Briefly describe what systems China's state institutions mainly include.

China's national institution system The national institutions in People's Republic of China (PRC) include: the National People's Congress and local people's congresses at various levels; Head of State-President; State administrative organs-the State Council and local people's governments at all levels; The Central Military Commission (CMC), the national military leading organ; State judicial organs-the Supreme People's Court, local people's courts at all levels and special people's courts; State procuratorial organs-the Supreme People's Procuratorate, local people's procuratorates at all levels and special people's procuratorates. Central Military Commission 1, Nature and Status Article 93 of China's current Constitution stipulates: "The people of China and the Central Military Commission lead the national armed forces." Therefore, the Central Military Commission is the highest leading organ of the national armed forces and enjoys the decision-making power and command power over the national armed forces. 2. the Central Military Commission (CMC) is composed of chairman, vice-chairmen and members. Chairman of the Central Military Commission is elected by the National People's Congress. According to chairman of the Central Military Commission's nomination, the National People's Congress decides the candidates for other members of the Central Military Commission (CMC). The National People's Congress has the power to recall chairman of the Central Military Commission and other members. When the National People's Congress is not in session, the NPC Standing Committee decides the candidates for other members of the Central Military Commission (CMC) on the basis of chairman of the Central Military Commission's nomination. The Central Military Commission (CMC) is a state organ that is subordinate to the National People's Congress and specializes in organizing and managing the armed forces, and is responsible to the National People's Congress and its Standing Committee. The term of office of the Central Military Commission is the same as that of the National People's Congress, which is five years. 3. leadership system according to the current constitution, the central military commission implements the chairman responsibility system. Chairman of the Central Military Commission has the right to make the final decision on matters within the competence of the Central Military Commission (CMC). The chairman's responsibility system does not deny democratic centralism. Before making a decision on major issues, chairman of the Central Military Commission must conduct collective research and discussion, and then concentrate on correct opinions to make a decision. At the same time, the implementation of the chairman responsibility system is also because modern warfare requires mobility, flexibility and rapid change. Therefore, the highest military command organ of the country must have the ability to deal with all kinds of complex military situations in order to make a decisive and rapid response to all kinds of sudden military trends. The Supreme People's Court, local people's courts at all levels and special people's courts (1) Nature and tasks 1. Nature. Article 123 of China's current constitution stipulates: "People's Republic of China (PRC) people's court is the judicial organ of the state." This provision clarifies the nature of the people's court. According to this provision, in China, the judicial power must be exercised by the people's courts, that is, only the people's courts have judicial power, and no other organ, organization or individual has the right to conduct judicial activities. 2. Task. According to the current Constitution and the People's Court Organization Law, the task of the People's Court is to try criminal cases, civil cases and administrative cases, punish all criminals through trial activities, and resolve civil and administrative disputes, so as to defend the people's democratic dictatorship system, safeguard the socialist legal system and social order, protect socialist property owned by the whole people and property owned by the working people collectively, and protect the legitimate property owned by citizens privately. Protect citizens' personal rights, democratic rights and other rights, ensure the smooth progress of the country's socialist revolution and socialist construction, and educate citizens to be loyal to the socialist motherland through all trial activities and consciously abide by the Constitution and laws. (II) Organizational System and Authority According to the current Constitution and the Organic Law of the People's Courts, the organizational system of the people's courts in China is composed of the following courts: the Supreme People's Court, local people's courts at all levels and special people's courts are established nationwide; Local people's courts at all levels are divided into higher people's courts, intermediate people's courts and grassroots people's courts; Special people's courts include military courts, maritime courts, railway transport courts and forest courts. Paragraph 2 of Article 127 of China's current Constitution stipulates: "the Supreme People's Court supervises the trial work of local people's courts at all levels and special people's courts, and the people's courts at higher levels supervise the trial work of people's courts at lower levels." This shows that the relationship between the people's courts at higher and lower levels is not leadership, but supervision. The purpose of this provision in the Constitution is to ensure that people's courts at all levels can conduct trials independently according to law. According to this provision, the people's court at a higher level cannot directly instruct the people's court at a lower level how to conduct the trial, but can only examine and supervise whether the people's court at a lower level correctly applies the law in the trial activities. This kind of supervision is mainly reflected in the supervision of specific cases of lower people's courts by higher people's courts in accordance with appeal procedures, trial supervision procedures and death penalty review procedures, as well as the correction of wrong judgments and rulings. 