation in accordance with law.
6) Manage and coordinate the court's trial and enforcement work.
7) Responsible for the ideological, political, education and training work of the whole hospital; administering judges and other personnel in accordance with their authority; to be responsible for the monitoring of the Court; Lead the work of the units directly under the institute and the group.
8) To manage the relevant funds, materials and equipment of the court.
9) Publicize the legal system in conjunction with trial work, and educate citizens to abide by the Constitution and laws.
10) Undertake other work that should be the responsibility of the hospital.
11) Dispatched agencies and their duties. The dispatched court is to set up two people's courts, Sanli and Huangmao, to hear and enforce ordinary civil cases in their jurisdiction in accordance with law, and to guide the work of the people's mediation committee and handle other matters related to the court's trial work.
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The courts are the adjudication organs of the state, and their organizational system is: local people's courts at all levels, special people's courts, and the Supreme People's Court. The adjudication work of all levels and types of people's courts is uniformly subject to the supervision of the Supreme People's Court.
Local people's courts at all levels are to be set up on the basis of administrative divisions, and specialized courts are to be set up as needed. Local people's courts at all levels are divided into: basic people's courts, intermediate people's courts, and high people's courts.
Basic level people's courts include the people's courts of counties and autonomous counties, cities not divided into districts, and people's courts of municipal districts. Basic level people's courts are to establish a number of people's courtrooms as dispatching bodies, but the people's courtrooms are not at the same trial level. Intermediate people's courts include intermediate people's courts established by region in provinces and autonomous regions, intermediate people's courts in municipalities directly under the Central Government, and intermediate people's courts in municipalities under the jurisdiction of provinces and autonomous regions.
Specialized people's courts refer to courts established in specific departments to hear specific cases according to actual needs, and there are currently special courts such as military, maritime, and railway transport courts in China. The court is a judicial (adjudicatory) organ and a state organ responsible for hearing cases and resolving disputes in basic civil, administrative, and criminal cases. All basic people's courts have and exercise the function of mediation.
Court duties: (1) Trial laws provide that basic level people's courts shall accept and accept private prosecutions and public prosecutions of first-instance cases such as criminal, civil, and administrative within the scope of their authority in accordance with law. (2) Exercise the power of judicial enforcement and judicial decision-making in accordance with law.
3) Decide on state compensation in accordance with law. (4) Exercising trial supervision functions. (5) Researching and soliciting opinions on draft laws, regulations, and rules; Make judicial recommendations on issues discovered during the trial of the case.
6) Responsible for guiding the ideological and political work, education and training work of the county (district) courts; administering judges and other personnel in accordance with their authority; Assist in the management of subordinate court institutions and staffing; In charge of the supervision work of the county (district) courts. (7) Publicize the legal system in conjunction with trial work, and educate citizens to conscientiously abide by the Constitution and laws. (8) Coordinate, manage, and supervise all aspects of the work of people's assessors and mediators.
9) Undertake other work for which the basic level courts should be responsible.
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The court belongs to the national judicial organ, and the trial of cases is one of the specific functions, and the court is also responsible for the process of law enforcement, as well as the judicial interpretation of the specific operation of the law.
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The state adjudication body handles civil, criminal, administrative and other cases on a daily basis.
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The Court Supervision Bureau is a subordinate unit of the court and is under the supervision of the people's court.
The court enforcement bureau is co-located with the enforcement division, and is an enforcement agency within the people's court, which is the enforcement agency for judgment results. The cases enforced by the Executive Directorate must be cases that have entered into the enforcement procedure after being filed and accepted by the court upon the application of the parties.
After receiving the case that has been filed and accepted, the Executive Directorate shall issue an enforcement notice to the person subject to enforcement in accordance with the law, ordering it to perform the obligations set forth in the effective legal documents within the specified period, and if it fails to perform within the time limit, it shall be enforced.
On behalf of the enforcing court, the Executive Directorate may inquire about the deposits of the person subject to enforcement from banks, credit cooperatives and other units with savings business, freeze or transfer the deposits of the person subject to enforcement, withhold or withdraw the income of the part of the person subject to enforcement that shall perform the obligations, and seal, seize, freeze, auction or sell the part of the property of the person subject to enforcement that shall perform the obligations.
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Of course, the court executive bureau is under the supervision of the court, and the executive bureau is an internal organ department of the court, not an independent unit. The court has also set up a discipline inspection team to supervise the compliance of all police officers and policemen with the law.
