The judicial department is a state organ exercising judicial power, a basic component of state institutions and a judicial organization established according to law to exercise relevant state functions and powers. Including courts, procuratorates and relevant functional departments.
Since the founding of New China, especially in the 20 years since the reform and opening up, judicial administrative organs at all levels in China, under the correct leadership of Party committees and governments at all levels, have persisted in serving the consolidation of people's democratic political power and the long-term stability of the country, the reform and opening up and economic construction, the construction of socialist democracy and legal system, the protection of people's democratic rights, and the convenience of people's lives, and have worked hard to make the accident investigation and handling work of judicial administrative, public security and judicial organs flourish.
Function:
Judicial power The people's courts independently exercise judicial power according to law, which cannot be shared by other state organs. Article 123 of the Constitution stipulates that "the people's courts in People's Republic of China (PRC) are state judicial organs", which establishes the nature of the people's courts as judicial organs to perform state judicial functions according to law.
Procuratorial power People's procuratorates independently exercise procuratorial power according to law and have the right to supervise the performance of duties by state civil servants, investigation by public security organs, trial by people's courts and prison work by judicial administrative organs. Article 129 of the Constitution stipulates that "People's Republic of China (PRC) People's Procuratorate is the legal supervision organ of the state", which legally establishes the nature that the People's Procuratorate, as a state procuratorial organ, exercises procuratorial power on behalf of the state.
Power of investigation The public security organs exercise the power of investigation according to law, which is of a judicial nature. In addition to the judicial nature, public security organs are part of the state administrative organs; The main tasks of public security organs are to safeguard national security, maintain social order, protect citizens' personal safety, personal freedom and legitimate property, and prevent, stop and punish illegal and criminal activities.
Special investigation power
State security organs file cases for investigation of crimes endangering state security, prison investigation departments file cases for investigation of general criminal crimes in prisons, and military security departments file cases for investigation of military crimes according to law. The above-mentioned organs with criminal investigation power play the same role as the public security organs in the process of performing criminal investigation functions, and can be considered as part of the judicial organs. However, the above-mentioned organs (including public security organs) are part of administrative organs or military political departments when performing administrative functions or other non-investigative functions, and are not regarded as judicial organs.
Reference from: Justice-Baidu Encyclopedia