1. the Supreme People's Court. The Supreme People's Court is the highest judicial organ in People's Republic of China (PRC), and its main powers include: (1) having jurisdiction over cases of first instance, cases of first instance that are under its own jurisdiction according to law or that it should be tried by itself (mainly cases with great influence in the whole country); (2) Jurisdiction over appeals, appeals and protests against judgments and rulings of higher people's courts and special people's courts; (3) The right of trial supervision, which supervises the trial work of local people's courts at all levels and special people's courts, tries the protest cases filed by the Supreme People's Procuratorate in accordance with the trial supervision procedures, arraigns the case in accordance with the trial supervision procedures or instructs the people's courts at lower levels to retry the effective judgments and rulings of local people's courts at all levels and special people's courts that are indeed wrong; (4) the right of judicial interpretation, explaining how to apply the law in the trial process; (five) the right to approve the death penalty, that is, to approve death penalty cases except those decided by the Supreme People's Court and authorized by the Higher People's Court. 2. Local people's courts at all levels. Local people's courts at all levels are divided into grass-roots people's courts, intermediate people's courts and higher people's courts. Among them: (1) Basic people's courts, including county people's courts, municipal people's courts without districts, autonomous county people's courts and municipal people's courts. The functions and powers of the grass-roots people's courts mainly include the following aspects: ① jurisdiction of first instance, hearing all cases of first instance except those under the jurisdiction of the people's court at a higher level according to law; (2) Out-of-court handling right, dealing with cases that do not need to be heard in court; (3) the right of mediation guidance, guiding the work of the people's mediation committee. (2) Intermediate people's courts, including intermediate people's courts established by provinces and autonomous regions according to regions; Intermediate people's courts of municipalities directly under the Central Government; City intermediate people's court with districts; Autonomous Prefecture Intermediate People's Court. The functions and powers of the Intermediate People's Court mainly include the following aspects: ① Jurisdiction of first instance, trying cases of first instance under its jurisdiction according to law (criminal cases, including cases endangering national security, ordinary criminal cases that may be sentenced to life imprisonment or death penalty, and cases committed by foreigners; In civil cases; Including major foreign-related cases, cases with great influence in the region and cases under the jurisdiction of the Intermediate People's Court determined by the Supreme People's Court; Administrative cases (including cases in which patent rights have been confirmed, cases handled by the customs, cases in which specific administrative actions have been initiated by various departments in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and major and complicated cases within their respective jurisdictions), cases of first instance transferred by the grassroots people's courts for trial; (2) To be in charge of appeals, appeals and protest cases against the judgments and rulings of grassroots people's courts; (3) The right of trial supervision, which is to supervise the trial work of the grass-roots people's courts, try the protest cases put forward by the branch of the provincial people's procuratorate and the people's procuratorates of provinces and autonomous prefectures in accordance with the trial supervision procedures, arraign the trial in accordance with the trial supervision procedures or instruct the grass-roots people's courts to retry the effective judgments and rulings of the grass-roots people's courts that are really wrong. (3) Higher people's courts, including provincial higher people's courts, higher people's courts in autonomous regions and higher people's courts in municipalities directly under the Central Government, mainly include the following aspects: (1) Jurisdiction of first instance, which tries cases of first instance under its jurisdiction according to law (mainly cases with great influence in the whole province, autonomous regions and municipalities directly under the Central Government) and cases of first instance transferred for trial by lower people's courts; (2) Jurisdiction over appeals, hearing appeals and protests against the judgments and rulings of lower people's courts and appeals against the judgments and rulings of maritime courts; (3) the right of trial supervision, which supervises the trial work of the people's courts at lower levels, tries the protest cases filed by the people's procuratorates at the provincial level in accordance with the trial supervision procedures, raises the case for trial in accordance with the trial supervision procedures or instructs the people's courts at lower levels to retry the effective judgments and rulings of the people's courts at lower levels; (4) The power to approve the death penalty, which is to approve the cases in which the intermediate people's court has sentenced the death penalty to a suspended execution according to law and the death penalty cases authorized by the Supreme People's Court (that is, murder, rape, robbery, explosion and other cases that seriously endanger public security and social order). 