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The Executive Directorate of the Court is one of the internal organs of the Court, and the Executive Directorate exercises enforcement power on behalf of the Court after the judgment of the Court.
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The levels of courts in China are as follows: Basic Court, Intermediate Court, Maritime Court, Railway Court, High Court, and Supreme People's Court. There are also military tribunals for special subjects. The functions of the procuratorate include inspection, supervision and self-investigation.
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The courts are divided into the highest, highest, intermediate, and basic courts. The courts have different jurisdictions.
The Public Prosecutor's Office does not have a fixed jurisdiction, but decides on the basis of its jurisdiction.
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The main responsibilities of the public security organs, the procuratorial organs and the courts are: the main responsibilities of the public security organs are public security, and the law enforcement agencies are responsible for specific violations; The procuratorate is the supervisory body of the law and supervises the implementation of the law; An organ is the organ that makes legal decisions about acts such as crimes and crimes. They differ greatly in terms of responsibilities and so on.
The specific differences are:
1.The nature of the institution is different. The people's procuratorates and people's courts are the political and legal organs of the State. The public security organs are the public security organs of the state and are responsible for maintaining public security and social order.
2.Responsibilities are different. The public security organs are responsible for public safety, but cannot prosecute and try criminals. The procuratorate may publicly appeal the keys handed over by the public security organs. The court will make its decision. Without a decision from the Public Prosecutor's Office and the courts, it is impossible to arrest suspects directly.
3.Differences in functionality. The public security organs are the specific law enforcement agencies of Chinese law; The procuratorate is the administrative organ of legal supervision; The people's court is the judicial organ of the law, and the responsibilities of the three are different.
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The public security organs are the administrative organs of the state, and their main duties are to manage public order in accordance with the law, to be responsible for public safety, and to punish and enforce specific illegal acts.
Procuratorial organs are state organs that exercise procuratorial power on behalf of the state in accordance with the law, and their main duties are to pursue criminal responsibility, initiate public prosecutions, and exercise legal supervision.
The courts are the judicial organs of the state, and their main responsibility is to punish criminals through trial activities, resolve social contradictions and disputes, and safeguard fairness and justice.
The main differences between them are:
1. Different responsibilities. The public security organs are responsible for public safety, but cannot prosecute and try criminals, while the procuratorate may prosecute cases transferred by the public security organs; The court makes a verdict, and without the decision of the procuratorate and the court, the criminal suspect cannot be directly arrested.
2. Different functions. The public security organs are the administrative organs of our country; The procuratorate is a state organ that exercises procuratorial power on behalf of the state in accordance with the law; The people's courts are the judicial organs of the state, and the duties of the three are different.
3. The roles are different. In criminal proceedings, the public security organs are the investigative organs, the courts are the adjudication organs, and the procuratorates are the legal supervision organs (of course, they have the power to investigate cases of job-related crimes).
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The main responsibilities of the public security organs, the procuratorial organs, and the courts are as follows: the main duties of the public security organs are to be responsible for public security and to punish and enforce specific violations; The procuratorate is the supervisory organ of the law, supervising the implementation of the law; The court is the adjudication organ, and it is the organ that makes legal rulings on violations and crimes. They are very different in terms of responsibilities and so on, and the specific differences are:
1. Different responsibilities. The public security organs are responsible for public safety, but cannot prosecute and try criminals, while the procuratorate may prosecute the keys transferred by the public security organs; The court makes a verdict, and without the decision of the procuratorate and the court, the criminal suspect cannot be directly arrested.
2. Different functions. The public security organs are the specific enforcement organs of China's laws; The procuratorate is the supervising and enforcing organ of the law; The people's court is the adjudication organ of the law, and the duties of the three are different.
3. The nature of the organs is different. The people's procuratorates and the people's courts are both political and legal organs of the state. The public security organs are the public security organs of the state and are responsible for maintaining public order and social order.
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The Public Prosecutor's Office is the prosecuting authority. The court is the adjudicating organ. The public security is the executive department.
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Generally speaking, the public security organs are cooked, the procuratorial organs are served, and the courts are eaten! In other words, the public security organs are responsible for the investigation and handling of the case, and then send the case to the procuratorate, which then continues to examine and determine whether to approve the arrest, and then sends the arrest to the court for trial.
