2. INTRODUCTION
The judicial branch is one of three branches of
government in the People's Republic of China
Law-enforcement activities conducted by the
country's judicial organs and organizations in
handling prosecuted or non-prosecuted cases
Judicial organs: public-security organs (including
state security organs)
Judicial organizations: lawyers, public notaries,
and arbitration organizations.
3.
Judicial structure in the Chinese broad sense does
not only refer to courts, but also to procuratorates
and public security organs.
The presidents of courts and the procuratorgenerals of procuratorates are selected and
appointed by the people's congresses on the same
levels. The judges and procurators are selected
and appointed by the standing committees of the
respective people's congresses, and assistant
judges and assistant procurators are appointed by
the respective courts and procuratorates.
4. PEOPLE'S COURTS
The people's courts are judicial organs
exercising judicial power on behalf of the
states. According to the Constitution and the
Organic Law of the People's Courts of 1979 as
amended in 1983
The people’s courts and procuratorate are
required to provide translation for any party to
the court proceedings who is not familiar with
the spoken or written language in common use
in locality
A court has one president and several vicepresidents, a division has one chief and
several associate chiefs
5.
According to law, each case shall have at most two
trials
It means once an appeal is filed, the next higher
court must try the case again. The judgment of the
second trial shall be final and cannot be appealed
After reviewing the complaint, the president may
ask the judicial committee to make a decision to
accept or reject the appeal.
6. THE JUDICIAL COMMITTEE
Each court also has a judicial committee that is composed
of the presidents, division chiefs and experienced judges.
The members of the committee are appointed by the
standing committee of the courts at the corresponding level
The judicial committee is the most authoritative body in a
court, which is responsible for discussing important or
difficult cases, making directions concerning other judicial
matters and reviewing and summing up judicial experiences
Meeting of the judicial committees of different sets of courts
are presided over by the presidents of the concerned courts
7. COLLEGIAL PANELS
Collegial panels are the basic units in each
court
They are not permanent bodies but
organized to adjudicate individual cases
The judicial committee direction shall be
followed by judges and collegial panels
A collegial panel is composed of three to
seven judges, the number of which must be
odd
8. PEOPLE’S COURTS
There are three types of people’s courts in
China
1.
2.
3.
Supreme People’s Court (SPC)
Local People’s Court (LPC)
Special Court
9. THE SUPREME PEOPLE'S COURT
Located in Beijing
The highest judicial organ in China
The president vice-president of the SPC is
appointed and removed by the NPC and its
standing committee
Term of the President of SPC is 5 year and 2
consecutive terms
The SPC has a criminal division, a civil
division, and an economic division
Supervises the work of the local people's courts
at various levels as well as the special courts
10. CONTI.
Member of the judicial committee of SPC are
appointed and removed by the standing committee of
the NPC at the suggestion of the president of the SPC
If the SPC find some error in lower court or upper
court judgment or order, they have authority to review
such cases themselves or to direct to lower court to
conduct a retrial
BEIJING, March 15 (Xinhua) -- Zhou Qiang was
elected president of the Supreme People's Court at
the annual session of the 12th National People's
Congress Friday morning.
11.
12.
13. THE LOCAL PEOPLE’S COURTS
President of LPC is elected by the people’s
congresses at the corresponding levels and
other judges are appointed and removed by the
standing committee of local people’s congresses
The courts of the first instance—handle criminal
and civil cases
Member of the judicial committee of LPC are
appointed and removed by the people’s
congresses at the corresponding levels upon the
recommendation of the president of the LPC
14. Three
levels of the court system
The Higher People's Courts
The Intermediate People's Courts
The Basic People's Courts
15. THE HIGHER PEOPLE'S COURTS
At the level of the provinces, autonomous
regions, and special municipalities
Under the Central Government
Deals with cases of the first instance
assigned by laws
16. THE INTERMEDIATE PEOPLE'S COURTS
At the level of prefectures, autonomous
prefectures, and municipalities
Established at the levels of cities with
districts and prefectures
17. THE BASIC PEOPLE'S COURTS
Basic people's courts are set up at
the county and district level.
They consist of a president, vice
president, and judges.
A basic court may be further divided into
criminal, civil, and economic divisions.
Basic people's courts also handle cases
that are deemed too trivial to require a trial
18. THE SPECIAL COURTS
Court of special jurisdiction is one level
of the court system in China. The courts
under this jurisdiction includes:
Military Court of China
Railway Transport Court of China
Maritime Court of China
19.
Military Court
The military court that is established within the PLA is in charge of
hearing criminal cases involving servicemen
Railway Transport Court
The railway and transport court deals with criminal cases and economic
disputes relating to railways and transportation
Maritime Court
Five maritime - Guangzhou, Shanghai, Qingdao, Tianjin and Dalian
These courts have jurisdiction over maritime cases and maritime trade
cases of the first instance, including any other disputes of this category
taking place between Chinese and foreign citizens, organizations, and
enterprises
20.
21. CONCLUSION
The judicial system of china is very broad in nature.
China's judicial review system in the Constitution
does not expressly set forth, but the citizens
established by the Constitution the right to litigate
illegal, dereliction of duty of state organs and state
organs personnel principles; all state organs must
observe the Constitution and the Law, would have
to be held accountable Law principle of the
responsibility; and the principle of people's courts
exercise judicial power independently, etc.