3. Special people's courts. The special people's court is a special part of the organizational system of the people's court. They are courts established in specific departments or for specific cases, and accept professional cases related to the establishment of departments. According to the Constitution and the Organic Law of People's Courts, China has special people's courts such as military courts, maritime courts, forest courts and railway transport courts. Military courts include China People's Liberation Army (the highest rank in the army), military courts in major military regions and services (equivalent to intermediate level) and military courts at the corps level (basic level). Military courts are responsible for hearing criminal cases committed by military personnel. There is only one level of maritime courts, which are established in port cities such as Guangzhou, Shanghai, Wuhan, Tianjin, Dalian, Qingdao, Ningbo, Xiamen, Haikou and Beihai, and their organizational system is equivalent to that of local intermediate people's courts. Maritime courts have jurisdiction over maritime cases of first instance between maritime cases and civil subjects. An appeal against a judgment or ruling of a maritime court shall be under the jurisdiction of the Higher People's Court where the maritime court is located. The railway transport court is a special people's court located along the railway, which is divided into two levels: the first level is to set up a railway transport grass-roots court at the location of the railway bureau branch, and the second level is to set up a railway transport intermediate court at the location of the railway bureau branch. The railway transport court is responsible for hearing criminal cases along the railway and economic disputes related to railway transport, which were detected by railway police authorities and prosecuted by the railway procuratorate. The task of the Forest Court is to protect forests and try cases of destroying forest resources, major accidents and foreign-related cases. Grassroots forest courts are generally located in the locations of some forestry bureaus (including timber and water transport bureaus) in some forest areas; Establish a forest intermediate court in the area where the regional (joint) forestry bureau is located or where the state-owned forest is concentrated and contiguous. The Supreme People's Procuratorate, local people's procuratorates at all levels and special people's procuratorates (1) Nature, status and tasks 1. Nature. Article 129 of China's current constitution stipulates: "People's Republic of China (PRC) people's procuratorate is the state's legal supervision organ." This provision clarifies the nature of the people's procuratorate. Judging from the current practice of legal supervision by people's procuratorates, the legal supervision by people's procuratorates is mainly to supervise whether state organs and their staff violate the criminal law, and whether the activities of public security organs, people's courts, prisons and other organs in criminal proceedings are legal, including the civil and administrative trial activities of the people's courts in post supervision. 2. Task. According to the Constitution and the Organic Law of People's Procuratorates, which was formulated in 1979 and revised in 1983, the tasks of people's procuratorates are to crack down on all criminal activities of treason and secession, punish criminals and other criminals who endanger national security, defend national security, safeguard the people's democratic dictatorship regime and socialist system, and safeguard the socialist legal system. Maintain social order, production order, work order, teaching and scientific research order and people's living order, protect socialist state-owned property and property collectively owned by working people, protect citizens' private property, protect citizens' personal rights, democratic rights and other rights, safeguard the progress of socialist modernization, educate citizens to be loyal to the socialist motherland through procuratorial activities, consciously abide by the Constitution and laws, and actively fight against illegal activities. (2) Organizational system and leadership system 1. Organizational system. According to the Constitution and the Organic Law of the People's Procuratorate, the organizational system of the People's Procuratorate in China is composed of the following procuratorial organs: the Supreme People's Procuratorate, local people's procuratorates at all levels and special people's procuratorates established nationwide. Local people's procuratorates at all levels are divided into people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; Branches of people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government, and people's procuratorates of autonomous prefectures and cities divided into districts; People's procuratorates of counties, cities not divided into districts, autonomous counties and municipal districts. Special people's procuratorates include military procuratorates and railway transport procuratorates. The people's procuratorates at the provincial and county levels may, according to the needs of their work and with the approval of the Standing Committee of the people's congress at the corresponding level, set up people's procuratorates in industrial and mining areas, agricultural reclamation areas, forest areas and other areas as agencies. 