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The United States is a country with both British and American law. Before independence, the original 13 colonies basically followed the legal tradition of the United Kingdom, and then made their own laws and decrees according to their own needs, and formed their own judicial system. After independence, the U.S. Constitution of 1787 made principled provisions on judicial power, and in 1789, the U.S. Congress promulgated the "Judicial Regulations" which stipulated the organization, jurisdiction and litigation procedures of the federal courts, and gradually formed the existing judicial system.
The main characteristics of the U.S. judicial system are: implementing the principle of separation of powers and practicing judicial independence; The organization of the courts is divided into two systems: federal and local; The Federal Supreme Court has special powers of judicial review, and so on.
The U.S. courts are complex, divided into federal courts and state courts, which apply their own constitutions and laws, and have jurisdiction over different cases and territories. The federal court system consists of district courts, appellate courts, and the Supreme Court. The Federal District Court is the court of first instance for ordinary civil and criminal cases under federal jurisdiction, and each state has 1 4 district courts with 1 27 judges, depending on the population of the state.
The Federal Court of Appeal, which is divided into 11 judicial circuits throughout the country, hears appeals against decisions of federal district courts in its circuits, as well as appeals against decisions of specialized courts of the federal system and decisions of certain independent bodies with partial judicial powers, ranging from 3 to 15 judges. The Supreme Court is the highest court in the federal court system, consisting of one chief justice and eight judges, whose judgments are final and have special powers of judicial review (see U.S. Supreme Court). The state court system is highly unified, generally consisting of the state courts of first instance, the state appellate courts, and the state supreme courts.
The cantonal court of first instance is the court of first instance in general civil and criminal cases under the jurisdiction of the canton. The State Court of Appeals hears appeals against the decisions of the State Court of First Instance. The state Supreme Court is the highest court in the state.
In addition, there are special courts established by the National Assembly through relevant decrees as needed, such as the Federal Court of Appeals. Judges are subject to a non-replaceable system, a full-time system, a high salary system, and a retirement system. There is no unified administrative court in the United States, and in addition to ordinary courts, administrative dispute cases are heard by independent agencies that have the power to accept and adjudicate cases.
The U.S. prosecutor general is the attorney general, who is the attorney general, is the legal adviser to ** and **, supervises the administration of justice, and represents ** in court and participates in litigation when the federal Supreme Court hears major cases. The Public Prosecutor is under the authority of the Ministry of Justice and is subordinate to all levels of court.
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1. As a federal country, the United States implements a dualistic judicial system, and does not have a unified national enforcement law or civil procedure law.
2. At the same time, as a country under the rule of law, the United States has a strong legal concept and legal awareness of citizens, and the "elder + elite" system of judges makes judges generally respected by all sectors of society, and the judgments made by judges can generally be consciously performed, so there is no "difficulty in enforcement" problem that we feel headache in the United States.
3. Since it is not difficult to enforce in the United States, there is no separate enforcement law in the United States, nor is there a separate agency or department responsible for enforcement, and there are even no specialized personnel engaged in enforcement.
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Let's talk about the public security bureau and the police station first. The public security bureau is a functional department, the police station is its dispatched agency, to maintain the law and order of the place under its jurisdiction as its own responsibility, like the county, basically every town has a police station, as the first department of the public security bureau dispatched agency - the police station is subject to the dual leadership of the local town party committee, the town ** and the county public security bureau, of course, the county-level public security bureau is under the leadership of the county party committee, the county ** and the municipal public security bureau, and so on, in addition to the county generally two to three townships and towns have another police agency - the criminal police team;
The courts are the judicial organs of the state, which exercise judicial power independently in accordance with the law, and are not subject to the influence and leadership of other departments, just like the procuratorates, and are supervised by the people's congresses at all levels. The bottom-up system of the courts is: district and county-level people's courts, city-level intermediate people's courts, provincial high people's courts and the Supreme People's Court, and the basic people's courts, that is, districts and counties, all have dispatched agencies-courts, and the jurisdiction of the courts is larger than that of police stations.
In addition, the courts are divided into maritime courts and military courts.
In general, the public security bureau belongs to the "violent" organ of the state, with leaders at all levels, and the police station is its dispatched agency; The court is the judicial organ of the state, not subject to the leadership of the people's congress at all levels, but under the supervision of the people's congress, to understand it more clearly, the "government, the procuratorate" has heard of it, the "government" refers to the **, and the "two courts" refers to the "court" and the "procuratorate", from which we can see their relationship.
The courts and departments attached to the prosecuting authority are subject to the law.
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