98 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol.39 but determined that the force used by Sun was excessive.The court of second instance reduced the sentence to two years.Still dissatis- fied,Sun sought another review,by seeking to reopen the Interme- diate Court's legally effective judgment.The Intermediate Court agreed to reopen the case,retried it and this time,found Sun not guilty.Contrary to the rule that a decision is final after one appeal, Sun had two reviews of his conviction.14 A citizen seeking adjudication supervision may file a petition ("shensu")with the court or,in a criminal case,with either the court or the procuracy.The court or the procuracy first investigates the case and,if it finds error in the judgment,refers the case to the judicial committee of the court for discussion and decision.15 Each level of court has a judicial committee responsible for the supervi- sion of the court's work.16 If the judicial committee decides that the case needs to be reopened and retried,it will direct the court accordingly.17 If a procuracy itself discovers an error in a judgment by a court of its own level,it must also seek adjudication supervision.It must first petition the procuracy at the level above it to protest ("kangsu")to a higher level court for a reopening of the lower court judgment.18 A higher level procuracy,in discovering error in a judg- ment of a lower court,files a protest to a court of its own level and not directly with the lower court.19 Upon receiving the protest from the procuracy,the court conducts a retrial.In a criminal case,the procuracy can file protests seeking reversals of acquittals and in- creased sentences as well as reversals of convictions and reduction of sentences.20 14.The case is reported in Zhang Zhiye,"How Do China's Lawyers Work?,"26 Beijing Rev.,No.23 at 26 (June 6,1983);see also Minzhu Yu Fazhi (Democracy and Law),March 1987 at 22-23. 15.Civil Procedure Law,pt.2,ch.16,art.177;Criminal Procedure Law,pt.III, ch.V,art.149. 16.People's Court Law,ch.I,art.11.The composition of the judicial committee is further discussed infra. 17.Criminal Procedure Law,pt.III,ch.V,art.149. 18.People's Procuracy Law,ch.II,art.18 [hereinafter the People's Procuratorate Law],trans.in Laws of the P.R.C.1983-86.Note that the procuracy and the public security(the police arm)have a four-tier organization paralleling that of the court system. 19.Id.The role of the procuracy in a civil case is a much debated one.See Fang Hong,"Concerning the Role of the Procuracy in Supervising the Legality of Civil Cases,"Xiandai Faxue,(Modern Legal Studies),No.1,1988,at 24-26.However,the amended Civil Procedure Law has affirmed the role of the procuracy to intervene in a civil case to seek a re-opening of judgment. 20.In an adjudication supervision,there is no prohibition against increased pun- ishment as there is in an appeal.Hence,the defendant runs the risk of having his case heard again and again until a more severe punishment is meted out.See Woo, "The Right to a Criminal Appeal in the People's Republic of China,"14 Yale J.Int? L.118,138-40(1989). This content downloaded by the authorized user from 192.168.82.207 on Thu,15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions98 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 39 but determined that the force used by Sun was excessive. The court of second instance reduced the sentence to two years. Still dissatis￾fied, Sun sought another review, by seeking to reopen the Interme￾diate Court's legally effective judgment. The Intermediate Court agreed to reopen the case, retried it and this time, found Sun not guilty. Contrary to the rule that a decision is final after one appeal, Sun had two reviews of his conviction.'4 A citizen seeking adjudication supervision may file a petition ("shensu") with the court or, in a criminal case, with either the court or the procuracy. The court or the procuracy first investigates the case and, if it finds error in the judgment, refers the case to the judicial committee of the court for discussion and decision.'5 Each level of court has a judicial committee responsible for the supervi￾sion of the court's work.'6 If the judicial committee decides that the case needs to be reopened and retried, it will direct the court accordingly.'7 If a procuracy itself discovers an error in a judgment by a court of its own level, it must also seek adjudication supervision. It must first petition the procuracy at the level above it to protest ("kangsu") to a higher level court for a reopening of the lower court judgment.'8 A higher level procuracy, in discovering error in a judg￾ment of a lower court, files a protest to a court of its own level and not directly with the lower court.'9 Upon receiving the protest from the procuracy, the court conducts a retrial. In a criminal case, the procuracy can file protests seeking reversals of acquittals and in￾creased sentences as well as reversals of convictions and reduction of sentences.20 14. The case is reported in Zhang Zhiye, "How Do China's Lawyers Work?," 26 Beijing Rev., No. 23 at 26 (June 6, 1983); see also Minzhu Yu Fazhi (Democracy and Law), March 1987 at 22-23. 15. Civil Procedure Law, pt. 2, ch. 16, art. 177; Criminal Procedure Law, pt. III, ch. V, art. 149. 16. People's Court Law, ch. I, art. 11. The composition of the judicial committee is further discussed infra. 17. Criminal Procedure Law, pt. III, ch. V, art. 149. 18. People's Procuracy Law, ch. II, art. 18 [hereinafter the People's Procuratorate Law], trans. in Laws of the P.R.C. 1983-86. Note that the procuracy and the public security (the police arm) have a four-tier organization paralleling that of the court system. 19. Id. The role of the procuracy in a civil case is a much debated one. See Fang Hong, "Concerning the Role of the Procuracy in Supervising the Legality of Civil Cases," Xiandai Faxue, (Modern Legal Studies), No. 1, 1988, at 24-26. However, the amended Civil Procedure Law has affirmed the role of the procuracy to intervene in a civil case to seek a re-opening of judgment. 20. In an adjudication supervision, there is no prohibition against increased pun￾ishment as there is in an appeal. Hence, the defendant runs the risk of having his case heard again and again until a more severe punishment is meted out. See Woo, "The Right to a Criminal Appeal in the People's Republic of China," 14 Yale J. Int' L. 118, 138-40 (1989). This content downloaded by the authorized user from 192.168.82.207 on Thu, 15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions