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Sichuan Provincial Administration of Justice

  In accordance with the Circular of the CPC Sichuan Provincial Committee and Sichuan Provincial Government on Printing and Releasing 'the Plan of Institutional Reform of Sichuan Provincial Government' and 'the Opinion on the Implementation of the Plan of Institutional Reform of Sichuan Provincial Government',the Sichuan Provincial Administration of Justice,which is a constituent part of Sichuan Provincial Government ( referred to as "SPAJ"),is hereby established.

  I.                   Adjustment of Functions

  1)      Cancelling such items of administrative approval as released by the provincial government;

  2)      Cancelling the functions of registration,revocation,annual review as well as guidance and supervision for legal consultancy agencies;

  3)      Cancelling the functions of organizing and directing the qualification test for public notaries;

  4)      Adding the functions of directing and administrating community rectification;

  5)      Reinforcing the functions of supervising and administrating legal aids;

  6)      Reinforcing the functions of supervising and managing centers for compulsory drug abandonment and drug addiction rehabilitation in the line of judicial administration; and

  7)      Reinforcing the functions of supervising police affairs in the line of judicial administration.

  II.                Major Functions

  1)      To implement national guidelines,policies,laws,regulations and rules in relation to judicial administration; to draw up and ensure the implementation of normative documents in relation to judicial administration,as well as work schemes and plans for judicial administration;

  2)      To supervise prison management,direct and supervise the enforcement of criminal punishments and criminal rehabilitation in prisons;

  3)      To be responsible for the administration of rehabilitation-through-labor,direct and supervise the implementation of rehabilitation-through-labor as well as the administration of centers for compulsory drug abandonment and drug addiction rehabilitation in the line of judicial administration;

  4)      To formulate plans for the popularization of legal knowledge as well as plans for publicity and education of legal system and ensure the implementation of the same,and provide guidance to all localities and all industries on legal system publicity and law-abiding governance throughout the province;

  5)      To provide guidance on and supervise the practice of law,notarial services as well as the handling of complaints from foreign investors,and assume related responsibilities and deal with administrative punishments in relation to the above;

  6)      To supervise and administer matters in relation to legal aids throughout the province;

  7)      To direct and supervise the operation of local branch offices of judicial administrative authorities as well as matters in relation to people's mediation,community rectification,grassroots legal services,and aftercare and rehabilitation for people released from prison;

  8)      To organize and arrange the national judicial examination,and direct legal science education as well as occupational education for judicial and police officers;

  9)      To be responsible for the registration of judicial authentication agencies and judicial authenticators,and be responsible for the review and registration of arbitration agencies and arbitrators;

  10)  To direct law-abiding governance in the line of judicial administration,and supervise and manage the operation of affiliated organizations and societies;

  11)  To manage such equipment as guns and ammunition,apparel and vehicles in the line of judicial administration,direct and supervise prison management and rehabilitation-through-labor as well as the budgets,finance,internal auditing of Sichuan Judicial and Police Officers Professional College and prison enterprise groups;

  12)  To direct and supervise the professional progress and ensure political adherence in the line of judicial administration,take charge of the professional progress of the leadership in province-level prisons and rehabilitation-through-labor stations,assist municipalities and prefectures in administrating the leadership in local bureaus of judicial administration,and take charge of matters in relation to police affairs management and police affairs supervision;

  13)  To undertake relevant items of administrative approval released by the provincial government; and

  14)  To undertake other matters assigned by the provincial government.

  III.             Constitution of the Department:

  On the basis of the above functions,12 internal offices are set up in the Department,together with the Division of Political Affairs.

  1)      General Office

  The General Office shall formulate development schemes and work plans and ensure the enforcement of the same; be responsible for official papers and telegrams,conference organizing,confidential documentation,files and other matters in relation to the daily normal operation of the Department; take charge of matters in relation to information release,confidentiality and open administration; undertake comprehensive matters of coordination for prisons,rehabilitation-through-labor organs and Sichuan Judicial and Police Officers Professional College; undertake matters of coordination in the case of emergencies in the line of judicial administration; undertake work in relation to performance management,comprehensive treatment for social security,foreign affairs,reception and statistics; take charge of information-based administration and network maintenance for the Department,and direct the improvement of information-based administration and network technology in the line of judicial administration throughout the province; be responsible for organizing press conferences in the Department; and undertake matters in relation to international judicial cooperation and provision of relevant legal certifying documents for major foreign economic cooperation programs in the province.   

  2)      Office for Legal Affairs (Office for Administrative Approval)

  The Office for Legal Affairs shall draft local regulations and rules in relation to judicial administration; be responsible for the formulation,review and record-keeping of the regulative documents of the Department; comment on the drafts of relevant rules and regulations; arrange for investigation into relevant laws and policies and such major topics as reform and development of judicial administration; direct law-enforcement supervision and legal affairs in the line of judicial administration; undertake cases of administrative reconsideration and administrative litigation,and take charge of hearings for administrative penalties and investigations into liabilities for faults in administrative law-enforcement and misjudged cases of administrative penalties; take charge of matters in relation to administrative compensation; take charge of matters in relation to administrative approval in the Department; be responsible for the publication of Sichuan Justice; and supervise the operation of organizations and societies affiliated to the Department.

  3)      The Office for Legal Publicity

  The Office for Legal Publicity shall formulate and ensure the implementation of plans for legal popularization and legal publicity; direct and inspect the work in relation to legal publicity and law-abiding governance; arrange for activities publicizing practices of law-abiding governance and promote the advance of the culture of law-abiding governance; arrange for and direct publicity and reports on legal affairs as well as publicity on legal affairs beyond China; undertake the work of the office for the leading group for legal progress in Sichuan Province; and supervise and direct the operation of the Institution of Legal Publicity of Sichuan Province.    

  4)      Office for Law Practice and Public Notarization (Office for Legal Aids)

  The Office for Law Practice and Public Notarization shall ensure the implementation of relevant laws,rules and regulations on law practice and public notarization; direct and supervise lawyers,law firms,notary agencies and public notaries; undertake alteration,cancellation and annual review of the practice of law of lawyers and law firms; take charge of review on the establishment,alternation and cancellation of notary agencies as well as on the permission of practice of public notaries; direct and supervise the work of grassroots legal services; impose administrative penalties on law-breaching law firms,lawyers,notary agencies and public notaries; undertake review and approval of specially-licensed lawyers; undertake preliminary review of the establishment of Sichuan branch offices by foreign,Hong Kong or Macau law firms,and direct and supervise matters in this regard; direct and inspect the enforcement of laws,regulations and policies on legal aids,supervise and administrate legal aid agencies and their staff members,give guidance to social organizations and volunteers in their legal aid activities; and supervise and direct the operation of bar associations and notary associations.

  5)      Office for Grassroots Work (Office for Community Rectification)

  The Office for Grassroots Work shall direct and supervise the work of local branch offices of judicial administrative authorities,people's mediation and community rectification; direct and supervise the work in relation to aftercare and rehabilitation for people released from prison and from rehabilitation-through-labor; and cooperates with the people's courts to direct the work in relation to people's jurors. 

  6)      Office for National Judicial Examination

  The Office for National Judicial Examination shall ensure the implementation of laws,rules and policies about the national judicial examination; undertake the organization of the national judicial examination; review and issue the qualification certificates for legal profession,and take charge of the administration of persons who obtain the certificates; direct legal science education (distance-learning); and direct the teaching management in Sichuan Judicial and Police Officers Professional College.

  7)      Office for Administration of Judicial Authentication (Bureau of Judicial Authentication)

  The Office for Administration of Judicial Authentication shall formulate and ensure the implementation of administrative rules and technical standards for judicial authentication; be responsible for the registration and administration of judicial authenticators and judicial authentication agencies throughout the province; take charge of the selection and administration of province-level judicial authentication agencies; and direct the administration of judicial authentication qualifications and quality as well as the professional training of judicial authenticators.

  8)      Office for Finance and Equipment

  The Office for Finance and Equipment shall direct the management of finance,materials and equipment as well as infrastructure in the line of judicial administration; direct and supervise the use of special subsidies appropriated by the state as well as funds for infrastructure in the line of judicial administration; formulate and ensure the implementation of equipment planning and infrastructure planning and the annual plans for the same; supervise and administrate materials and equipment such as guns,ammunition,apparel and vehicles in the line of judicial administration; take charge of work in relation to the budgets and financial accounts,financial management,government procurement,state-owned assets,funds for infrastructure in the Department and subordinate entities; and take charge of such logistic work as guard-keeping and security,communication and vehicles.

