Judiciary system of china

Judiciary System of China

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.

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 procurator-generals 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.

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 vice-presidents, a division has one chief and several associate chiefs

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.

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

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

PEOPLE’S COURTS

There are three types of people’s courts in China

1. Supreme People’s Court (SPC)2. Local People’s Court (LPC)3. Special Court

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

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.

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

Three levels of the court systemThe Higher People's Courts

The Intermediate People's Courts The Basic People's Courts

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

THE INTERMEDIATE PEOPLE'S COURTS

At the level of prefectures, autonomous prefectures, and municipalities

Established at the levels of cities with districts and prefectures

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

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

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

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. 

Jignesh Ladhava

10BLS02031

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