2. Leadership system. According to the Constitution and the Organic Law of the People's Procuratorate, the People's Procuratorate implements a dual subordinate system, which is not only responsible to the state power organs at the same level, but also to the people's procuratorate at a higher level and the Supreme People's Procuratorate. The leadership of state power organs over the people's procuratorates is mainly manifested in the election, recall or appointment and removal of the main members of the people's procuratorates by the National People's Congress and its Standing Committee, the deliberation of work reports, and various forms of supervision. The procuratorial system implements the leadership system in which the Supreme People's Procuratorate leads the work of local people's procuratorates at all levels and special people's procuratorates, and the people's procuratorates at higher levels lead the work of people's procuratorates at lower levels. The people's procuratorates at lower levels must accept the leadership of the people's procuratorates at higher levels and the Supreme People's Procuratorate, and be responsible to the people's procuratorates at higher levels. This vertical leadership system is mainly manifested in two aspects: (1) personnel appointment and removal. The appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government shall be reported to the chief procurator of the Supreme People's Procuratorate for approval by the NPC Standing Committee. The appointment and removal of the chief procurators of the people's procuratorates of autonomous prefectures, cities and counties divided into districts, cities not divided into districts and municipal districts shall be reported to the chief procurators of the people's procuratorates at the next higher level for approval by the standing committees of the people's congresses at the corresponding levels. (2) business leaders. The people's procuratorate at a higher level has the right to review and change the decisions of the people's procuratorate at a lower level; The decision of the people's procuratorate at a higher level must be implemented by the people's procuratorate at a lower level. When the people's procuratorate at a lower level encounters difficulties that it cannot solve, the people's procuratorate at a higher level shall give timely support and instructions, send people to assist in the work when necessary, or transfer the case to handle on its own. The people's procuratorate implements a leadership system that combines the unified leadership of the procurator-general with the collective leadership of the procuratorial Committee. The procurator-general has overall leadership responsibility for the organization and leadership, decision-making, appointment and removal, submission and recall, and representation of procuratorial organs. Under the auspices of the procurator-general, the procuratorial committee discusses and decides major cases and other important issues in accordance with the principle of democratic centralism. If the procurator-general disagrees with the opinions of the majority on major issues, he may report to the Standing Committee of the people's congress at the corresponding level for decision. (III) Functions and Powers According to the Constitution of China, the Organic Law of People's Procuratorates and other relevant laws, people's procuratorates at all levels mainly exercise the following functions and powers: 1. That is, the right to directly accept and file for investigation criminal cases that violate the criminal law, especially major criminal cases. People's procuratorates exercise procuratorial power over cases of treason, secession and serious crimes that seriously undermine the unified implementation of state laws, regulations and policies. Put on record and investigate criminal cases of corruption and bribery, dereliction of duty by state staff, illegal detention, extorting confessions by torture, retaliation and framing, illegal search, and violation of citizens' democratic rights. 2. Approve the arrest. When a public security organ requests the arrest of a criminal suspect, it shall submit it to the people's procuratorate for examination and approval, and the people's procuratorate shall decide whether to approve the arrest or not according to the circumstances. 3. bring a public prosecution. Cases concluded by public security organs and cases directly accepted by people's procuratorates shall be examined and decided by people's procuratorates to initiate public prosecution, not to initiate prosecution or to dismiss prosecution. The people's procuratorate prosecuted criminal cases and sent personnel to appear in court to support the public prosecution. 4. Investigation and supervision. The people's procuratorate shall supervise the investigation activities of public security organs (including state security organs and smuggling crime investigation organs). ) is legal. When the people's procuratorate finds that the investigation activities of the public security organ are illegal, it has the right to notify the public security organ to correct it, and the public security organ shall notify the people's procuratorate of the correction. 5. Trial supervision. The people's procuratorate shall supervise the legality of the trial activities of the people's courts. In criminal proceedings, if the people's procuratorate finds that the people's court has violated legal procedures in trying cases, it has the right to put forward rectification opinions to the people's court; Local people's procuratorates at various levels have the right to lodge a protest in accordance with the appeal procedure if they believe that the judgment or ruling of the people's court at the corresponding level is indeed wrong; The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision. In civil and administrative proceedings, the people's procuratorate has the right to lodge a protest when it finds that the legally effective judgment or ruling of the people's court violates the provisions of laws and regulations. 6. Implement supervision. Also known as "prison supervision", it refers to the people's procuratorate's supervision over the legality of the execution of criminal judgments and rulings by prisons and other penalty execution organs. If there is any violation, it has the right to correct it through the execution organs. This kind of supervision also includes the supervision of the people's procuratorate on the execution of the death penalty and the ruling of the people's court on commutation and parole.