  9)      Office for Complaints from Foreign-invested Enterprises

  The Office for Complaints from Foreign-invested Enterprises shall direct and supervise the work in relation to complaints from foreign-invested enterprises throughout the province; offer legal and policy consultancy services to foreign investors; assist foreign-invested enterprises in protecting their own legal rights and interests by means of arbitration,litigation,reconsideration or appeal; cooperate with relevant departments to investigate into and verify typical cases where investment activities by foreign-invested enterprises are affected and propose suggestions on penalty; and undertake specific work in the Office for Complaints from Foreign-invested Enterprises of Sichuan Provincial Government. 

  10)  Office for Supervision of Police Affairs

  The Office for Supervision of Police Affairs shall formulate and ensure the implementation of working plans for supervision of police affairs in the line of judicial administration; supervise and inspect whether the police in the line of judicial administration,prison and rehabilitation-through-labor abide by the law and disciplines to fulfill their duties and exercise their powers in law-enforcement and duty-implementation activities; and supervise police officers' use of arms,police weapons,police vehicles and police signs in the line of judicial administration. 

  11)  Office for Letters and Visits from the Public

  The Office for Letters and Visits from the Public shall implement laws,rules and regulations in relation to letters and visits from the public; deal with and receive letters and visits from the public,arrange for the handling of or forward involved matters mentioned in the letters and visits from the public,and organize relevant hearings; arrange for and supervise the handling of important matters and emergencies in relation to letters and visits from the public; and make studies on,analyze,direct and inspect the work in relation to letters and visits from the public in the line of judicial administration.  

  12)  Office for Affairs of Retired Staff

  The Office for Affairs of Retired Staff shall be responsible for affairs in relation to retired staff of the Department and direct the work in relation to retired staff in subordinate entities and in the line of prison and rehabilitation-through-labor.

  Division of Political Affairs (Division of Police Affairs) shall direct the work in relation to Party building,team construction,improvement of ideological style and work style as well as cultural and ethical progress; be responsible for the supervision,appointment and dismissal,personnel assignment and daily assessment of cadres under the administration of the Department; be responsible for institutional establishment,personnel management and salary of the Department,province-level prisons,rehabilitation-through-labor organs and subordinate entities; undertake police affairs management in the line of judicial administration; make assessments of jointly-administered cadres and propose suggestions regarding the appointment,dismissal and assignment of the same; undertake political and ideological education and training for police officers in the line of judicial administration; and take charge of publicity in line of judicial administration. The Division of Political Affairs (Division of Police Affairs) consists of the Office for Organization and Cadres,the Office for Personnel Management and the Office for Education and Training.

  The Party Committee of the Department shall be responsible for work in relation to Party-and-mass relationship in the Department and subordinate agencies. The establishment of its organs is to be determined by the party group in accordance with provisions by the CPC Sichuan Provincial Committee.

  The disciplinary inspection team and the supervision team delegated by the Supervisory Department of Sichuan Province shall share one office,which shall include the Audit Office. 

  IV.              Personnel and Number of Leaders

  The Judicial Administration Department of Sichuan Province is to have 156 staff (including the personnel for disciplinary inspection and supervision). The staff includes one Director,4 Deputy Directors and one Director for the Division of Political Affairs. Party secretaries are to be appointed in accordance with provisions by the CPC Sichuan Provincial Committee. The Department is to have 19 officials of leading roles of divisions or equivalents (including 2 Deputy Directors for the Division of Political Affairs and one full-time deputy secretary for the Party Committee of the Department or director of the Party Office of the Department) and 32 officials of assisting roles of divisions or equivalents (including 2 deputy directors for the office for supervision).

  V.                 Miscellaneous

  1)          The Department shall administer the Bureau for Prison Management of Sichuan Province.

  2)          The Bureau for Management of Rehabilitation-through-labor of Sichuan Province is to be adjusted from being the internal institution of the Department to being a subordinate entity administered by the Department.

  3)          Provisions for the establishment,functions and institutional organization of subordinate entities shall be formulated otherwise.

  VI.              Supplementary Provisions

  These provisions are subject to the interpretations and adjustment by the Commission of Institutional Organization of the CPC Sichuan Provincial Committee in accordance with specified procedures.

  Address: No.24,Shangxiang St.,Chengdu

  Postal Code: 610015

  Tel: 86747716

  Fax: 86622243

 
 
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